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HomeMy WebLinkAboutCouncil 02/02/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING February 2, 2004 Monday, 7:30 p.m. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. ADMINISTRATIVE REPORT 4. 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. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of January 26, 2004. Council concur. b. City Clerk submits Petition for Review filed before the Central Puget Sound Growth Management Hearings Board by Brad Nicholson, 2300 NE 28th St., Renton, 98056, requesting that Renton's development regulations, zoning map, and ordinances, related to the Boeing property rezone action, comply with the Growth Management Act. Refer to City Attorney. c. Development Services Division recommends adoption of the 2002 National Electric Code, with City of Renton amendments. Refer to Planning & Development Committee. d. Development Services Division recommends approval, with conditions, of the Sunnybrook Final Plat; 115 single-family lots on 35.02 acres located at S. 38th Ct. and Smithers Ave. S. (FP-03- 103). Council concur. (See 8.a. for resolution.) e. Finance & Information Services Department requests approval to write off bad debt in the total amount of $97,782.36. Refer to Finance Committee. f. Human Resources & Risk Management Department recommends approval of a resolution that provides medical and dental coverage for eligible dependents of employees who are on active military service for "Operation Iraqi Freedom." Council concur. (See 8.b. for resolution.) g. Water Utility Division recommends approval of a contract in the amount of $25,100 with R112 Engineering, Inc. to program the water and sewer telemetry system; and approval to transfer $50,000 to the Water Telemetry System Upgrade account from the Well 9 Rehabilitation and Water Pump Station Rehabilitation accounts. Refer to Utilities Committee. 6. CORRESPONDENCE 7. OLD BUSINESS 8. ORDINANCES AND RESOLUTIONS Resolutions: a. Sunnybrook Final Plat (see 5.d.) b. Medical/dental coverage for eligible dependents of employees on active military service (see 51.) (CONTINUED ON REVERSE SIDE) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 7:00 p.m. 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 F RENTON CITY COUNCIL Regular Meeting February 2, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON, Council President; MARCIE PALMER; TERRI BRIERE; COUNCILMEMBERS DENIS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN. CITY STAFF IN KAT14Y KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; RUSSELL WILSON, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; NEIL WATTS, Development Services Director; DEREK TODD, Assistant to the CAO; DEPUTY CHIEF KEVIN MILOSEVICH, Police Department. 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: • .At the Sams Club grand opening last week, the company donated $24,500 to community organizations, service groups, and non-profit agencies, including $1,500 to the Renton Fire Department for the purchase of smoke detectors and $1,500 to the Renton Police Department for emergency services for domestic violence victims. • Residents new to Renton receive a New Resident Packet that contains information highlighting the different services available in the City. These packets are mailed to new residents weekly, using mailing lists obtained from King County records of completed mortgage transactions. • The Renton Municipal Arts Commission will hold its Meet the Artist reception, for artist Lisa Bower, in the lobby of Carco Theatre on Friday, February 6th, from 6:30 to 7:30 p.m. 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 January 26, 2004. Council concur. January 26, 2004 Legal: Petition for Review re City Clerk submitted Petition for Review filed before the Central Puget Sound Boeing Property, Central Puget Growth Management Hearings Board by Brad Nicholson, 2300 NE 28th St., Sound Growth Management Renton, 98056, requesting that Renton's development regulations, zoning map, Hearings Board (Nicholson) and ordinances, related to the Boeing property rezone action, comply with the Growth Management Act. Refer to City Attorney. Development Services: Development Services Division recommended adoption of the 2002 National National Electric Code (2002) Electric Code, with City of Renton amendments. Refer to Planning and Adoption Development Committee. Plat: Sunnybrook, S 38th Ct & Development Services Division recommended approval, with conditions, of the Smithers Ave S, FP-03-103 Sunnybrook Final Plat; 115 single-family lots on 35.02 acres located at S. 38th Ct. and Smithers Ave. S. (FP-03-103). Council concur. (See page 36 for resolution.) February 2, 2004 Renton City Council Minutes Page 36 Finance: Bad Debt Write Off Finance and Information Services Department requested approval to write off bad debt in the total amount of $97,782.36. Refer to Finance Committee. Human Resources: Dependent Human Resources and Risk Management Department recommended approval Medical/Dental Coverage of of a resolution that provides paid medical and dental coverage for eligible Employees Called to Active dependents of employees who are on active military service for "Operation Duty Iraqi Freedom." Council concur. (See later this page for resolution.) Utility: Water & Sewer Water Utility Division recommended approval of a contract in the amount of Telemetry System $25,100 with RH2 Engineering, Inc. to program the water and sewer telemetry Programming, R112 system; and approval to transfer $50,000 to the Water Telemetry System Engineering, Fund Transfer Upgrade budget account from the Well 9 Rehabilitation and the Water Pump Station Rehabilitation accounts. Refer to Utilities Committee. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Council Meeting Minutes of MOVED BY PERSSON, SECONDED BY LAW, COUNCIL APPROVE THE December 22, 2003, AMENDMENT TO THE COUNCIL MEETING MINUTES OF DECEMBER Amendment 22, 2003, WHICH STATES THAT MAYOR PRO TEM KEOLKER- WHEELER, RATHER THAN MAYOR TANNER, OPENED THE ANNEXATION PUBLIC MEETINGS. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3683 A resolution was read approving the Sunnybrook Final Plat; 35.02 acres located Plat: Sunnybrook, S 38th Ct & in the vicinity of S. 38th Ct. and Smithers Ave. S. (FP-03-103). MOVED BY Smithers Ave S, FP-03-103 PERSSON, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3684 A resolution was read authorizing continued City paid dependent health and Human Resources: Dependent dental coverage of employees who are on active military service during Medical/Dental Coverage of "Operation Iraqi Freedom." MOVED BY CLAWSON, SECONDED BY Employees Called to Active NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Duty NEW BUSINESS Councilman Clawson announced that he will be appointed to the Watershed Council: WRIA 8 Steering Resource Inventory Area (WRIA) 8 Steering Committee and Forum. Committee & Forum Appointment (Clawson) ADJOURNMENT MOVED BY PERSSON, SECONDED BY LAW, COUNCIL ADJOURN. CARRIED. Time: 7:44 p.m. 6,q-w Lug 4. l:�yaZa7t-,r BONNIE I. WALTON, City Clerk Recorder: Michele Neumann February 2, 2004 ' RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING February 2, 2004 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 2/09 Emerging Issues (Persson) 7:00 p.m. *Council Conference Room* COMMUNITY SERVICES (Nelson) FINANCE MON., 2/09 Vouchers; (Corman) 6:00 p.m. Bad Debt Write Off PLANNING & DEVELOPMENT THURS., 2/05 2002 National Electric Code with City of (Briere) 2:00 p.m. Renton Amendments PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) THURS., 2/05 I-405 Corridor (briefing only) (Palmer) 4:00 p.m. UTILITIES THURS., 2/05 Holmes Sewer Main Extension Latecomer (Clawson) 3:00 p.m. Request NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON MEMORANDUM DATE: February 2, 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: GENERAL • At the Sam's Club Grand Opening last week, the company generously donated $24,500 to community organizations, service groups, and non-profit agencies, including $1,500 to the Renton Fire Department for the purchase of smoke detectors and $1,500 to the Renton Police Department for emergency services for domestic violence victims. • On Tuesday, February 3'a, voters in the Renton School District will have an opportunity to vote on a funding renewal measure. Polls will be open from 7:00 a.m. to 8:00 p.m. The district's Education Maintenance and Operations Replacement Levy provides more than 20 percent of the district's annual operating budget and replaces a current levy that expires this year. Absentee ballots must be postmarked or returned by February 3`a ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • The welcome wagon in Renton doesn't arrive on the doorstep; rather it comes in the mailbox. Residents new to Renton receive a New Resident Packet that contains a wealth of information highlighting the different services available in the City. These informational packets are mailed to new residents weekly, using mailing lists obtained from King County records of completed mortgage transactions occurring within the city limits. Over the course of a year, approximately 1,200 packets are sent to new residents. These packets are available by calling the Mayor's Office at 425430-6500 or by visiting the City's website at www.ci.renton.wa.us. A randomly selected group of New Resident Packet recipients was recently surveyed. Of the first 100 survey responses, 84% found the New Resident Packets informative and 97% rated Renton as at least a "Satisfactory" place to live, with 62% rating Renton as a "Very Good" or "Excellent" place to live. • The February 2004 edition of CitySource, the City's newsletter to citizens and businesses, will be included in the February 4t' issue of the Renton Reporter. This edition features the record housing starts in Renton, New Resident Welcome Packets, Free Natural Yard Care workshops, Neighborhood Grant Program details, Hotel/Motel Tax Allocations, increase in Boat Launch fees, and Renton City Council Highlights. CitySource can be found on the City's website, www.ci.renton.wa.us, through the Spotlight section under the press release option. COMMUNITY SERVICES DEPARTMENT • Congratulations to the Golf Course staff (Steve Meyers, Mike Toll, Kathy Ruff, Pete Frigard, Dave VanSantford, Greg Haake, Tom Walthier, and Kirk Gleason) selected as the Community Services Team of the Year 2003 for their excellent customer service and maintenance management. Administrative Report February 2, 2004 Page 2 • Congratulations to John "Casey" Pearson (Facilities Division) selected as the Community Services Employee of the Fourth Quarter 2003 for his wonderful attitude and willingness to go the extra mile. • Congratulations to Clark Petersen selected as the Community Services Employee of the Year 2003 in recognition of his 35 years of superior, dedicated service and exceptional stewardship at the Renton Public Library. • The Renton Municipal Arts Commission will hold its Meet the Artist reception in the lobby of the Carco Theatre on Friday, February 60', from 6:30 to 7:30 p.m., prior to Valley Community Players' opening night of the play Ten Little Indians by Agatha Christie. This free public reception will give the community an opportunity to meet Gig Harbor artist Lisa Bower and view her works. Refreshments will be provided. • Head to Carco Theatre on Sunday, February 8 h, at 7:00 p.m. for a Celebration of Black History Month. Two sisters weave a musical tapestry that tells the story of the African -American experience. From slavery to Motown, to the sorrows, joys, tragedies, and triumphs, this in an American history lesson not to be missed. Ticket prices are $10 for adults and $8 for students and seniors. For more information or to reserve tickets, call 425-430-6707. POLICE DEPARTMENT • During the week of February 3-9, 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 February3-9 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer February 3, Tuesday SW 43 St/Talbot (red light) Rainier Ave N (speed) 4300 blk, NE 17` St Rainier Ave N (speed) Williams Ave/Grad Way (light) February 4, Wednesday SW 43d St/Talbot (red light) 4300 blk, NE 17 St (speed) SW 5 /Stevens Ave SW Sunset Blvd (turns/speed) 3500 blk, Monterey Ave NE SW (speed) February 5, Thursday 1100 blk, Hoquiam Ave NE 1100 blk, Hoquiam Ave NE 1100 blk, Hoquiam (speed) (speed) Ave NE Maple Valle Hwy (speed) Rainier/Grad (red light) February 6, Friday 200 blk, S 2° St (speed) NE 10 h/OI m is (stop sign) 700 blk, SW 43` St (speed) 200 blk, S 2°d (speed) 1100 blk, Hoquiam Ave NE February 9, Monday 1400 Houser Way (speed) Rainier Ave N (speed) SW 5 /Stevens Ave Lk Wash Blvd (speed) 1400 Houser Way (speed) SW CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie Walton SUBJECT: Petition for Review before the Central Puget Sound Growth Management Hearings Board - Brad Nicholson, Petitioner v City of Renton, Respondent, and The Boeing Company, Proponent EXHIBITS: Petition for Review Al11 #: AGENDA OF AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance.. . Resolution... Old Business....... New Business...... Study Session.... Other.... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Refer to City Attorney Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted ........ Revenue Generated... SUMMARY OF ACTION: February 2, Petition for Review filed before the Central Puget Sound Growth Management Hearings Board by Brad Nicholson, 2300 NE 28th St., Renton, 98056, requesting that the City of Renton's development regulations, zoning map, and ordinances comply with the Growth Management Act. This petition regards the City's rezoning action (LUA-02-141) on November 24, 2003, related to the 280-acre parcel of land owned by The Boeing Company. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF RFNTON 4l'AN 2 2 Ci'J'+ RCP VED CJJY CLERN OFFICE R F-c' ' FORE, THE CENTRAL PUGET SOUND GM �i MANAGEMENT HEARINGS BOARD OR THE STATE OF WASHINGTON S(-1UN1')6RO�jtj CkN7R.�.1_ FUG`��,ARi�iCaS BO,SZ�3 p.AAnAC�E NtE:!� ', In the matter concerning purported ) Case No. ©Q" - 3 -Q O V + comprehensive planning, development ) regulations, and zoning enactments ) and amendments of the City of Renton: ) PETITION FOR REVIEW Brad Nicholson, a citizen of the City ) of Renton: ) Petitioner, ) V. ) City of Renton, a State of Washington ) Municipal Corporation: ) Respondent, ) The Boeing Company, owning and ) operating a commercial airplane ) manufacturing plant on land zoned ) Industrial Heavy in the City of ) Renton: ) Proponent. COMES NOW,.the Petitioner, Brad Nicholson by and through his own motion; for want of community and consistency, health, safety, general welfare, morality,) economic and social environmental quality, and for want of fulfillment of the purposes and objectives, common goals, and specific directives of the Laws of the State of Washington and its Growth Management Act (GMA)(the act); Petition for Review - 1 4 d 'EriNSP Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Does hereby petition, and requests review and an order and relief in favor of this petition and against the respondents each of them, pursuant to and under the authority of the Growth Management Act and the State Environmental Policy Act, and according to Laws of the State of Washington and according to its Administration and Constitution, aggrieved by the respondents and the threat they pose to the public interest and its environment, through their acts each of them, and alleges the following: I. INTRODUCTION 1.0 This petition is not related to an appeal of a project action. It is a petition requesting that City of Renton development regulations, zoning map, and ordinances comply with the GMA. This petition concerns itself with a rezoning action designated LUA-02-141, CPA, R, EIS by the City of Renton (city) 1.1 Ordinary Renton Citizens have no preference for a large scale shopping center for City government to achieve a greater share of sales tax revenue, along with service related employment, and they are not legitimate objectives of the act: Boeing has made no decision to leave the site according to the facts of record. Proponent wants to rezone for purpose of stockholder value. The facts are that the objectives that the City and Proponent have identified to adopt the following ordinances are not compliant with the specific objectives of the GMA; 1.2 The need for this petition arises from the City of Renton adoption of ordinances # 5026, # 5027, # 5028, #5029, #5030, #5031, #5032, #5033, #5034, #5038, #5039, and resolution # 3669 dated November 24, 2003 by the Renton Petition for Review - 2 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City Council; all relating to a 280 acre parcel of land owned by Boeing. The review committee findings, recommendations, and minutes and summary of adoption are also non -compliant (attached herewith). The Boeing Company proposes a redesignation of the City's land use map and a proposal for a rezone and the necessary code changes and development regulations that would be required of the area generally in the center area of Renton, along Cedar river and Lake Washington and purportedly in order to accomplish the objectives of the Boeing Company, and while an environmental impact statement was performed exclusively for the purpose of considering the possible usage of the property. Such facts raise the question: Why must proponent rezone its present continuing operations that are visualized to continue for the foreseeable future and when the proponent has no preferred alternatives and when it is contrary to the City's comprehensive plan, public morals, general welfare, and present circumstances? There is abundant legal authority available that justifies invalidation of this rezone. 1.3 The City and the proponent allege that they have been working for up to a year to analyze the impacts from the four alternative scenario that had, at a previous time, no preferred alternatives and were only for purpose of consideration of the potential of the property relevant to this appeal. They have now adopted a "hybrid" plan that includes approved options for a large- scale retail shopping center and high intensity residential use. All of these actions have been performed concurrent with public rallies for Boeing Jobs, multi -billions of dollars in State legislation and tax value as incentives to promote this type of industrial activity, publicity and signage in the City, Petition for Review - 3 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and general discontent and disappointment in the appearance of the negative ethical and negative moral role of their industrial offset agreements and their effects on ordinary citizens, while new programs and possibilities hang in the balance, and while circumventing the City's Comprehensive Plan economic development element. It is clear that the proposal also attempts to circumvent mandatory provisions and exclusive objectives of the GMA. The context of the implications have been discussed to a great degree in inner circles, and without being fairly recorded, and portend these actions transform the proponent from an "aircraft manufacturer" to a "systems integrator" with "consolidated operations", and the City into a "mixed use" "urban center" with a "hybrid" large scale retail shopping center. Most all of which present a very bleak outlook for Renton and State citizens, white and blue collar alike, that are educated and work and rely upon their jobs in industry and manufacturing for their livelihoods. Renton has always been considered a town of hard working Americans and still is. It is undisputed fact that these theories and objectives of the proponent and City politicians are conceived by their unilateral, individual benefits and objectives, and their strategy to increase stockholder value and sales tax revenue. And all destined to result in lower standards of living, and decreased capacity for Washington and Renton citizenry. Renton politicians have done nothing to serve the objectives and purposes of statutory authority, while citizenry has expressed their convictions with a three point two billion dollar tax incentive. Petitioner suggested that a compromise be adopted, utilizing a legal, interdisciplinary process, sustaining all of the alternatives but such suggestion has been ignored. In fact, they have Petition for Review - 4 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 arbitrarily and capriciously ignored their own comprehensive plan throughout, and advocated and helped develop the inconsistent and arbitrary plans, and with development regulations that would not implement their comprehensive plan in accordance with 36.70A.130(1)(a)(b) RCW, and while violating internal consistency requirements of 36.70A.070 RCW. That is clearly erroneous, a ground acceptable to invalidation pursuant to 242-02-634 WAC. (Copies of the City comprehensive plan economic development element are attached herewith) It is a well known fact that Renton citizens are mainly working class people, that want to be productive and working, need industrially zoned land in the city for purpose of productive output and social and environmental quality, while their values and convictions are given to the industrial and manufacturing history of Renton inclusive of their common goals in accordance with instruments of public policy outlined herewith. Deference should be foregone because the actions would thwart legitimate statutory objectives. Boeing property at issue here is zoned Industrial Heavy. 1.4 Petitioner appeared, appealing for logic and reason to be discussed and disclosed relating these issues, but the City and Proponent still proceed with the process upon the unjustifiable goals of the proponent. Petitioner cares about the City of Renton. Petitioner also made his request clear; to make further amendments to the 2003 comprehensive plan and code and development regulations amendments that at present and as submitted are not in compliance with applicable laws. Staff, Planning Commission, Council, and Proponent have still ignored petitioners just and legal requests. 1.5 Petitioner appealed to the City hearing examiner, according to City Code. Petition for Review - 5 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IIThe adequacy of the impact statement is now at issue before that office and the impact statement and the processes involved in completing it are unfinished at this time. An environmental impact statement and its review process should be completed prior to the adoption of related regulations and ordinances. The facts that are contained therein are necessary facts to enable a review by this board, and without which, review by this board may not proceed at this time. 1.6 Review and amendment and/or reversal is required of the purported code and regulations and plans for the site zoning, storm water ordinance, impact fee ordinances, public participation requirements, capital facilities element, and transportation planning in order to achieve compliance with the act. The following results: II. JURISDICTION AND STANDING 2.1 This Board has jurisdiction because 36.70A.290 RCW commonly known as the Growth Management Act authorizes petitioner to request review of comprehensive plans and zoning and development regulations created and ordained by the City of Renton local jurisdiction through Petition for Review at this board. 2.2 Petitioner Brad Nicholson presented himself at the City of Renton public hearing held on the matters that are the subject of this request punctually; requested to become a party of record at same, participated orally and in writing for same, and therefore properly has standing to request review pursuant to 36.70A.280(2)(b) RCW. Such participation in the proceedings that lead up to the purported adoption Petition for Review - 6 Brad Nicholson 2300 N.E.28`St. Renton. Wa. 98056 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of certain ordinances, plans, and regulations of the City of Renton, referred to as the 2003 Comprehensive plan amendments and development regulations for Renton and therefore he properly has standing to make this request. 2.3 In addition to such proper participation and standing, petitioner Brad Nicholson participated by presenting letters and appeals prior to the deadlines prescribed by the City and addressed according to their specifications, (copies have been incorporated into the EIS final draft and public record of the proceedings) appropriately raising issues of concern that are properly before this board and in the prior proceedings leading up to the unlawful ordinances that are at issue in this appeal. The responses provided to such participation was not guided by the specific and exclusive goals of the act but rather by the specific goals of the proponent, and City goals that are outside of the act in disregard of and without harmony with the laws that are applicable to their proposal. The issues here were properly raised and were not addressed by the proponent, the City, or in the proceedings. Again, petitioner Brad Nicholson has, by right and as a matter of law, lawful standing to make this request. 2.4 36.70A.290(2) RCW requires requests of this nature to be made within a period of sixty days from the time the disputed plans, codes, or development regulations are adopted or enacted. This request is made within that timeframe and therefore this petition has been filed in a timely manner and therefore it is properly before this Board and is subject to review under the rules of title 242 WAC, title 365 WAC, and other according to this board. 2.5 The ordinances and regulations and codes at issue in the above captioned case concerns property that is located in the City of Renton, County of King, Petition for Review - 7 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Jall and both in the State of Washington, and therefore according to Washington Law and 36.70A.250 RCW, this request is properly before the Central Puget Sound Growth Management Hearings Board. This board should review this appeal, pursuant to Washington administrative codes, along with other relevant rules, laws, mandates, and judicial interpretations, because it is a quasi-judicial administrative proceeding. 2.6 The regulations and issues here are the unlawful development regulations, J planning, zoning and codes of the City of Renton and/or the absence of such codes, planning, zoning, and development regulations herewith. The unlawful planning concerning the rezoning of a Major Industrial Development and a very) large area of the City of Renton bordering critical habitat and State high quality water bodies are now at issue and the purported City Planning, development regulations, and development agreements must now be reversed according to this request and Washington Law and 36.70A.280(1)(a)RCW. The City of Renton and State of Washington and its citizens and their morals and their requirement for general welfare consistent with adopted comprehensive plans, have values that are contrary to the City and Proponent planning, as evidenced by recent legislation, resolutions, and social and economic demands, and requirements for general safety, health and welfare, and public morals, 36.70 RCW, and Washington Law effectively prohibits uncoordinated and unplanned growth and according to 36.70A.010 RCW. 2.7 All subject matter areas articulated within this petition are properly within this jurisdiction. 2.8 Respondent the City of Renton is a municipal corporation of the State of Washington and purports to ordain comprehensive planning, development Petition for Review - 8 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regulations, zoning, and is subject to the statutory requirements of State Environmental Policy Act (SEPA), under State Growth Management Act and Growth Management Act Impact Fee Statutes 82.02 RCW (GMA), and all other pertinent and applicable requirements of the State of Washington that are relevant to this petition. The City of Renton purported planning and regulations under the requirements of the Growth Management Act 36.70A.040 RCW are inadequate and will not fulfill the purposes and objectives of Washington Law and are made in arbitrary disregard of Washington Law. 2.9 The GMA defines development regulation within its provisions, and the ordinances brought to issue here are according to that definition. 2.10 WAC 242-02-910 governs petitions for declaratory ruling and this petition is within and will be argued within the substantial form of a request under Cr 56(c) that there are now no genuine issues of material fact that is necessary for a disposition in this case that is in dispute and therefore a ruling should be entered upon the record in favor of this petition as a matter of law. This petition is complete according to the rules properly promulgated by this board. 2.11 According to 36.70A.030 RCW, the specific goals of the Growth Management Act must be used exclusively when determining the validity of comprehensive plans, zoning, and development regulations and theretofore declared by policy or enacted by ordinance. Other goals exclusive to the others and proponent's vision were unlawfully used in adopting the purported plans. 2.12 43.21C RCW states, "Fulfill the social, economic, and other requirements of present and future Petition for Review - 9 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 generations of Washington citizens"; and, "Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations"; 36.70.010 RCW was enacted while stating, "all to the end of assuring the highest standards of environment for living, and the operation of commerce, industry, agriculture and recreation, and assuring maximum economies and conserving the highest degree of public health, safety, morals and welfare" Washington statutes must be construed in accordance with these purposes. Planning and policy must proceed while effectuating the intent and purpose while attaining the highest standards. The objectives of the act require that we ensure that adequate facilities are available for use at the time developments are ready for occupancy. That would not occur without amendment of the City's capital facilities element and drainage code and impact fee ordinances. Those requirements are non discretionary. 2.13 This Board has the authority to make binding declaratory rulings and the power to invalidate the City ordinances and development regulations pursuant to and according to Washington Law and 36.70A.280 RCW, and because of the pertinent facts and laws that would be violated by the City of Renton, this board will thence be required, as a matter of law and fact to do so and complete justice by entering an order upon the public record in the favor of the petitioner and his request. III. PARTIES and VENUE 3.1 The petitioner is Brad Nicholson and resides in the City of Renton, and County of King. He has an interest in the successful future of his City, Petition for Review - 10 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lives upon property that is adversely affected by the City actions, and has done so at all times relevant to this petition. His address is 2300 N.E. 28th Street, Renton, Washington 98056. 3.2 Because of such proper standing above, Brad Nicholson may appear and practice before the Central Puget Sound Growth Management Hearings Board in accordance with 242-02-110 WAC and other relevant statutes. 3.3 Again, the City of Renton is a Washington municipal corporation as defined by the Growth Management Act (GMA) and alleges and purports that they are planning under the GMA and 36.70A.040 RCW. The City's actions must be compliant with (GMA) and (SEPA). 3.4 Ordinances adopted by City must fulfill the objectives and purposes of aforementioned statutes and all other relevant provisions of Washington Law and while exercising their powers under the Washington State Constitution. Renton actions to amend plans must be compliant with 82.02 RCW, 36.70 RCW, 39.04 RCW, 90.48 RCW, 58.17 RCW, 42.36 RCW, 36.70A RCW, and 43.21C RCW; and the objectives and purposes of (GMA) and (SEPA) inclusive. 3.5 The respondents, the City of Renton, (City) are in King County. The City Planning and development committee decided the issues that are relevant to this appeal, made their recommendation contrary to law and while sitting in a quasi-judicial capacity. The material facts were unspecified and unaccompanied by determinative findings of fact and conclusions of law fulfilling GMA objectives, and the City Council enacted legislation contrary to the objectives and purposes and of clear and unambiguous sections, and upon improper procedure and arbitrary and capricious and clearly erroneous construction of Washington Law heretofore enumerated and same. The factual Petition for Review - 11 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 findings entered upon the public record were generalized and in reality unsubstantiated conclusions, and unsupported by the required substantial evidence demonstrating compliance with the act; The City acted upon improper procedure and without the required factual justification, without disclosure of the true nature of the proposal, depriving the petitioner and citizenry of the required opportunity to participate in the creation of just comprehensive planning and development regulations and amendments throughout the processes. 3.6 The Proponent plans to divide and rezone the lands that are the subject of this appeal without the actions being subject to further public scrutiny and many of the controls that should be required by actions of this nature under Washington law. The City has a history of unlawfully approving subdivisions without observation of 58.17 RCW, and perpetrates the same design or scheme here in this action. The development agreements that the City and the proponent propose to enter into purport to violate the clear and unambiguous language of 58.17 RCW subdivision regulations requiring public participation and notice, and also, are unguided by the exclusive objectives of the act. 3.7 Unlawful ordinances and regulations unfavorable to Washington law and Renton and Washington citizenry have now then ensued. 3.8 The City of Renton actions are arbitrary or capricious and erroneous according to Washington State Law. The actions taken by the Renton City government were willful, arbitrary, clearly erroneous, and unlawfully taken for the specific purpose of avoiding specific sections of Washington Law. 3.9 Therefore, while the land use decisions and regulations relevant to the above captioned case were made within the jurisdiction of this board and are Petition for Review - 12 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 properly before and within the jurisdiction this board, it is subject to review and invalidation by this board. The City's address is Renton City Hall, 1055 South Grady Way, Renton, Washington, 98056. Counsel for City is Mr. Larry Warren, address: 100 South 2nd, Renton Washington 98055. 3.10 The Proponent for the Comprehensive Plan amendments and development regulation amendments is The Boeing Company. The Boeing Company failed to justify their proposal and satisfy their burden of demonstrating that their proposal fulfills the proper prongs of legal, judicial, and statutory authority and objectives. Counsel for proponent Mr. Galen G. Shuler appeared; representing proponent. His address is 1201 Third Avenue, suite 4800, Seattle Washington 98101. 3.11 The City of Renton Mayor and City Attorney, and Counsel for the proponent have each properly been served this petition. The original and three copies of this petition are presented to this board according to rules promulgated by this board and defined by Washington Administrative Code chapter 242. Affidavits or certificates of service are attached, included, or can be provided hereafter. IV.STATUTORY GROUNDS FOR REVIEW 4.1 The City planning and regulations under chapter discussed herein are not in compliance with the requirements of 82.02 RCW, 36.70 RCW, 36.70A RCW or 90.48 RCW, 42.36 RCW or amendments thereto, or chapter 39.04 RCW, and 43.21C RCW, 58.17 RCW as it relates to plans, development regulations, or amendments thereto, adopted under 36.70A.040 RCW thereto; Petition for Review - 13 Brad Nicholson 2300 N.E.28`5t. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14.2 The City adoption of ordinances and resolution mentioned above are not inj compliance with the Growth Management Act (GMA) and the State Environmental Policy Act, (SEPA) either or both procedurally and substantively. Certain (staff, proponents, and City Council took these actions unilaterally, and without following the collaborative procedural and substantive processes required by the GMA and SEPA. The purported development regulations and amendments were adopted without furtherance of legitimate regulatory objectives, and without being guided by its own comprehensive plan as is required by the Growth Management Act. The Staff and Proponent delineated that such designation was only under consideration, in reality it was specifically for purpose of an unjustifiable rezone undermining objectives of the act. The City's purported new Comprehensive Plan contains particular internal inconsistencies relating to its previously adopted comprehensive plan that circumvent or thwart such plan, and such inconsistencies are not permitted under the specific directives of 36.70A.070 RCW. Regional issues affecting transportation, water quality, industry and its employment, social, economic, constitutional requirements, development readiness at the time of occupancy, unambiguous requirements for fee or tax impositions, and public participation in the subdivision process, among others, would be willfully disregarded. Petitioner raised these issues in the processes leading up to the resolutions and ordinances and development agreements leading up to the issues herein. The Growth Management Act was theretofore not properly observed. A new ordinance purports to operate against the wholesome existing elements of the comprehensive plan and development regulations of the City. The City ordinances regarding impact fee Petition for Review - 14 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mitigation impositions and zoning ignore the plain and unambiguous sections and language of 82.02 and 36.70A RCW and now need to be amended to be compliant with the Growth Management Act. Citizenry thought that there would be a pedestrian friendly and attractive environment in the area proponent intends to surplus, no such amendment to the City plans or codes followed, and insufficient regulations protecting public interest have followed. 4.3 The purported amendments must include the Best Available Science according to 36.70A.172 RCW for purpose of protecting the critical areas adjacent to the site; namely Cedar River and Lake Washington that would be adversely impacted or inadequately protected by redevelopment without use of that best available science. The City's surface water ordinance and development regulations should demonstrate that all practical means and measures to protect water quality will be undertaken and according to 43.21C RCW. 90.48 RCW is of the same subject matter necessary to effectuate the provisions without rendering any provision superfluous and states: "It is declared to be the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish and other aquatic life, and the industrial development of the state, and to that end require the use of all known available and reasonable methods by industries and others to prevent and control the pollution of the waters of the state of Washington". It also states, "Consistent with this policy, the state of Washington will exercise its powers, as fully and as effectively as possible, to retain and Petition for Review - 15 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 secure high quality for all waters of the State". This requirement has not been observed, but rather, an unlawful and repugnant demonstration that the proposal might result in fewer pollutants entering waters of the State of Washington and United States is purported to be substituted for compliance. (see exhibit) The proposal is unaccompanied by demonstration that the intent and purpose of the Clean Water Act (33 U.S.C. Chapter 26 section 1251) articulating the requirement to eliminate pollution is observed. This board should now require the City of Renton to observe the best available science requirement, include the best available science in the administrative record, and adopt a surface water ordinance that would in fact utilize all practicable means and measures and all known methods to protect State waters and environment pursuant to 43.21C RCW (SEPA) and objectives of the GMA. Such practices are preferred and required by law and scientific principles. It is now requested that the City articulate its rationale for departing from the best available science recommendation contained in the environmental impact statement relevant to this appeal. That is determinative substantive information necessary for adjudication of the issues outlined herein. 4.4 City Code (in particular aspects present and future) purport to ignore the plain and unambiguous language of the GMA impact fee statutes and the requirements iterated within this petition and because an amendment is being proposed as a part of these actions, the City of Renton is now required by law to ordain and implement code or regulations in conformity with such legislation and 36.70A.130(b). City actions and decisions were made in disregard of relevant facts and circumstances. A forecast of future transportation needs is a requisite of the act and other sections of law and (Petition for Review - 16 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 administrative rules, and has been omitted, along with other such requirements of the act. 4.5 If the City Amendments, Codes, and regulations at issue in this appeal are not invalidated, they will substantially interfere with the fulfillment of the objectives and purposes of the 36.70 RCW,(GMA) and 43.21C RCW,(SEPA). A declaration of invalidity should now be declared under the authority of 36.70A.302 RCW. 4.6 Because petitioner Brad Nicholson has correctly outlined, detailed, and articulated the substantive and procedural legal issues and according to applicable law and the rules of this board, attaching them herewith and all referred to in this petition along with its material according to Washington Law and the rules of this board, he is now entitled to be heard and his position must be affirmed by this board according to Washington Law in order to produce the single, harmonious body of law outlined in administrative rules pertaining to community, trade, and economic development. WAC 365-195-720 Sources of law. In seeking to identify other relevant legal authorities, planners should refer to sources at all levels of government, including federal and state Constitutions, federal and state statutes, federal and state administrative regulations, and judicial interpretations thereof. WAC 365-195-725 Constitutional provisions. Local plans and regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington State Constitution. (Petition for Review - 17 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4.7 Petitioner briefed the issues and presented them to the City, its Counsel, Counsel for Proponent in a 61 page brief outlining legal authority and argument applicable here. 4.8 Following review and the order declared by this board, all elements of the City's comprehensive plan must be consistent with its adopted comprehensive plan and Washington law in order to be compliant pursuant to 36.70A.070. 4.9 Petitioner's preliminary list of exhibits will follow upon request and according to a schedule established under WAC 242-02 and this Board. All of the exhibits proposed are contained in the record created before the City of Renton in the processes leading up to this petition. 4.10 A designated time and deadline for legal briefing and argument may follow if the City or Proponent would elect to so proceed. This petition should be reviewed and affirmed by this board. 4.11 At the conclusion of these proceedings, petitioner will be entitled to relief and an order in his favor under and according to rules of this board and under Washington law because there is now no material fact at issue in this proceeding that is relevant to a disposition of it and therefore a ruling in favor of this petition should follow as a matter of law. Petition for Review - 18 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 V. AFFIRMATIVE CAUSES OF ACTION 5.1 Count 1; GOVERNMENTAL BREACH OF PUBLIC TRUST: City leadership, and Staff are entrusted to carry out the provisions of the Citizen's comprehensive plan, and are entrusted to perform governmental processes according to public policy requirements. The City government and certain officials defied the comprehensive plan and betrayed citizenry, and while the necessary trust in the process was unlawfully foregone, and will, if not subjected to an order invalidating certain provisions, violate lawful provisions and objectives of the act. 5.2 Count 2; PROPONENT FAILS TO SATISFY BURDEN OF PROOF: The proponent, The Boeing Company, by necessary implication has the burden of demonstrating that the proposal fulfills public interest requirements. The Company objectives are not relevant to these proceedings. Substantial evidence and facts that prove the necessary prongs of public interest were not articulated by the proponent. Actions at issue here constitute arbitrary and capricious spot zone according to judicial interpretations. 5.3 Count 3; Boeing Company seeks rezone for purpose of sale of the land without the proposal being within the morals, health, safety, and general welfare of Renton Citizenry and the exclusive goals of the act. Company representatives did not demonstrate required material fact at the public hearings that were held on the matters that are the subject of this appeal. Petition for Review - 19 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The process deceived the public by hiding the true essence of the proposal until after public comment periods were passed. That proposal is a large scale retail shopping center. Transportation capacity of existing roads and concurrency modeling provided were not for the true proposal and skewed in favor of the proponent. Transportation nightmare that would ensue would be unmitigated and there has been no forecast for improvements that should be made as a result of the direct and cumulative impacts of the proposal through a mandatory capital facilities element. Salmon and clean water and best available science were not incorporated into the purported City amendments. City fee ordinances lack observance of nexus and proportionality limits of United States Constitution. City hearing examiner and Planning commissioner worried for the record that they would be fired if they found facts in favor of the petitioner. Exparte communications occurred every day without public involvement and recordation. 5.4 Count 4; REZONE BARRED BY COLLATERAL ESTOPPEL DOCTRINE: There is a quality of subject matter and parties relevant to this petition that has been adjudicated in prior quasi-judicial administrative proceedings. There is an evidentiary burden upon the proponent to prove that the circumstances surrounding the public's interest and reliance upon its current comprehensive planning have substantially changed since the last time the property was zoned. Proponent has failed to counter this evidentiary test with evidentiary material. Petition for Review - 20 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5.5 Count 5; INCONSISTENT PLANNING AND LACK OF COMMON PURPOSE OPERATES AGAINST SPECIFIC (STATUTORY PROVISIONS: SEPA articulates responsibility to "fulfill the social, economic, and other requirements of present and future generations of Washington citizens", but the ordinances do not carry out those provisions. Objective 5 of the act, among others, would be circumvented by the City determinations and enactments relating to this appeal. Purported ordinances thwart legitimate public purposes. Proponent and respondent litigated to exclude the necessary social, economic, and lawful statutes and judicial interpretations. 5.6 Count 6; NONCONFORMITY WITH THE PLAIN AND UNAMBIGUOUS GMA REQUIREMENTS INTERFERES WITH THE GROWTH MANAGEMENT ACT: City of Renton government knows from prior appeals and experience and State legislative enactments that the impact mitigation codes do not comply with unambiguous sections of law. Petitioner pleas to observe growth management objectives and nexus and proportionality requirements have been deliberately omitted by City government and proponent. Adopted City resolution regarding impact fee ordinances disregards its own language requiring readoption under the growth management act. City and Proponent refused to address justifiable petitioner concerns, and non -discretionary, mandatory compliance with the GMA. 5.7 Count 7; DEFIANCE OF ESA AND BEST AVAILABLE SCIENCE REQUIREMENT: Extremely valuable and important species including Chinook salmon, Steelhead Petition for Review - 21 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trout, and Bull trout (among others) are listed as endangered or threatened and inhabit areas immediately adjacent to the proponent, and should be protected using all practicable means and measures according to legal provisions. The Best Management Practices are necessary to protect their habitat according to the GMA. City amendments unlawfully departed from the science based recommendations made within their impact statement. VI. ASSIGNMENT OF ERRORS 6.1 Petitioner assigns error to all council findings and recommendations and conclusions, and adopted ordinances not specifically articulated as just and lawful within this petition. Error is assigned to Council findings 1, 2, and 3 relevant to this petition. VII. RESPONSE AND TRANSMITTAL OF RECORD 7.1 Petitioner requests that within thirty days of possession of this petition for review, the respondent shall file with the board and serve a copy on the petitioner a response to this petition and an index of and all material used in taking the actions that are the subject of this petition for review and according to the provisions of the Rules properly promulgated by this Board. The response and index should also contain sufficient identifying information to enable unique documents to be distinguishable and the nature of record's factual position to be ascertained. In addition, the written and tape recorded records of the legislative proceedings that created need for this action shall be required to be made available to the petitioner for his inspection and use, all of which are identified in such index according to Petition for Review - 22 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the administrative procedures required by this board under 242-02 WAC and properly presented to this board for review. Petitioner requests that respondent provide a copy of the purported new zoning map. 7.2 The proceedings relevant to this appeal are incomplete at this time. Transmittal of additional material created before the City in these proceedings. VIII. FACTUAL ALLEGATIONS Unjustifiable and Arbitrary and Unlawful Rezone 8.1 Boeing wants the property rezoned and the property is currently designated on the City zoning map as IH or heavy industrial and is delineated on the various exhibits of the environmental impact statement and the record created in the proceedings. City and Proponent failed to demonstrate that the project is guided by legitimate economic objectives of the GMA. The City's adopted comprehensive plan would need to be ignored or reversed in order to accommodate the proposal alternatives and the subsequent rezone and regulations that are requested. The City current, wholesome, and adopted comprehensive plan outline in the Economic Development Element of the plan its objective, (objective ED-C) is to, "Sustain and expand the current industrial and manufacturing (heavy and light) employment base" and along with direction to develop various "strategies" to achieve those goals. Their proposal indicates only that such a legitimate City of Renton objective (especially considering its historical manufacturing and industrial production) would by necessity need to be overlooked and because the zoning for the subject site is proposed to be overlain by an "Urban Center" designation. Petition for Review - 23 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The undisputed goals and loyalty of the proponent belongs exclusively to shareholder value, its own vision, and its own objectives according to the lundisputed facts of record. That is outside the comprehension of the objectives and purposes of the act. City used increased tax revenue and tax base goals to guide their decision, ignoring capacity losses, outside of the act. That too is outside the comprehension of the act. 8.2 36.70A.020 RCW requires and outlines the goals that are to be used exclusively to guide the development and adoption of comprehensive plans. The purported comprehensive plan and zoning amendment ignores it. The City Staff has not performed the actions required by sections of Washington law. It is inconsistent with its own comprehensive plan and current zoning designations surrounding the area. The Boeing Company is guided by profit and its own interests, and has ignored and is not guided by GMA objectives. It agreed with that accusation through its silence and its inability to proffer evidence within the acceptable prongs of jurisprudence. This proposal and purported zoning has been created outside of the objectives of the GMA. 8.3 36.70A.070 RCW requires as mandatory that the City comprehensive plan "shall be an internally consistent document and all elements shall be consistent with the future land use map" There is no way that such internal consistency can be achieved unless the proposal and purported adoption of it includes an abrupt and severe change of direction in the City Comprehensive Plans including provisions that presently, even as we review, provides land area designations intended to fulfill social, economic, and other requirements of citizenry according to the act. Petition for Review - 24 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8.4 There are close to 13,000 employees presently employed in manufacturing and industrial jobs on or around the subject site. Historically, it could accommodate many more. That site has produced more commercial aircraft than any other site in the world. Renton workers are very productive and continue to be. The capacity for many more jobs would be lost if these purported amendments are permitted to stand. 8.5 The property in question should be regulated to sustain and expand the City's industrial and manufacturing employment base. It is clear that the City is guided not by The Growth Management Act or its own comprehensive plan, but by other unauthorized objectives. The proposal is made, according to the EIS documents and city documents, in order to benefit the proponent stockholder value and their objectives, and to increase City portion of sales tax revenue. They refuse to discuss economic impacts upon ordinary citizens. 8.6 In virtually all of the documents, and throughout the environmental impact statement, the company reiterates; there are no preferred or specific proposals for development, the Company does not intend to discontinue its present operations, and that the proposal represents a potential for a broad range of uses. It has only been suspect that the proposal is specifically for purpose of a quickly profitable rezone. There is no need to rezone the subject property at this time if there are no plans in place to change its use. There is presently a successful and productive commercial airplane factory in operation at the site. Profits gained from operation of the site enabled proponent to diversify its company into a "global enterprise" while purchasing other manufacturers such as McDonnell Douglas, Hughes, Rockwell, and others. High production rates and profitability are still being reported Petition for Review - 25 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 even in the midst of the biggest downturn in aviation history. The 737 aircraft is the best selling aircraft in commercial aviation history and even as this petition is read, it continues at a very high volume rate. Possibilities for gaining more high value business exist for its future. To reiterate, proponent has no plans to change its use for the foreseeable future. Petitioner briefed the need for discussion and compliance with laws and rules in a 61 page brief, but to no avail, because the proposal still proceeds while being unjustified by substantial evidence. 8.7 It is important to note that 36.70A.030 RCW (7) precisely defines the term "development regulations", and as follows: "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto". 8.8 Therefore, a proposal for a rezone is a proposal for a development regulation and such a proposal is defined as a development regulation by Washington Law. Impact fee and surface water ordinances and regulations also are within this definition. 8.9 36.70A.280 RCW delineates the matters that are the subject of board review; 36.70A.280(1) reads: A growth management hearings board shall hear and determine those petitions alleging either: (b) is in compliance with the requirements of this chapter; 8.10 Because there is no legal presumption of validity concerning the adoption of zoning ordinances according to Washington law request for this Petition for Review - 26 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 board to take notice of the proponent's burden of proof is now properly and officially requested pursuant to WAC 242-02. 8.11 The Proponent and the City worked together to circumvent the primary prongs of established and well recognized zoning rule: That such a rezone must demonstrate that circumstances have substantially changed and that the rezone is made for purpose of the health, safety, general welfare and morals of the Citizens of the City and State. In any case, the purported enactments of Renton do not satisfy such a requirement. 8.12 36.70A.040 RCW summarizes the requirements of, and who must plan under the growth management act. The City of Renton falls under this section and therefore a rezoning ordinance is proper subject matter for review by this board. 8.13 Zoning and Comprehensive planning and development regulations, like the public morals and general welfare, have lines (laws) delineating their limits, and the overlay and proposals and these unjust regulations cannot be harmonized with such legitimate ethical and moral, legal, statutory, judicial, and Constitutional limits. 8.14 Because the quasi-judicial administrative record that has been created is without and lacking any specific facts demonstrating how the public economic interest justify a rezone, a remand for reversal and invalidation of the purported City ordinances is warranted. City and proponent together litigated and argued that social, economic, and other requirements of citizens need not be discussed in this process. Therefore no evidence exists indicating substantial evidence supporting justification for the rezone exists. Under this additional circumstance, the rezone should be declared to Petition for Review - 27 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be invalid. This should be automatic and is the fundamental rule of zoning. There has been no change of use of the proponent property in district 2, no change is envisioned, and therefore a rezone in that area is especially Iunlawful. 8.15 As a matter of fact, substantial evidence indicating that the purported ordinances were enacted while the quantum of existing evidence necessary for persuasion only tends to prove that the analysis is deceptive. Over a year thereafter expressed further inconsistent facts by resolution. Washington State Legislature offered the proponent multi -Billions of dollars in State tax value as an incentive to continue to do industrial business of the type at issue here over a period of years. ((Renton staff and officials have been encouraging proponent to rezone,) (the largest and most prestigious aerospace company in the world)). That State legislation was enacted as law and expresses the morals and ethical principles of Washington Citizens, and they have expressed it with lots of money. It is not the duty of the respondent Brad Nicholson to bear the burden of making such a demonstration. 8.16 Again, a demonstration of current state of the heart, mind, inner conviction, economic and social values and perception of justice and prudence and facts of social, economic, and other requirements of present and future generations of Renton citizenry is required and has not been proven by the proponent. That is grounds for invalidation of the zoning ordinances here at issue. Unlawful and Unconstitutional Impact fee ordinances do not comply with the unambiguous language of the Growth Management Act. 8.17 The traffic impact mitigation fees that are currently being imposed by Petition for Review - 28 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the City of Renton are purported to be under SEPA from Ordinance 3100 adopted by the City in 1994 (copies attached). The State Statutes that these ordinances do not comply with were adopted shortly thereafter. 8.18 The City has failed to follow the provisions of its own ordinance, which required under Section IV. Precisely stating: "The traffic impact mitigation fee will be readopted as a fee under the Growth Management Act and reviewed ueriodically thereafter." 8.19 The City has adopted its GMA comprehensive plan amendments and implementing measures that have failed to provide compliance for the transportation and fire impact mitigation fees as growth management fees. Neither has the City periodically reviewed the fees thereafter. Eight years after adoption of Ordinance 3100 and over ten years after resolution 2913, the City has failed to meet the provisions of its own ordinances. Further, this ordinance requires under Section III that: "This fee applies to all new development that is subject to SEPA review." 8.20 The fire mitigation fee currently employed by the City requires an automatic universal contribution and without the required language and provisions of 82.02 RCW. 8.21 Under 82.02.050(4) RCW, City of Renton is subject to both the requirements of 36.70A.070 and its comprehensive planning under 36.70 RCW, and the pertinent requirements of 82.02.050 RCW thru 82.02.090 RCW inclusive. 8.22 Under the above requirements and in order to observe the clear and unambiguous intent of the legislation, the City comprehensive plan must respect the provisions of 82.02.020 RCW that states: Except as provided in RCW 82.02.050 through 82.02.090, "No county, city, town, or other municipal Petition for Review - 29 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land". 8.23 There are other related mandates including and outlined in the statutes RCW 82.02.050(1)RCW that states: It is the intent of the legislature: (a) To ensure that adequate facilities are available to serve new growth and development; (b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; 8.24 All of the impact fee requirements and plans and regulations should observe our Constitutional nexus and proportionality requirements. While Planning under 36.70A.040, the City of Renton must create impact fee ordinances compliant with 82.02 RCW and GMA, and such fees are a requirement of the GMA. There must be no fee, when there is no special benefit conferred that is not required of the public at large, and when the fee is not imposed in furtherance of legitimate governmental objectives that are the same as those that would be advanced as justifications for prohibiting the use. To be sure, only a voluntary agreement that is reasonable imposed to mitigate the direct impact from the project is permitted, and that requires an articulation of the identity of the specific improvement that must be made as a result of the direct impact of the development. Petition for Review - 30 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 III 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18.25 Again, because the City purports to amend its comprehensive plan and development regulations, it must now become compliant with 36.70 RCW and 82.02 RCW by adopting impact fee ordinances compliant with Washington Law. An amendment to its capital facilities element is mandatory under the specific (sections of the act. That action has not been performed. Surface water ordinance is outdated and City ignores best available science requirement and causing harm to species listed as endangered 8.25 36.70A.172 requires the Best Available Science to be used when protecting critical areas. The rezone and regulations that are proposed border areas critical to salmon and citizens. Habitat for spawning and rearing for valuable Native Steelhead Trout, Chinook Salmon, Coho Salmon, Sockeye Salmon, Dolly Varden, Bull Trout, Lake Washington Cutthroat, and Rainbow and Cutthroat trout (Lake Washington/Sammamish Kokanee need not be mentioned because they are already extinct) are distinct and listed as "threatened" or "endangered" by the ESA, (Endangered Species Act) and are located in or around the subject site. 8.26 Petitioner requested code and comprehensive plan amendments in order to observe the best available science. The impact statement performed recommended that the Ecology manual be adopted. In the context of this request, this should mean that the best available scientific engineering available regarding storm water entering lake Washington and Cedar River must be used to inform the related comprehensive planning and public policy decisions and regulations and be contained in the record. City did not make an official finding of fact or conclusion of law regarding the best available science. Petitioner offered scientific information on the subject but it was Petition for Review - 31 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not properly considered. As a matter of fact, one of the Commissioners mingled in the audience area and stated exactly "that would cost too much". That finding was clearly erroneous. For one, even if it was analyzed in terms of initial costs, it is untrue. The benefits of science far outweigh any negatives when viewed from the perspective of the entire record as submitted and the property might be used for scientific research and manufacturing. 8.27 The City of Renton current code is as follows: 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS The drainage plan shall be prepared in conformance with the Core and Special Requirements contained in sections 1.2 and 1.3 of chapter 1, the hydrologic analysis methods contained in chapter 3, the hydraulic analysis and design criteria in chapter 4, and the erosion/sedimentation control plan and practices contained in chapter 5 of the 1990 King County Surface Water Design Manual, except where amended or appended by the Department. 8.28 Again, because 36.70A.130(1)(b) RCW states: "Any amendment of or revision to a comprehensive land use plan shall conform to this chapter". "Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan"; The City of Renton Code must use the best available science to protect this critical area. The above code except is one example of sections that are in need of revision, or in the alternate, articulation of the reasonable basis for departure from such a recommendation contained within the record. 8.29 No evidence was offered to indicate that the proposal purports to reduce pollution discharges to the maximum extent practicable. 8.30 Large amounts of Nitrogen, Phosphorus, Heavy metals, and oil related Petition for Review - 32 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 toxic substances are generated through asphalt paving, vehicles and will cause environmental and aquatic degradation to habitat necessary for the survival of valuable species. 8.31 Without sound scientific regulatory controls, a broad understanding of scientific information, performing rigorous empirical observations, and leading to sound interpretations and regulations, the ESA best available science requirement articulated in the relevant Growth Management Act would not occur. There is no legitimate reason why the Ecology Manual should not be adopted in order to reduce pollution discharges to the maximum extent practicable and while protecting the very valuable and vulnerable species that will likely be harmed to a great degree by the proposal. That is what was recommended with the impact statement performed for their proposal. The best engineering and science to protect them is necessary. Any departure from those requirements must be justified with substantive evidence and rational, sound, engineering and scientific fact. That justification is not present in the administrative record leading up to this appeal. IX. STATEMENT OF ISSUES ILEGAL ISSUE NUMBER 1: Can the City Rezone the Subject property and while the only justification that has been provided indicates that it would benefit only the proponent and sales tax revenue, while its own comprehensive plan provisions indicate a requirement to sustain and expand the current industrial and manufacturing employment base? LEGAL ISSUE NUMBER 2: Petition for Review - 33 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is it not Arbitrary and Capricious and Clearly erroneous to proceed with a rezone in this case and when the proponent has utterly failed to prove that the condition of the public morals has changed at all since the last time the property was zoned and argues to exclude substantive evidence and when in fact there is no rational public interest justification for the general economic welfare therefore constituting defiance of the Growth Management Act? LEGAL ISSUE NUMBER 3: Can the City or the proponent show that industry and manufacturing are no longer desirable to Renton and Washington citizens and amend its zoning map and when approximately 13,000 people are presently employed at Boeing, and when the state has now offered the Company over three billion dollars and more in state tax value as an incentive to continue to do business in this state? LEGAL ISSUE NUMBER 4: Can a rezone and map amendment that would allow a large shopping center and condominiums proceed to replace industry and manufacturing and when the proponent has expressed no plans to terminate their present operations, be allowed under the Growth Management Act and the city comprehensive plan? LEGAL ISSUE NUMBER 5: Can the subject property be rezoned and when there has been no specific articulation as to the condition and details as to how the proposal furthers a maximum economy pursuant to the public safety, health, morals and general welfare or the objectives for economic development? LEGAL ISSUE NUMBER 6: Petition for Review - 34 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Can the City council approve a rezone on the Boeing Consolidated operations portion of the subject site and when it has been specifically stated that there are no plans to change the use of the site for the foreseeable future and that the application was made only for the purpose of consideration and when there has been no expression of the need to perform the planning in accordance with the Growth Management Act and its objectives? LEGAL ISSUE NUMBER 7: Can the City amend and proceed with a code and development regulations change and when their own code requires impact fee statutes to be readopted as Growth Management fees and when the existing code ignores the plain and unambiguous language of RCW 82.02 and 36.70A.070 RCW? LEGAL ISSUE NUMBER 8: Can the City amend its code and development regulations and for the purpose of a converting industrial manufacturing to large retail shopping center and condominiums while alleging that there would be less pollution generated from vehicles and asphalt using the 1990 King County Manual in lieu of maximum extent practicable and best available science regulations and while conveying storm water into Lake Washington and when there are so many sensitive and endangered species immediately adjacent to the subject site and when they have not expressed the rationale for their departure from the science based recommendation contained within the record created before them? LEGAL ISSUE NUMBER 9: Can the City proceed without using Best Management Practices contained in the Ecology manual and when there are no factual findings contained in the official record indicating that the City intends to protect habitat for Petition for Review - 35 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 endangered salmon utilizing best management practices or substantive evidence justifying their departure from best available science requirements? LEGAL ISSUE NUMBER 10: Can the City Hearing Examiner order, and Proponent and Respondent argue and litigate to exclude evidence of social and economic and other consequences and then still not be subject to an order of invalidation and when it has therefore not demonstrated compliance with objective number 5 and other objectives of the act? LEGAL ISSUE NUMBER 11: Are the Zoning ordinances listed above consistent with and do they implement the City economic development element objective as is required by the act without requiring that the City sustain and expand the current manufacturing and industrial employment base and if not should they be invalidated because they do not implement such comprehensive plan provisions? LEGAL ISSUE NUMBER 12: Is the City comprehensive plan an internally consistent document as is required by the act if the map amendments are included into the plans and development regulations? LEGAL ISSUE NUMBER 13: Are these ordinances, zoning, development regulations, new zoning map, and identified issues articulated herein compliant and guided by the exclusive goals and objectives of the Growth Management Act and SEPA, with particularity the environmental objective 10, economic objective 5, and the public participation objective and without inclusion of legal justification for departing from the legal requirements articulated in the attached exhibit Petition for Review - 36 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 originating as a motion to the City Hearing examiner or described in the record or this petition? X. AUTHORITY AND ARGUMENT 110.1 (Reserved for hearing and argument on merits) XI. RELIEF AND ORDER REQUESTED 11.1 Having fully set forth the required elements for a Petition for Review and justification for an order of invalidity before this board, Petitioner Brad Nicholson prays for and respectfully requests the following relief: 11.2 A determination that this petition is complete and appropriate according to legal procedure and Washington Law and code. 11.3 That upon receipt of this Petition, the Board schedule and hold hearings and accept and rule upon these issues in favor of the petitioner and his request. 11.4 Petitioner requests that respondents respond to this petition for review and requests within the time limits prescribed by this board or the rules of civil procedure prescribed by this board. 11.5 That leave to complete the city proceedings prior to establishing a schedule be ordered, along with the continued right to amend this petition thereto; 11.6 That thence a schedule and calendar be created establishing deadlines for the submittal of motions and legal arguments and briefings, and the dates for hearing of same or according to Washington Administrative Code 242-02 or according to the rules properly and fairly promulgated by this Board. Petition for Review - 37 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11.7 That a date deadline be established for the presentation of preliminary exhibits and pre -hearing briefs and petitioner be notified of same. 11.8 That following the hearings held for purpose of fulfillment of the intent and purpose of and specific sections of the laws of the State of Washington, and upon the conclusion of these issues, and after lawful review, this Board issue a final order finding that the City ordinances, regulations,' zoning, and codes articulated here and at issue are not in compliance with the requirements of the Growth Management Act, its amendments, the State Environmental Policy Act, its amendments, and are therefore declared invalid. 11.9 That this board issue an order requiring the City of Renton to observe the intent and purpose and specific requirements of Washington Law and all articulated and according to petitioners request with regard to those issues stated herein and herewith. 11.10 A finding by the board that the issues enumerated herewith are concluded in the favor of the petitioner Brad Nicholson in these proceedings. 11.10 For all such other and further relief that the Board determines are necessary to fulfill the objectives and purposes and is appropriate and just and which is within the jurisdiction of the Board to so order. XII. EXHIBITS AND ATTACHMENTS 1) City minutes of adoption of ordinances. 2) Recent Hearing Examiner order. 3) 61 page motion and brief of petitioner to City Hearing Examiner. 4) Copy of City Comprehensive plan economic development element. 5) Although not provided at this time, petitioner expects to use all of the Petition for Review - 38 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 public information created in this action, Renton Code and ordinances; Revi Code Washington; Judicial interpretations and court decisions thereto; Washington Administrative code; Federal and State Constitutions and regulations and interpretations thereto; and agency and board decisions thereto; A copy of the purported zoning map. XIII. Requirements 13.1 Petitioner believes that the initial hearing upon these matters will consume approximately one half day up to possibly one day of the Board's time. Total time taken is more. Opportunity for petitioner rebuttal is now therefore requested and will consume additional time. This is a very important appeal and it may consume a number of days of the boards time. Such estimate is being offered with regard to the requirement of chapter 242 WAC. Petitioner believes that further time will be requested for motions, further requests, amendments, and/or arguments. Petition for Review - 39 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13.2 Wherefore, petitioner Brad Nicholson solemnly and respectfully makes this request upon his honest and true belief that the contents and facts and issues described herein are true, correct, right and just according to Washington Laws and to the best of his ability in accordance with WAC 242. Dated this 6th day of September, 2003 Respectfully, Brad Nicholson 2300 N.E.28th Street Renton, Washington 98056 C:\My Documents\Boeing Comprehensive Plan Amendment \A. petition for review.doc Petition for Review - 40 Brad Nicholson 2300 N.E.28`St. Renton, Wa. 98056 CITY OF RENTON ECONOM-1 DEVELOPMENT ELEMENT Policy ED-12. Create a tool box of incentives, for example, retail overlay zone, tax increment financing, marketing etc. to encourage retail development. Policy ED-14. Evaluate the need for expansion of commercial land uses in the context of the City's desire to protect residential land uses. Policy ED-13. Create incentives, for example, overlay zone, tax increment financing, marketing to encourage office development. Objective ED-C: Sustain and expand the current industrial and manufacturing (heavy and light) employment base. Policy ED-15. Develop strategies to attract manufacturing and industrial jobs. Policy ED-16. Work with private property owners and governmental agencies to remedy contaminated sites and prepare the sites for redevelopment. Policy ED-17. Work with industrial and manufacturing employers within the City to expand, redevelop and modernize their physical plants. Objective ED-D: Provide incentives for Downtown Economic Development. Policy ED-18. Retain existing and attract new businesses that generate consumer oriented commercial activity. Policy ED-19. Aggressively market downtown as a place to live, shop and do business. Policy ED-20. Achieve a reasonable balance between parking supply and parking demand. Policy ED-21. Develop a downtown parking strategy that provides incentives for downtown business and retail development. Objective ED-E: Ensure a healthier regional economy. Policy ED-22. Influence local and regional economic development efforts. V11-3 \member 24, 2003) Renton City C uunril tilinutcs Pagc 426 MOVED BY KE:OL.KE.R-WI-IEELER, SLUONDED BY C'L.AWSON, COUNCIL APPROVE THE. CONSENT AGENDA AS AMENDED TO REMOVE. ITEM 6.-. FOR SEPARATE' CONSIDERATION. CARRIED. Separate Consideration IInance and Inti)rmation Services Department requesteCI approval of an Item 6.1!• 01,dinance establi.;hinu admission fees for the Henry Moses Aquatic ('enter. Community Seri Ices: Henry Counci Iman Corman noted that the tees range From S3 to $12, with reduced fees Moses Aquatic Center Eces of S3 or $4 for lap swings. He questioned whether there would be a different fee structure for people who are only going to watch their children swim, and he asked staff to review that possibility. MOVED 13Y C ()RMAN. SECONDED BY PARKER. COUNCIL RULER CONSL:NT AGENDA ITEM 6.g. TO COMMITTFE_OF' THE WHOLE. CARRIED. CORRESPONDENCE Correspondence was read li'orll Eric Cameron, Planning Commission Vice Chair, Citizen Comment: Cameron 55 Williams Ave. S., #308, Renton, 98055, requestin.1 II1CILIS1011 of thvo Motions Boeing Renton Site FIIS approved by the Planning Commission on November 19, 2003, into the final rezone documents regarding the Boeing property rezone. -rile lira restricts big - box retail development south of N. 8th St. in District 1, and the second incorporates only the retail sales category west of Park Ave. N. and north of N. 8th St. in District 1. Additionally, Mr. Cameron expressed concern that the current standards for this rezone inCILide very little definition and standards related to signage, pedestrian -oriented standards, builchng materials and landscaping. Citizen Comment: Berkholtz - Correspondence was read from Karin Berkholtz, Washington State Department (CTED), Boeing Renton Site of Community, Trade and Economic Development (CTED), PO Box 42525, EiS Olympia, 98504, regarding the Boeing Environmental Impact Statement and Comprehensive Plan amendments. The letter detailed what CTED liked about the documents, and also offered suggestions for strengthening the Comprehensive Plan and development regulation anlendnlents. OLD BUSINESS Council President Keolker-Wheeler presented a report regarding the application Committee of the Whole (2003-M-Ii) for The Boeing Company Renton plant site land UtiC Illap Planning: Boeing Renton Site amendment: land use element text altiendment: concurrent rezoning and EIS development standards, including parking standards, site development plan review, design guidelines; and two new zone designations - the Urban Center - North l and Urban Center -North 2, and the application (2003-M-05) for the Fr_v's Electronics 2003 Comprehensive Plan amendment and rezone. The Committee Illet lllollthly thl'oughout 2003 and weekly during October and November to review these Comprehensive Plan amendments and associated rezones, and zoning text amendments. The Committee recommended approval of the applications subject to the following findings as documented in the staff reported dated November 17, 2003, for the Boeing application, and October 31, 2003, for the Fry's application. Findings: 1. The proposed amendments meet Section 4-9-020G, Review Criteria, in Renton Municipal Code Title IV (Development Regulations). The proposals support criteria I relating to the vision in the adopted Comprehensive Plan by providing further policy direction to implement the City's Urban Center. The i\o\ ember 24. 2003 Renton City Council Minutes Page 427 proposal also meets adopted Business Plan Goal I "To promote citywide economic development," by providing additional employment capacity to diversilw the employment base. The proposal also provides a policy basis to transition industrial properties to their highest and best use, and facilitates quality development otwaterfront land. 2. The property is potentially classitied for the proposed zone being requested pursuant to the policies set for the Comprehensive Plan, and the subject reclassitication was not specifically considered at the time ofthe last area land use analysis and area zoning. As a result ol'i-c-1 nal changes In the manutacturin-1 sector and decisions made by Boeing to consolidate operations on a portion ottheir plan site (District 2 within the new land use designation). land areas tormerly used for parking and operations to support manufacturing ofairplanes are no longer used for this purpose. This changed circumstance has created the opportunity for the City to review land use in the North Renton area, including properties owned by Boeing and other privately owned parcels in the immediate vicinity to determine the policy direction for IiIture use and development in ways that were not previously analyzed. Recommendations: Adoption ota Comprehensive Plan land use map amendment redesignating the 310-acre study area to Urban Center -North. This action includes Boeing North Renton plant, Puget Sound Energy property, FrI Electronics property, and several small private businesses along Park Ave. N., including the Wendall. Wiemeyer, and Burlington Northern Santa Fe Railroad properties. 2. Adoption of a new Comprehensive Plan designation, as recommended by the Planning Commission in the draft dated November 13, 2003. The text amendment sets forth vision, objectives and policies for the Urban Center - North, and each of its districts. The existing Center Downtown designation is redesignated Urban Center - Downtown. Amendments also update and clarify general Centers policies to be consistent with the new designations, and repeal the Employment Center - Transition policies. 3. Amend the official zoning map of the City to change the classification of property in the Urban Center -North. Property in the area bordered by the Cedar River to Logan Ave. N., and Lake Washington will be in the Urban Center -North 2 (UC-N 2) zone. Property in the area bordered by the Cedar River on the south, Garden Ave. N., N. 5th St., and N. 6th St. will be in the Urban Center -North I (UC-N 1) zone. 4. Adopt zoning text amendments to create two new zone districts, including use tables and notes, and development standards tables and notes. 5. Adopt parking code amendments to address parking needs in the UC-N I and UC-N 2 zones, and amend standards for shared parking and off -site parking requirements. 6. Amend existing site plan regulations to detine applicability for development in the UC-N 1 and UC-N 2 zones, establish the name of the process as "Site Development Plan," and change references fi-om Site Plan Level f and Site Plan Level 11 to Master Plan and Site Plan throughout Renton Municipal Code Title IV. November 24, 20W Renton City Council IVlinutes Page 428 7. Make amendments to definitions in Renton Municipal Code Title iV. ti. Amend existin"I urban center design overlay standards and Guidelines to establish a new District C, encompassing the Urban Center -North. Provide juidance to accomplish quality urban scale development, define pedestrian streets, and achieve uateway entry textures into the redevelopment area.* Responding to Council President Keolker-Wheeler's inquiry, City Attorney Larry Warren confirmed that the recent Planning Commission recommendations were included in the r&,ted ordinances. *MOVED BY KEOLKER-WHEELER. SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See pages 432 to 435 for ordinances.) Planning & Development Planning and Development Committee Chair Bricrc presented a report regarding Committee the 2003 Comprehensive Plan amendments and rezones. The Committee met on Comprehensive Plan: 2003 October 30, November 6, and November 13. 2003, to consider the Amendments recommendation of the Planning Commission for the 2003 Comprehensive Plan amendments and rezones. The Committee recommended approval of the Planning Commission's recommendations with modifications, as appropriate, as shown on the matrix entitled "Attachment A - 2003 Comprehensive Plan Amendments" dated November 24, 2003, listed as follows: 2003-M-1 — City of Renton applicant; S. Talbot Rd. and S. 43rd St. (WSDOT) 2003-M-2 — City of Renton applicant; King County Public Health Department: NE 41h St. (on hold until 2004 amendment cycle) 2003-M-3 -- City of Renton applicant, I-405/Cedar River Trail (WSDOT); on hold until 2004 amendment cycle 2003-M-4 — City of Renton applicant; East Renton Plateau 2003-M-5 City of Renton applicant; Fry's Electronics 2003-M-6 City of Renton applicant (withdrawn) 2003-Ni-7 City of Renton applicant (holdover - 2004 update) 2003-M-8 City of Renton applicant; SR 900 LLC (Merlino) 2003-M-9 — .iDA Group LLC applicant; Rainier Ave. N. 2003-M-10 - .IDA Group LLC applicant; NW 5th St. 2003-M-1 I — JDA Group LLC applicant (on hold until 2004 amendment cycle) 2003-M-12 - James Dalpay applicant; NE 12th St 2003-M-14 — Liberty Ridge LLC (Tydico) 2003-T-3 — The Boeing Company applicant (on hold until 2004 amendment cycle) MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See pages 432, 435 & 436 for Nm cmbcr 24, 2003 Renton City C'ou11ci1 \Iinutes Page 432 general fitnd cannot be put into the utility fund to pay for capital improvement projects. Council President Keolker-Wheel er acknowledged the importance of billy lundinI the utilities, and expressed her support to raise the rates in a nominal amount this vcar. Mayor Tanner confirmed that the City \vill not have to defer a single project if the rate increase is not approved: however, a larger rate increase will be necessary next year. He stated that although he is not proposing a rate increase, he is not opposed to one. ]n response to Councilwoman Nelson's inquiry regarding the dollar amount of the increase, Mr. Zimmerman stated that the average residential customer would see an increase of approximately one dollar per month. 'ROLL CALL: FOUR AYES: KEOLKER-WTIEELER, BRIERS, NELSON, CLAWSON, THREE NAYS: PARKER, PERSSON, CORMAN. MOTION CARRIED. (See page 435 for ordinance.) ORDINANCES AND The t'ollowin-, ordinances were presented for first reading and advanced lot - RESOLUTIONS second and final readlll": Comprehensive Plan: 2003 Ail ordinance was read adopting, the 200 3 amendments to the C'Ity's 1995 Amendments Comprehensive Plan, Illaps, and data In C0111LI1101011 therewith, and declaring an emergency. MOVED BY BRIERS, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5026 Following second and final reading of the above ordinance, it was MOVED BY Comprehensive Plan: 2003 BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE Amendments ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Planning: Urban Center -North An ordinance was read amending Chapter 2, Zoning Districts - Uses and Zoning Designations Standards, of Title IV (Development Regulations) of City Code to add the Urban Center -North zoning designations, and declaring an emergency. MOVED BY BRIERS, SECONDED BY NELSON, COUNCIL ADVANCE TILE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5027 Following second and final reading of the above ordinance, it was MOVED BY Planning: Urban Center -North BRIERS, SECONDED BY CLAWSON. COUNCIL ADOPT THE; Zoning Designations ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Plannln-: Urban Centel' -North An ordinance was read amending Chapter 1, Administration and Fril'orcernent; Zoning, Addition to Processes Chapter 2, Zoning Districts - Uses and Standards; Chapter 3, Environmental & Procedures Regulations and Overlay Districts; Chapter 8, Permits and Decisions; Chapter 9, Procedures and Review Criteria; and Chapter 11, Definitions; of Title IV (Development Regulations) of City Code by adding regulations implementing the Urban Center -North zoning to Citywide processes and procedures, and updating names of City site plan processes, and declaring an emergency. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5028 Following second and final reacting of the above ordinance, it was MOVED BY Planning: Urban Center -North CORMAN, SECONDED BY NELSON, COUNCIL ADOPT THE Zoning, Addition to Processes ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. No\emher 24, 100; Itt:nton UM Council \llllutil Page 433 & Procedures Planning: Urban Center -North, An ordinance was read amending Chapter 3, l:nvironmcntal Re"ulations and Airport & Design Ovcrlav Overlav Districts, of Itle IV (Development Rely ulations) ol'C'ity Code revising Airport related height and use NVUlations and urban center design overlay regulations tier de\elopmertt Hi the Utban Center -North, and declaring an emcrL,encv. MOVED BY BRIERE. SECONDED BY CL.AWSON, C'OUNC'IL ADVANCI-. Fill-. ORDINANC'L FOR SECOND AND FINAL. READING. CARRIED. Ordinance #5029 Followin- second and final readin;u, ol'the above ordinance, it was MOVED 13Y Planning: Urban Center -North, BRIERS, SECONDED BY ('LAWSON, COUNCI1. ADO) P F 'HIF Airport & Design (herlay ORDINANCE. AS READ. ROLL CA1.1.: AI.I. AYES. CARRIED. Planning: Urban Ccmer-North, An ordinance was read amendinu, Section 4-4-080, Parking, Loading, and Parkin,, Standards Driveway Re. ilations, ofC'hapter 4, Citywide Property Development Standards, of Title IV (Development Regulations) ofC'ity Code by creating parking standards for development in Urban ('enter -North, and declaring an emergency. MOVED BY BRIERE, SI1('0NDI:D BY C'ORMAN, C'UUNCIL ADVANCE: THE. ORDINANCE: FOR SECOND AND FINAL RFADING. CARRIED. Ordinance #5030 Following second and final reading of the above ordinance, it was MOVED I3Y Planning: Urban Center -North, BRIERS. Sl:.('ONl)l-:D BY CLAWSON, 0)UNCIL ADOPT TIIF Parking Standards ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Rezone BNSF Railroad An ordinance was read changing the zoning classification of property consisting Property, Logan Ave N, IL to of 2.78 acres located at Logan Ave. N, and N. 6th St. from Light Industrial (IL) UC-N I (R-02-14 I) to Urban Center -North I (L,!('-N 1) zoning, and declaring an emergency; R-02- 141 (Burlington Northern Santa Fe Railroad). MOVED BY BRIERE, SECONDED BY CL.AWSON, COUNCIL. ADVANCF. THE ORDINANCE FOR SECOND AND FINAL. READING. C'ARRII'D. Ordinance #5031 Following second and final reading ofthe above ordinance. it was MOVED BY Rezone: BNSF Railroad BRIERE, SECONDED BY CL.AWSON, COUNCIL. ADOPT THE Property, I.ogan Ave N. IL. to ORDINANCE AS REAL). ROLL CALL: AL-1. AYES. CARRIED. UC-N 1 (R-02-141 ) Rezone: Boeing Property, Park An ordinance was read chan-ing the zoning classification ofproperty consisting Ave N, C'O to UC-N I (R-02- of 13.77 acres located on Park Ave. N.. between N. 5th St. and N. 8th St. fi-om 141) Commercial Office (CO) to Urban Center -North I (UC-N 1) zoning, and declaring an emergency; R-02-141 (Boeing). MOVED BY BRIERE, SECONDED BY CLAWSON. COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING, CARRIED. Ordinance #5032 Following second and final reading of the above ordinance, it was MOVED BY Rezone: Boeing Property, Park BRIERE, SECONDED BY CI.AWSON, COUNCIL. ADOPT THE Ave N, CO to UC-N I (R-02- ORDINANCE AS READ. ROLL. CALL: ALL AYES. CARRIED. 141 ) Rezone: Boeing Property, N An ordinance was read changing the zoning classification of property consisting 6th St, Ill to UC-N I (R-02- of' 89.85 acres located north of N. 6th St., between Logan Ave. N. and Garden 141) Ave. N. from Heavy Industrial (IH) to Urban Center -North I (UC-N 1) zoning, and declaring an emer-ency: R-02-141 (Boeing). MOVED BY BRIERE, SECONDED BY CL.AWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. November 24. 2001 RCnton CON CUU1161 I'Vlinutcs Page 434 Ordinance #5033 Rezone: Boeing Property, N 6th St, IH to UC-N 1 (R-02- 141) Rezone: Boeing Property. Logan Ave N. III to UC-N 2 (R-02-141) Following second and final readin, ofthe above ordinance. it was MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. An ordinance was read chan-in.! the zoning classification ofproperty consisting off 54.47 acres located between Lake Washington on the north, Nishiwaki Lane on the west, and Logan Ave. N. on the east from I leavy Industrial (111) to Urban Center -North 2 (UC-N 2) zonin" and declaring an emergency; R-02-141 (Boeing). MOVED BY BRIERE. SECONDED BY CLAWSON, COUNCIL ADVANCE TI-IF: ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5034 Following second and final reading of the above ordinance, it was MOVED BY Rezone: Boeing Property, BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT TI IE Logan Ave N, IH to UC-N 2 ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. (R-02-141) Rezone: Wendell Property, An ordinance was read changing the zoning classitication of property consisting Park Ave N, CO to UC-N I of0.57 acres located at Park Ave. N. and N. 6th St. from Commercial Office (R-02-141) (CO) to Urban Center -North I (UC-N 1) zoning, and declaring an emergency; R- 02-141 (Wendell). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE TI IE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5035 Following second and final reading ofthe above ordinance, it was MOVED BY Rezone: Wendell Property, BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE Park Ave N, CO to UC-N I ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. (R-02-141) Rezone: Wiemeycr Property, N An ordinance was read changing the zoning classification ofproperty consisting 5th St, CO to UC-N I (R-02- of0.40 acres located at N. 5th St. and Garden Ave. N. fi-onn Commercial Office 141) (CO) to Urban Center -North I (UC-N 1) zoning, and declaring an emergency; R- 02-141 (Wiennever). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE TI-IF ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5036 Following, second and final reading of the above ordinance, it was MOVED BY Rezone: Wienneyer Property, N BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE 5th St, CO to UC-N 1 (R-02- ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 141) Rezone: Fry's Property, Garden An ordinance was read changing the zoning classification ol' property consisting , Ave N, COR 3 to UC-N I (R- of 21.3 acres located at Garden Ave. N. and N. Sth St. from Center Office 03-100) Residential 3 (COR 3) to Urban Centcr-North I (UC-N 1) zoning, and declaring an emergency; R-03-100 (Fry's). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5037 Following second and final reading ofthe above ordinance, it was MOVED BY Rezone: Fry's Property, Garden BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE Ave N, COR 3 to UC-N I (R- ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED 03-100) \member 24. 200, RCntoll ('it\ Council \1inutcs Pagc 435 Rezone: BNSF Railroad Ali ordinance \\as read changing the zoning classification of property conststinc Property, Lake WA Blvd N, [H of'3.91 acres located at Lake Washington Blvd. N. from Ilea\v Industrial (111) to to UC-N 2 (R-02-141 1 Urban Center -North 2 (UC-N 2) zonim!, and declarin411 an emergency; R-02-141 (Burlinston Northern Santa Fe Railroadl. 'v1OVF:I) BY BRIERE, SECONDED BY C1AW'SON. COUNC'll. ADVANCE TIIE ORDINANCF. FOR Sf;COND AND FINAL READING. CARRIED. Ordinance #5038 Following second and final reading ofthe above ordinance, it was MOVL,:D 13Y Rezone: BNSF Railroad BRIERE, SFC0NDF.D BY CL.AWSON, COUNCII, ADOPT T11F: Property, Lake WA Blvd N, II I ORDINANCT. AS READ, ROLL. CALL: AH. AYES. CARRIED. to UC-N 2 (R-02-14 l ) Rezone: Puget Sound I%nergy An ordinance was read chan-m- the rontno classification of property consisting Property, Lake WA Blvd N, IEI of 10.09 acres, which abut Lake WashinyIgton Blvd. N., from Heavy Industrial to UC -N 2 (R-02-141) (III) to Urban Center -North 2 (1)(-N 2) zoning, and declaring all emergency; R- 02-141 (Puget Sound F:ner,v). MOVED BY BRIERE, SI:CONDE-.D BY CLAWSON. COUNCIL ADVANCE THE: ORDINANCE. FOR SECOND AND FINAL READING. C'ARRIFD. Ordinance #5039 Following_ second and final reading of the above ordinance, it was MOVED BY Rezone: Puget Sound Energy BRIERE, SECONDED BY CL.AWSON, COUNCIL ADOPT FI IE Property, Lakc WA Blvd N, IH ORDINANCE. AS READ. ROLL. CALL: ALL AYES. CARRIED. to UC-N 2 (R-02-141 ) The following ordinances 4vere presented for first readintp. and referred to the Council meetln!! of 12/01,2003 for second and final Ieadl111: Annexation: Falk. S 47th St & Ali ordinance was Itad annexing cont'ITuous unincorporated territory known as 102nd Ave SE the Falk Annexation consisting of6.43 acres bounded by S. 47th St. to the north, SE 185th PI. to the south, and 102nd Ave. SE to the cast, by the election method; and setting the taxation rate, establishing a zoning classification of'R-8, and fixing the eftective date of the annexation. MOVED BY CORMAN, SECONDED BY PERSSON. COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01 /2003. CARRIED. Budget: 2004 Property Tax An ordinance was read establishing the property tax levy trrr the year 2004 for Levy both general purposes and tier voter approved bond issues. MOVED 13Y PARKER, SECONDED BY PERSSON, COUNCIL. REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/2003. CARRIED. Utility: Rates An ordinance was read amending Sections 8-4-31 of* Chapter 4, Water, and 8-5- 15 of Chapter 5, Sewers, of Title Vlll (Health and Sanitation) of'(- . ity Code by increasing utility fees. MOVED BY BRIERE, SECONDED BY C'LAWSON, COUNCIL REFER TI IE ORDINANCE FOR SEC CND AND FINAL RE:ADINQ ON 12/01/2003, CARRIED. Rezone: JDA Group Property, An ordinance was read changing the zoning classification of property consisting Rainier Ave N, R-8 to CA (R- of0.52 acres located on the 600 block of Rainier Ave. N. from Residential - eight 02-140) dwelling units per acre (R-8) to Commercial Arterial (CA) zoning; R-02-140 (JDA Group LLC'). MOVED BY BRIERE, SECONDED BY (1-AWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/01/2003. CARRIED. November 24, 2001 Renton City Council Idinutcs Page 437 Resolution #3667 A resolution was read authorizing the Mayor and City Clerk to execute a Comprehensive Plan: Tydico development agreement with Liberty Ridge LLC (Tydico). MOVED BY Development Agreement BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3668 A resolution was read authorizing the Mayor and City Clerk to execute a Comprehensive Plan: Merlino development agreement with SR 900 LLC (Merlino). MOVED BY BRIERE, Development Agreement SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3669 A resolution was read authorizin. the Mayor and City Clerk to enter into a Comprehensive Plan: Boeing development agreement with The Boeing Company, establishing certain roles and Development Agreement responsibilities for the potential phased redevelopment of all or a portion of the Boeing Renton plant site. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Added A resolution was read terminating a moratorium on development in portions of Resolution #3670 the Heavy Industrial (IH) Zone, effective December 1, 2003. MOVED BY Planning: Heavy Industrial C'ORMAN, SECONDED BY NELSON, COUNCIL ADOPT THE Zone Development Moratorium RESOLUTION AS REAL). CARRIED. NEW BUSINESS Councilman Corman reported receipt of complaints from some Highlands area Police: Animals at Lar�,,e residents regarding mcnacirlpit bull clogs, and he advised residents to call the Police Department if they are intimidated by any animals on the loose. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 9:03 p.m. Bonnie 1. Walton. City Clerk Recorder: Michele Neumann November 24, 2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN PROCEEDINGS BEFORE THE CITY OF RENTON HEARING EXAMINER IN RE THE BOEING COMPREHENSIVE ) NO. LUA 02-141, ECF, CPA, R. EIS PLAN AMENDMENTS 2003 - NICHOLSON ) APPEAL, ) ORDER nunru The Hearing Examiner, as a result of the Pre -Hearing Conference in the matter, makes the following determinations and hereby. ORDERS that if the parties do not settle this matter beforehand, the appeal hearing will be held on February 24, 2004 at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. At the pre -hearing conference the appellant indicated that he would be the sole witness and would call no additional witnesses. If the appellant decides to change his mind and call witnesses he shal I be required to inform the office and the other parties no later than February 2, 2004 who those witnesses will be and the nature of their testimony. The issues which may be raised at the hearing shall be confined to the following areas although those may be interpreted broadly to assure that the appellant has the latitude necessary to pursue his appeal: a. Transportation issues, which may include traffic analysis, pedestrian safety and concurrency models. h. Storm eater retention, detention, outfall and potential impacts on bake Washington or the Cedar River if the appellant can show those water features might be affected by storm water handling. There may also be questions raised as to the appropriate King County manual for dealing with storm water. c. The appellant cannot raise so-called socio-economic issues, political issues or his proposed salutary changes to regulations. All evidence shall pertain to existing codes and regulations of the City. d. This office can only explore the validity or sufficiency of the City's Environmental Impact Statement. It has no jurisdiction to explore questions of "spot zoning" nor does it have GN A review authority. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finally, this office would appreciate it if each party provides the other parties of record with copies of correspondence when it writes this office regarding any matters pertaining to this issue. ENTERED at Renton, Washington, on this 19°i day of January, 2004 Parties of Record: Mr. Larry Warren City Attorney P.O. Box 626 Renton, WA 98057 Mr. Galen G. Shulcr Perkins Coie 1201 Third Avenue, Ste. 4800 Seattle, WA 98101 Brad Nicholson 2300 NE 28`h St. Renton, WA 98056 Fred J. Kaufman Hearing Examiner 1055 South Grady Way Renton, WA 98055 Fred J. Kaufm n Hearing qxarn finer CITY OF RENTON COUNCIL AGENDA BILL AI a: Submitting Data: P/B/PW For Agenda of: Dept/Div/Board.. Development Services Agenda Status Staff Contact...... Larry Meckling, x-7280 Consent .............. Public Hearing.. Subject: Adoption of 2002 National Electric Code, with City of Correspondence.. Renton amendments. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Ordinance Study Sessions...... Information......... February 2, 2004 Recommended Action: Approvals: Refer to Planning & Development Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The State Legislature reviewed and adopted the 2002 National Electric Code, which then went to the City of Renton for amendments and adoption. All adopted codes used by the City of Renton are updated and published in a three (3) year code cycle. The City of Renton amendments to the 2002 National Electric Code (NEC) were developed with a consortium of neighboring cities (Bellevue, Kirkland, Redmond and Mercer Island) to provide uniformity in code enforcement. Many other jurisdictions throughout the state have expressed interest in these amendments, and are considering their adoption. The 2002 NEC, with City of Renton amendments, are not more restrictive and provide the City and region consistency in code requirements. STAFF RECOMMENDATION: Staff recommends Council approve the proposed ordinance as presented. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: January 26, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: �� Mayor Kathy Keolkerr--Wheeler FROM: Gregg Zimmermatf, Administrator STAFF CONTACT: Larry Meckling, x-7280 SUBJECT: Adoption of 2002 National Electric Code, with City of Renton Amendments ISSUE: The National Electric Code, used by the City of Renton, has been updated. The latest publication of the Code has been adopted by the State Legislature and forwarded to the City of Renton for amendments and adoption. RECOMMENDATION: Staff recommends adoption of the latest publication of the 2002 National Electric Code, as amended. BACKGROUND SUMMARY: All adopted codes used by the City of Renton are updated and published in a three (3) year code cycle. The State Legislature previously reviewed and adopted the 2002 National Electric Code, which then went to the City of Renton for amendments and adoption. The City of Renton amendments to the 2002 National Electric Code (NEC) were developed with a consortium of neighboring cities (Bellevue, Kirkland, Redmond and Mercer Island) to provide uniformity in code enforcement. Once again, the City of Renton is at the forefront of progress as it pertains to the development community. Many other jurisdictions throughout the state have expressed interest in these amendments, and are considering their adoption. The 2002 NEC, with City of Renton amendments, are not more restrictive and provide the City and region consistency in code requirements. Upon approval by City Council, the provisions will be adopted and codified in accordance with Chapter 19.28 RCW. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-5-040.A AND C AND ADDING A NEW SECTION D, OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADOPTING THE CURRENT UNIFORM ELECTRICAL CODE AND AMENDMENTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-5-040.A of Chapter 5, Building and Fire Prevention Standards, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. ADOPTION: The National Electrical Code, 2002 Edition, published by the National Fire Protection Association, as amended by the City of Renton, is hereby adopted as the National Electrical Code, or NEC, 2002 Edition, for the City of Renton, and may hereafter be designated as "City of Renton Electrical Code, 2002." SECTION II. Section 4-5-040.0 of Chapter 5, Building and Fire Prevention Standards, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: C. ADMINISTRATION AND ENFORCEMENT 1. Short Title: This chapter shall be known as the electrical code of the City of Renton, which is hereinafter referred to as the "City of Renton electrical code," "electrical code" or as "this code." ORDINANCE NO. 2. National Electrical Code - Adopted as Amended, Added To and Accepted: The National Electrical Code (NFPA 70), 2002 Edition, including Annex B and C, but excluding Article 80; the most current edition of Centrifugal Fire Pumps (NFPA 20) Health Care Facilities (NFPA 99); Emergency and Standby Power Systems (NFPA 110) and the National Electrical Safety Code (NESC C2-2002 excluding Appendixes A and B) are hereby adopted by reference as a part of this Chapter, and shall be applicable within the City, as amended, added to or excepted in this Chapter. The requirements of this Chapter will be observed where there is any conflict between this Chapter and the National Electrical Code (NFPA 70), Centrifugal Fire Pumps (NFPA 20), Health Care Facilities (NFPA 99), and Emergency and Standby Power Systems (NFPA 110). The National Electrical Code will be followed where there is any conflict between Centrifugal Fire Pumps (NFPA 20), Health Care Facilities (NFPA 99), Emergency and Standby Power Systems (NFPA 110 or the NESC C2-2002 and the National Electrical Code (NFPA 70). 3. Purpose: The purpose of the City of Renton electrical code, as amended and adopted in this Chapter, is the practical safeguarding of persons, property and buildings from hazards arising from the use of electricity. The City of Renton electrical code contains provisions considered necessary for safety. Compliance therewith and proper maintenance will result in an installation essentially free of hazard, but not necessarily efficient, convenient or adequate for good service or future expansion of electrical service. The City of Renton electrical code is not intended as a design specification nor an instruction manual for untrained persons. 4. Scope: The City of Renton electrical code covers: 2 ORDINANCE NO. (a) Electrical conductors, electrical equipment, and raceways installed within or on public and private buildings, property or other structures. (b) Signaling and communications conductors and equipment, telecommunications conductors and equipment, fiber optic cables, and raceways installed within or on public and private buildings, property or other structures. buildings. (b) Yards, lots, parking lots, and industrial substations. (c) Temporary electrical installations for use during the construction of (d) Temporary electrical installations for carnivals, conventions, festivals, fairs, traveling shows, the holding of religious services, temporary lighting of streets, or other approved uses. (e) Installations of conductors and equipment that connect to a supply of electricity. (f) All other outside electrical conductors on the premises. (g) Optional standby systems derived from portable generators. Exception: All wires and equipment that fall within section 90.2(b)(5) of the National Electrical Code, 1981 edition, are exempt from the requirements of this Chapter. 5. Application (a) New Installations: This code applies to new electrical installations. Exception: If an electrical permit application is received after this Chapter has taken effect, but is associated with a building permit application received prior to the effective date of this Chapter, all applicable codes adopted and enforce at the time of the building application shall apply. 3 ORDINANCE NO. (b) Existing Installations: Existing electrical installations that do not comply with the provisions of this Chapter shall be permitted to be continued in use unless the Building Official or designated representative determines that the lack of conformity with this code presents an imminent danger to the building, structure or occupants. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard. (c) Additions, Alterations, Modifications, or Repairs: Additions, alterations, modifications or repairs to the electrical system of any building, structure, or premises shall conform to the requirements of this code without requiring those portions of the existing building not being altered or modified to comply with all the requirements of this Code. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the Building Official or designated representative. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of this Chapter in force at the time the additions were made. (d) Moved Buildings or Structures: Buildings or structures intended to be relocated within or into the City of Renton must be inspected by the Building Official for compliance with the codes and standards adopted in this Chapter prior to being relocated or moved. The owner of the building or structure must obtain a building permit and further must agree to correct all deficiencies identified by the inspection prior to moving the building. All deficiencies must be corrected before electric power is connected to the building. (e) Alternate Materials or Methods: The provisions of this code are not intended to prevent the use of any material, alternate design or method of construction not Ll ORDINANCE NO. specifically prescribed by this code, provided that any alternate has been approved and its use has been authorized by the Building Official. Modifications to requirements in this code are allowed only when there is significant difficulties encountered making it impractical to carry out the specific provisions of this code. The use of alternate materials, methods of construction or modifications, shall not avoid compliance with the objectives or intention of this code or reduce the level of fire and life safety, structural integrity, strength, fire resistance, sanitation, or equipment suitability required by this code. The proposed alternate materials, methods or modifications may be permitted where the equivalent objectives prescribed by this code can be achieved by establishing and maintaining effective fire and life safety, structural integrity, strength, fire resistance, sanitation, and/or equipment suitability. 6. Permit Requirements and Exemptions: Except as specified in this section, no electrical system regulated by this code shall be installed, altered, replaced, modified, repaired, energized, or services connected unless a separate electrical permit for each building or structure has been obtained from the Building Official. The electrical permit shall be posted on the job site at the service equipment or other conspicuous readily available location and shall remain so posted during the entire course of work. Except for emergency repairs to existing systems, an electrical permit must be obtained and posted at the job site prior to beginning any electrical installation or alteration. An electrical permit for emergency repairs to existing systems must be obtained and posted at the job site no later than the next business day after the work has begun. ORDINANCE NO. a. In accordance with chapter 19.28 RCW, an electrical permit is required for the following installations: (1) The installation, alteration, repair, replacement, modification or maintenance of all electrical systems, wire and electrical equipment regardless of voltage. (2) The removal of electrical wiring. (3) The installation and/or alteration of low voltage systems defined as: (a) NEC, Class 1 power limited circuits at 30 volts maximum. (b) NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.41(A). (c) NEC, Class 3 circuits powered by a Class 3 power supply as defined in NEC 725.41(A). (4) Telecommunications Systems (a) All installations of telecommunications systems on the customer side of the network demarcation point for projects greater than ten telecommunications outlets. (b) All backbone installations regardless of size and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations require permits and inspections. (c) The installation of greater than ten outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous ninety -day period requires a permit and inspection. G9 ORDINANCE NO. (d) In R1 & R2 occupancies as defined in the building code, permits and inspections are required for all backbone installations, all penetrations of fire resistive walls, ceilings and floors; and installations of greater than ten outlets in common areas. (e) Definitions of telecommunications technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIAMA standards, and the National Electrical Code. b. An electrical permit shall not be required for the following: (1) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the National Electrical Code; (2) Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated 50 amps or less which are like -in -kind in the same location; (3) Temporary decorative lighting; when used for a period not to exceed 45 days and removed at the conclusion of the 45 day period; (4) Repair or replacement of current -carrying parts of any switch, conductor or control device which are like -in -kind in the same location; (5) Repair or replacement of attachment plug(s) and associated receptacle(s) rated 50 amperes or less which are like -in -kind in the same location; (6) Repair or replacement of any over current device which is like -in - kind in the same location; (7) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems; (8) Telecommunication Systems. 7 ORDINANCE NO. (a) Telecommunication outlet installations within the individual dwelling units of group RI occupancies as defined by the building code; (b) All telecommunications installations within R3 occupancies as defined in the building code; (c) The installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross -connected equipment; (9) Listed wireless security systems where power is supplied by a listed Class 2 plug in transformer installed in R3 occupancies; (10) A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of the National Electrical Code or other laws or ordinances of the City. 7. Inspections a. Plan review is a part of the electrical inspection process; its primary purpose is to determine that; electrical loads, conductors, and equipment are calculated and sized according to the proper NEC article or section; that the classification of hazardous locations; and proper design of emergency and legally required standby systems. Two sets of plans and specifications shall be submitted with each application for an electrical permit for the following installations: (1) RI & R2 occupancies as defined in the building code; N. ORDINANCE NO. (2) All electrical systems installations of 600 volts and greater; (3) All educational, institutional, and health care or personal care occupancies classified or defined in WAC 296-46b-010(14); (4) All commercial generator installations; (5) All electrical installations in hazardous areas as define by the currently adopted National Electrical Code; (6) All new or altered electrical installations of other than Type R3 occupancies of 2500 square feet or more where the electrical load is more than 100 amps; occupancies. (7) All new or altered service installations of other than Type R3 b. Classification and definition of educational, institutional, health or personal care and licensed daycare occupancies shall be as defined in WAC 296-46B-010(14) and is here by adopted as part of this code. C. All electrical plans for the following installations shall be prepared by, or under the direction of, a consulting electrical engineer registered under chapter 18.43 RCW, and chapters 24613-320, 180-29, and 388-97 WAC. All electrical plans must bear the engineers stamp and signature. (1) All educational facilities, hospitals and nursing homes; (2) All services or feeders rated 1600 amperes or larger; (3) All installations identified in the National Electrical Code requiring engineering supervision; (4) As required by the Building Official for installations, which by their nature are complex, hazardous or pose unique design problems. 01 ORDINANCE NO. d. Plans shall be drawn to a clearly indicated and commonly accepted scale of not less than 1/8 inch to 1 foot upon substantial paper such as blueprint quality or standard drafting paper. Plans shall indicate the nature and extent of the work proposed and shall show in detail that the installation will conform to the provisions of this code. All electrical work shall be readily distinguishable from other mechanical work. If plans are incomplete, unintelligible or indefinite, the Building Official may reject or refuse to examine such plans or may require the plans to be prepared by a licensed electrical engineer, even though a plan examination fee has been paid. e. Plans and specifications shall include the following information: (1) The proposed use or occupancy of the various portions of the building or rooms in which the installation is to be made; (2) A complete riser diagram; (3) The calculated load schedule and demand factor selected for each branch circuit, feeder, sub -feeder, main feeder and service; (4) Panel and branch circuit schedules showing individual branch circuit loads, total demand load and connected load; (5) Fault current calculations and listed interrupting rating for each service and/or feeder; (6) A key to all symbols used; (7) Letters and numbers designating mains, feeders, branch circuits and distribution panels; (8) Wattage, number of sockets and type of lighting fixture; (9) Wattage and purpose of all other outlets; 10 ORDINANCE NO. (10) Voltage at which the equipment will operate; (11) Identification of wire sizes, insulation type, conduit type and sizes; (12) Other information as may be required by the Plans Examiner. 9. Temporary Installation: If the Building Official finds that the safety of life or property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installation shall not be granted for a greater length of time than 30 days, except that a permit for a temporary installation to be used for constructing of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authorization for such use of the street must first be obtained. All such temporary installations shall be made in accordance with the requirements of this code; provided that the building official may permit deviations which will not permit hazards to life or property; and further provided that whenever such hazards are deemed by the building official to exist, the Building Official may at once rescind or cancel the permit covering such installation and disconnect, or order the disconnection of all energy to such equipment. SECTION III. A new section, 4-5-040.13, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Building Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: D. AMENDMENTS TO THE 2002 NATIONAL ELECTRICAL CODE (NEC) Code: The following are the City of Renton's amendments to the 2002 National Electrical 1. NEC Article 80 Amended: NEC Article 80 is not adopted as part of this code. 11 ORDINANCE NO. 2. NEC Article 100 Amended: NEC Article 100 is amended by adding the following definitions, to read as follows: "Certified Electrical Product" means an electrical product to which a laboratory, accredited by the State of Washington, has the laboratory's certification mark attached. "Certification Mark" is a specified laboratory label, symbol, or other identifying mark that indicates the manufacturer produced the product in compliance with appropriate standards or that the product has been tested for specific end uses. "City" means the City of Renton. "Chapter" unless elsewhere specified, means this code, which is the City of Renton amendments to the NEC. "Electrical Equipment" includes electrical conductors, conduit, raceway, apparatus, materials, components, and other electrical equipment not exempted by RCW 19.28.006(8). Any conduit/raceway of a type listed for electrical use is considered to be electrical equipment even if no wiring is installed in the conduit/raceway at the time of the conduit/raceway installation. "Electrical Products Certification Laboratory" is a laboratory or firm accredited by the State of Washington to perform certification of electrical products. "Electrical Products Evaluation Laboratory" is a laboratory or firm accredited by the State of Washington to perform on -site field evaluation of electrical products for safety. "Field Evaluated" means an electrical product to which a field evaluation mark is attached. Field evaluation must include job site inspection unless waived by the department, and may include component sampling and/or laboratory testing. 12 ORDINANCE NO. "Field Evaluation Mark" is a specified laboratory label, symbol, or other identifying mark indicating the manufacturer produced the product in essential compliance with appropriate standards or that the product has been evaluated for specific end uses. "Fished Wiring" is when cable or conduit is installed within the finished surfaces of an existing building or building structure (e.g., wall, floor or ceiling cavity). "Industrial Control Panel" means a factory or user wired assembly of industrial control equipment such as motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices used in the manufacturing process to control industrial utilization equipment. The panel may include disconnecting means and motor branch circuit protective devices. Industrial control panels include only those used in a manufacturing process in a food processing or industrial plant. "Installation" includes the act of installing, connecting, repairing, modifying, or otherwise performing work on an electrical system, component, equipment, or wire except as exempted by WAC 296-4613-925. "Identification Plate" is a phenolic or metallic plate or other similar material engraved in block letters at least 1/4" (6mm) high, unless specifically required to be larger by this chapter, suitable for the environment and application. The letters and the background must be in contrasting colors. Screws, rivets, or methods specifically described in this chapter must be used to affix an identification plate to the equipment or enclosure. "Labeled" means an electrical product that bears a certification mark issued by a laboratory accredited by the State of Washington. "Laboratory" may be either an electrical product(s) certification laboratory or an electrical product(s) evaluation laboratory. 13 ORDINANCE NO. "Like -in -kind" means having similar characteristics such as voltage requirement, current draw, circuit overcurrent and short circuit characteristics, and function within the system. Like - in -kind also includes any equipment component authorized by the manufacturer as a suitable component replacement part. "Listed" means equipment has been listed and identified by a laboratory approved by the State of Washington for the appropriate equipment standard per this chapter. "Low Voltage" means: (a) NEC, Class 1 power limited circuits at 30 volts maximum. (b) NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.41(A). (c) NEC, Class 3 circuits powered by a Class 3 power supply as defined in NEC 725.41(A). (d) Circuits of telecommunications systems as defined in chapter 19.28 RCW. "NRTL" means Nationally Recognized Testing Laboratory accredited by the Federal Occupational Safety and Health Administration (OSHA) after meeting the requirements of 29 CFR 1910.7 "Point of contact" for utility work, means the point at which a customer's electrical system connects to the serving utility system. "Stand -Alone Amplified Sound or Public Address System" is a system that has distinct wiring and equipment for audio signal generation, recording, processing, amplification, and reproduction. This definition does not apply to telecommunications installations. "Telecommunications Installations" is as defined in RCW 19.28.400 for both regulated carriers and unregulated local service providers. 14 ORDINANCE NO. "Under the Control of a Utility" for the purposes of RCW 19.28.091, is when electrical equipment is owned by the utility or when electrical equipment is not owned by a utility and: (a) Is located in a vault, room, closet, or similar enclosure that is secured by a lock or seal so that access is restricted to the utility's personnel, or: (b) The utility is obligated by contract to maintain the equipment and the contract provides that access to the equipment is restricted to the utility's personnel or other qualified personnel. "Utility System" means electrical equipment owned by or under the control of a serving utility that is used for the transmission or distribution of electricity from the source of supply to the point of contact. "Utilization Voltage" means the voltage level employed by the utility's customer for connection to lighting fixtures, motors, heaters, or other electrically operated equipment other than power transformers. "WAC" means Washington Administrative Code. 3. NEC Article 110.2 Amended: NEC Article 110.2 is amended by adding the following text to the end of the section: All materials, devices, appliances, and equipment, not exempted in State law chapter 19.28. RCW, must conform to applicable standards recognized by the Building Official, be listed, or field evaluated by an accredited electrical products testing laboratory. Equipment must not be energized until such standards are met, unless specific permission has been granted by the Building Official. FPN: WAC 296-46B-010(9) 110.3 Examination, Identification, Installation, and Use of Equipment 15 ORDINANCE NO. 4. NEC Article 110.3 Amended: NEC Article 110.3 is amended by adding a new subsection (C), to read as follows: (C) Industrial Control Panels and Utilization Equipment. Control panels and utilization equipment installed in industrial plants will be determined to meet the minimum electrical safety standards for installations by one of the following methods: (a) Listing and labeling by an accredited electrical products testing laboratory; (b) Field evaluation by an accredited electrical products testing laboratory; (i) If the equipment usage is changed to other than industrial utilization equipment or electrical modifications are made to the equipment, the equipment must be successfully listed or field evaluated by a laboratory approved by the department. (ii) The equipment must be permanently installed at the owner's facility and inspected per the requirements of this Chapter (c) Normal inspection as part of the electrical inspection process included with the general wiring inspection of a building, structure, or other electrical installation for compliance with codes and rules adopted under this chapter. Normal inspection will only be made for equipment using listed components and wired to the requirements of the NEC. Use of industrial control panel(s) or equipment before its evaluation or final inspection, must be authorized by the Building Official or designated representative prior to being energized. FPN: WAC 296-46B-030(2) 5. NEC Article 110.12 Amended: NEC Article 110.12 is amended by adding new subsections (D) and (E), to read as follows: (D) Abandoned Conductors and Cables. Electrical conductors or cables shall not be abandoned in place. Unused electrical conductors, or cables, regardless of voltage, and 16 ORDINANCE NO. communication cables not in use shall be removed from the building or structure back to the originating panel board unless otherwise authorized by the Building Official or designated representative. (E) Old, Used or Damaged Material and Equipment. Old, used or damaged electrical equipment, conductors or materials shall not be reinstalled or used in any new work without prior approval of the Building Official or designated representative. 6. NEC 110.16 Amended: NEC Article 110.16 is amended by adding the following text to the end of the first paragraph: The flash protection marking must be an identification plate or label meeting ANSI Standards Z535.4-1998 or be of a type approved by the Building Official or designated representative. The plate or label may be installed at the factory or in the field. The plate or label may be mounted using adhesive. FPN: WAC 296-46B-110(4) 7. NEC 110.22 Amended: NEC Article 110.22 is amended by adding the following text to the end of the first paragraph: In other than dwelling units, an identification plate or label is required unless the disconnect is a circuit breaker or fused switch installed within a panelboard and its purpose is indicated by the panelboard schedule. The identification plate or label must include the identification designation of the circuit source panelboard that supplies the disconnect. FPN: WAC 296-4613-110(5) b. NEC Article 110.22 is amended by adding the following text to the end of the second paragraph: 17 ORDINANCE NO. The marking must be in the form of an identification plate or label that is substantially yellow in color. The words "CAUTION - SERIES COMBINATION RATED SYSTEM" must be on the plate or label in letters at least 13 mm (1/2") high. FPN: WAC 296-46B-110(6) 8. NEC Article 210.8.B Amended: NEC Article 210.8.13 is amended by adding new subsections (4) and (5), to read as follows: (4) Outdoors FPN: WAC 296-46B-210(2) (5) Crawl spaces - at or below grade 9. NEC Article 210.8 Amended: NEC Article 210.8 is amended by adding a new Subsection (C), to read as follows: (C) All Occupancies a. All 125-volt, single phase, 15 and 20 ampere receptacles installed within 1.8 m (6 ft) of any sink, fixed water source, or a normally wet or damp location shall be provided with ground fault circuit -interrupter protection for personnel. Exception: The laundry receptacle when installed within the dedicated wall space occupied by the clothes washer. FPN: WAC 296-46B-410(1) b. All luminaires (lighting fixtures) permitted to be installed within the zone defined in Article 410.4(D) shall be ground -fault circuit -interrupter protected and shall be fully enclosed. FPN: WAC 296-46B-410(1) ORDINANCE NO. 10. NEC 210.11(C) Amended: NEC Article 210.11(C) is amended by adding a new subsection (4), to read as follows: (4) Unfinished spaces. In addition to the number of branch circuits required by other parts of this section, at least one additional branch circuit shall be provided for unfinished spaces adaptable to future dwelling unit living areas that are not readily accessible to the service or branch circuit panelboard. The circuits must terminate in a suitable box(es). The box must contain an identification of the intended purpose of the circuit(s). The branch circuit panelboard must have adequate space and capacity for the intended load(s). FPN: WAC 296-46B-210(2) 11. NEC Article 215.10 Amended: NEC Article 215.10 is amended by adding a new paragraph following the first paragraph, to read as follows: Equipment ground fault protection systems shall be performance tested prior to being placed into service to verify proper installation and operation of the system as determined by the manufacturer's published instructions. This test or a subsequent test shall include all system feeders. A firm having qualified personnel and proper equipment must perform the tests required. A copy of the manufacturer's performance testing instructions and a written performance acceptance test record signed by the person performing the test must be provided for the inspector's records at the time of inspection. The performance acceptance test record shall include test details including, but not limited to, all trip settings and measurements taken during the test. The equipment being tested shall be labeled identifying the date of the test, the firm performing the test, and all settings for the equipment tested. FPN: WAC 296-46B-215(1) 19 ORDINANCE NO. 12. NEC Article 220 Amended: NEC Article 220.35 is amended by adding the following text to the end of subsection (1): In addition to the 30 day demand data, the following information must be provided: a. The date of the measurements. b. A statement attesting to the validity of the demand data, signed by a professional electrical engineer or the electrical administrator of the electrical contractor performing the measurements. C. A diagram of the electrical system identifying the point(s) of the measurements. FPN: WAC 296-46B-010(22) 13. NEC Article 225.32 Amended: NEC Article 225.32 is amended by adding a new paragraph following the first paragraph, to read as follows: Feeder disconnects, panelboards, subpanels, and similar electrical equipment must be installed so that they are readily accessible and may not be installed in bathrooms, clothes closets, or shower rooms. All indoor feeder disconnects, panelboards and subpanels and similar electrical equipment must have adequate working space and be adequately illuminated. FPN: WAC 296-46B-230(l1) 14. NEC Article 225.32 Amended: Article 225.32 is amended by adding new subsections (1) and (2), to read as follows: (1) Outside locations: Where the feeder disconnecting means is installed outside of a building or structure it must be on the building or structure supplied. The building disconnecting means may supply only 1 building or structure unless the secondary building(s) or structure(s) has a separate building disconnecting means meeting the requirements of this subsection. The disconnecting means must have an identification plate with at least 1/2" high letters identifying: 20 ORDINANCE NO. (a) The building or structure served; and (b) Its function as the building or structure main disconnect(s). FPN: WAC 296-46B-230(13) (2) Inside location: Where the feeder disconnecting means is installed inside the building or structure, it must be located so that the feeder raceway or cable extends no more than 15' inside the building or structure. 15. NEC Article 230.2 Amended: NEC Article 230.2 is amended by adding a new paragraph following the first paragraph, to read as follows: Each portion of a building or structure separated by one or more firewalls that comply with Section 705 of the International Building Code may be considered a separate building. Firewalls shall not be less than 2 hr fire -resistance rated. The extent and location of such firewalls shall provide a complete separation. FPN: WAC 296-46B-230(2) 16. NEC Article 230.2(A) Amended: NEC Article 230.2(A) is amended by adding a new subsection (6), to read as follows: (6) Transient voltage surge suppressor FPN: WAC 296-46B-230(4) 17. NEC Article 230.28 Amended: NEC Article 230.28 is amended by adding new text to the end of the first paragraph, to read as follows: Where a raceway -type service mast is used as support for service -drop conductors, the following conditions must be met: (1) Raceway type service mast shall be a minimum of 2-inch rigid metal conduit. 21 ORDINANCE NO. (2) An approved roof flashing shall be installed on each mast where it passes through a roof. Plastic, non -hardening mastic shall be placed between lead -type flashings and the conduit. Approved neoprene type roof flashings may be permitted. (3) Masts shall be braced, secured, and supported in such a manner that no pressure from the attached conductors will be exerted on a roof flashing, meter base, or other enclosures. (4) Utilization of couplings for a mast shall not be permitted above the point the mast is braced, secured, or supported. (5) Except as otherwise required by the serving utility, service mast support guys shall be installed if the service drop attaches to the mast more than 600 mm (24 in.) above the roof line or if the service drop is greater than 100' in length from the pole or support. Masts for support of other than service drops shall comply with this requirement as well. (6) Intermediate support masts shall be installed in an approved manner with methods identical or equal to those required for service masts. (7) For altered services, where it is impractical to install U bolt mast supports due to interior walls remaining closed, it may be permissible to use other alternate mast support methods such as heavy gauge, galvanized, electrical channel material that is secured to two (2) or more wooden studs with 5/16" diameter or larger galvanized lag bolts. (8) Conductors shall extend a minimum of 450 mm (18 in.) from all mastheads to permit connection to the connecting overhead wiring. FPN: See WAC 296-46B-230(5) Drawings E-101 through E-103. FPN: WAC 296-46B-230(5) 18. NEC Article 230.43 Amended: NEC Article 230.43 is amended by adding the following text to the end of Article 230.43, to read as follows: 22 ORDINANCE NO. Wiring methods for service conductors not exceeding 600 volts, nominal, within a building or structure is limited to the following methods: (3) Rigid metal conduit; (4) Intermediate metal conduit; (8) Wireways; (9) Busways; (10) Auxiliary gutters; (11) Rigid nonmetallic conduit; (12) Cablebus; or (14) Mineral -insulated, metal -sheathed cable (type MI). FPN: WAC 296-46B-230(8) Exception: With the approval of the Building Official existing electrical metallic tubing used for service entrance conductors may be permitted to remain, provided it meets all of the following conditions: a. It was installed prior to October 1984 b. It is properly grounded C. The conduit is installed in a non -accessible location d. It is the proper size for the installed conductors FPN: WAC 296-46B-230(9) 19. NEC Article 230.70(A)(1) Amended: NEC Article 230.70(A)(1) is amended by adding new subsections (a) and (b), to read as follows: (a) Outside Location: The service disconnect means shall be installed on the building or structure it serves. The service disconnection means shall be labeled with a plate with 1/2 inch letters providing the following information: (i) The building or structure served; and (ii) Its function as the building or structure main service disconnect(s). FPN: WAC 296-46B-230(13) (b) Inside Location: Where the service disconnect is installed inside the building or structure, it shall be located so that the service raceway extends no more than 15 feet inside the 23 ORDINANCE NO. building or structure served. Service disconnecting means, panel boards, subpanels and similar electrical equipment shall be adequately illuminated. FPN: WAC 296-46B-230(11) 20. NEC Article 230.70(A)(2) Amended: NEC Article 230.70(A)(2) is amended to read as follows: (2) Bathrooms. Service disconnection means, panel boards, subpanels and similar electrical equipment shall not be installed in bathrooms, clothes closets, or shower rooms. FPN: WAC 296-46B-230(11) 21. NEC Article 230.90(A), Exception No. 3, Amended: NEC Article 230.90(A), Exception No. 3, is amended by adding new text to the end of Exception No. 3, to read as follows: Where the service conductors have a lesser ampacity than the overcurrent protection or the equipment rating that they terminate in or on, an identification plate showing the ampacity of the conductors must be installed on the service equipment. FPN: WAC 296-46B-230(7) 23. NEC Article 230.95 Amended: NEC Article 230.95 is amended by adding a new paragraph following the first paragraph, to read as follows: Equipment ground fault protection systems shall be performance tested prior to being placed into service to verify proper installation and operation of the system as determined by the manufacturer's published instructions. This test or a subsequent test shall include all system feeders. A firm having qualified personnel and proper equipment must perform the tests required. A copy of the manufacturer's performance testing instructions and a written performance acceptance test record signed by the person performing the test must be provided r'' ORDINANCE NO. for the inspector's records at the time of inspection. The performance acceptance test record shall include test details including, but not limited to all trip settings and measurements taken during the test. The equipment being tested shall be labeled identifying the date of the test, the firm performing the test, and all settings for the equipment tested. FPN: WAC 296-46B-230(14) 24. NEC Article 230.202(B) Amended: NEC Article 230.202(B) is amended by adding new text to the end of subsection (B), to read as follows: Wiring methods for service conductors exceeding 600 volts, nominal, within a building or structure is limited to the following methods: Rigid metal conduit; Intermediate metal conduit; Busways; Schedule 80 rigid nonmetallic conduit; Cablebus; metal -clad cable that is exposed for its entire length. FPN: WAC 296-46B-230(15) 25. NEC Article 250.32(B)(2) Deleted: NEC Article 250.32(B)(2) is hereby deleted. FPN: WAC 296-46B-250(1) 26. NEC Article 250.50 Amended: NEC Article 250.50 is amended by adding a new subsection (1), to read as follows: (1) At each new building or structure served a concrete -encased grounding electrode consisting of at least 6.0 m (20 ft.) of bare copper conductor sized per Table 250.66, but not smaller than #4 AWG meeting the requirements of Article 250-52(A)(3) shall be required as part of the grounding electrode system. Other electrodes of bare or zinc -coated steel reinforcing bars or rods meeting the requirements of 250.52(A)(3) may be used if approved by the Building Official prior to installation. All electrodes shall be inspected prior to covering, concealing or the placing of concrete. 25 ORDINANCE NO. Exception: Job site construction trailers, mobile homes and manufactured homes, when not installed on a permanent foundation. 27. NEC Article 250.56 Amended: a. NEC Article 250.56 is amended by changing the last sentence, to read as follows: Where multiple rod, pipe, or plate electrodes are installed to meet requirements of this section, they shall not be less than 4.9 m (16 ft) apart. b. NEC Article 250.56 is amended by adding a new exception, to read as follows: Exception: Temporary power services of 100 amperes or less. 28. NEC Article 250.104(A) Amended: NEC Article 250.104(A) is amended by adding new text to the end of the first paragraph, to read as follows: Hot and cold metal water piping systems are not required to be bonded together if, at the time of inspection, the inspector can determine the metal water piping systems are mechanically and electrically joined by one (1) or more metallic mixing valves. Metallic stubs or valves used in nonmetallic plumbing systems are not required to be bonded to the electrical system unless required by the equipment manufacturer's instructions. FPN: WAC 296-46B-250(5) and WAC 296-46B-250(4) 29. NEC Article 250.184(A) Amended: NEC Article 250.184(A) is amended by adding new subsections (1) and (2), to read as follows: (1) Existing Installations (a) The use of a concentric shield will be allowed for use as a neutral conductor for extension, replacement, or repair, if all of the following are complied with: 26 ORDINANCE NO. conductor; (i) The existing system uses the concentric shield as a neutral (ii) Each individual conductor contains a separate concentric shield sized to no less than 33 1/2% of the ampacity of the phase conductor for 3-phase systems or 100% of the ampacity of the phase conductor for single-phase systems; (iii) The new or replacement cable's concentric shield is enclosed inside an outer insulating jacket; and (iv) Existing cable (i.e. existing cable installed directly in the circuit between the work and the circuit's overcurrent device) successfully passes the following tests: (1) A cable maintenance high potential dielectric test. The test must be performed in accordance with the cable manufacturer's instruction or the 2001 NETA maintenance test specifications; and (2) A resistance test of the cable shield. Resistance must be based on the type, size, and length of the conductor used as the cable shield using the conductor properties described in NEC Table 8 Conductor Properties. An electrical engineer must provide a specific certification to the Building Official or designated representative in writing that the test results of the maintenance high potential dielectric test and the resistance test have been reviewed by the electrical engineer and that the cable shield is appropriate for the installation. The electrical engineer must stamp the certification document with the engineer's stamp and signature. The document may be in the form of a letter or electrical plans. Testing results are valid for a period of seven (7) years from the date of testing. Cable will not be required to be tested at a shorter interval. 27 ORDINANCE NO. (b) A concentric shield used as a neutral conductor in a multi -grounded system fulfills the requirements of an equipment grounding conductor. FPN: WAC 296-46B-250(5) (2) New Installations (a) New installations shall not include extensions of existing circuits. (b) The use of the concentric shield will not be allowed for use as a neutral conductor for new installations. A listed separate neutral conductor meeting the requirements of NEC 250.184(A) must be installed. FPN: WAC 296-46B-250(5) 30. NEC Article 250.184(B) Amended: NEC Article 250.184(B) is amended to read as follows: point. The neutral of a solidly grounded neutral system may be grounded at more than one (1) Multiple grounding is permitted at the following locations: (a) Services; (b) Underground circuits where the neutral is exposed; and (c) Overhead circuits installed outdoors. (2) Multiple grounding is not allowed: (a) For new systems where singlepoint and multigrounded circuits form a single system (e.g. where a singlepoint circuit is derived from a multigrounded circuit); or (b) In new single phase (i.e. single phase to ground) installations. FPN: WAC 296-46B-250(6) ORDINANCE NO. 31. NEC Article 250.184(D) Amended: NEC Article 250.184(D) is amended to read as follows: Where a multigrounded neutral system is used, the following will apply for new balanced phase to phase circuits and extensions, additions, replacements; and repairs to all existing systems of 1 kV and over: (1) For existing systems: (a) The cable's concentric shield must be used as the neutral and all the requirements for neutral conductors described in WAC 296-46B-250-6(a) must be met; or (b) The cable's concentric shield must be effectively grounded to a separate bare copper neutral conductor at all locations where the shield is exposed to personnel contact. (2) For new systems: A separate copper neutral must be installed and the cable's concentric shield is effectively grounded to the separate neutral at all locations where the shield is exposed to personnel contact. (3) In addition to (1) and (2) of this subsection, the following is required: (a) A minimum of 2 made electrodes, separated by at least 6', must be installed at each existing and new transformer and switching/overcurrent location and connected to the neutral conductor at that location; (b) At least 1 grounding electrode must be installed and connected to the multigrounded neutral every 400m (1,300 ft.). The maximum distance between adjacent electrodes must not be more than 400m (1,300 ft.); (c) In a multigrounded shielded cable system, the shielding must be grounded at each cable joint that is exposed to personnel contact; 29 ORDINANCE NO. (d) All exposed noncurrent carrying metal parts (e.g. mounting brackets, manhole covers, equipment enclosures, etc.) must be effectively grounded to the neutral conductor; and (e) An electrical engineer must provide a specific certification to the electrical plan review supervisor in writing that the design of the multiple grounding installation has been reviewed by the electrical engineer and the design is in accordance with the requirements of chapter 19.28 RCW, this chapter, and normal standards of care. The electrical engineer must stamp the certification document with the engineer's stamp and signature. The document may be in the form of a letter or electrical plans. FPN: WAC 296-46B-250(7) 32. NEC Article 300.4(B)(1) Amended: NEC Article 300.4(B)(1) is amended by adding new text to the end, to read as follows: type. The bushings or grommets used to protect the cable must of a two piece interlocking 33. NEC Article 300.11(A) Amended: NEC Article 300.11(A) is amended by adding new text to the end, to read as follows: Where permitted by the Building Official, raceways, cables, or boxes may be supported by wires independent of the ceiling support system under the following conditions: (i) The support wires must be independent of the ceiling support systems and be capable of securing and supporting the raceways, cables or boxes without reducing the integrity of the suspended ceiling system; (ii) The independent support wires shall be a minimum #12 AWG and adequate to carry the weight and are securely fastened to the building structure and to the ceiling grid; 30 ORDINANCE NO. (iii) Raceways and/or cables are not larger than 3/4" trade size; (iv) No more than two (2) raceways or cables may be supported by an independent support wires and are secured to the support wires by fittings designed and manufactured for the purpose; (v) Where support wires are installed exclusively for telecommunications cables, Class 2, or Class 3 cables the maximum number of cables allowed shall not be more than 1-1/2 inch diameter when bundled together. FPN: WAC 296-46B-300(5) 34. NEC Article 310.12 Amended: NEC Article 310.12 is amended by adding a new subsection (D), to read as follows: (D) Each cable operating at over 600 volts and installed on customer owned systems must be legibly marked in a permanent manner at each termination point and at each point the cable is accessible. The required marking must use phase designation, operating voltage, and circuit number if applicable. FPN: WAC 296-4613-110(7) 35. NEC Article 314.15 Amended: NEC Article 314.15 is amended by adding a new subsection (C), to read as follows: (C) Single conductors, cables, taps, or splices installed in open bottom junction boxes or handholes shall be suitable for direct burial. Open bottom junction boxes manufactured specifically for electrical use shall be permitted to be used as an electrical junction box to enclose single conductors, cables, taps, or splices rated for wet locations, under the following conditions: (1) In vehicular traffic areas the box shall be rated for not less than HS-20 loading required under the latest edition of the American Association of State Highway and 31 ORDINANCE NO. Transportation Officials (AASHTO) publication entitled "Standard Specifications for Highway Bridges." Covers shall be provided with a bolted, hinged, or slide -on lid embossed with the identification "ELECTRIC" or 'ELECTRICAL." (2) In incidental vehicular traffic areas (e.g., parks, sports fields, sidewalks, grass lawns, etc.) the box shall be rated for not less than HS-10 loading. Covers shall be provided with a bolted, hinged, or slide -on lid embossed with the identification 'ELECTRIC" or "ELECTRICAL." (3) In non -vehicular traffic areas (e.g. flowerbeds, patio decks, etc.) the box shall be designed and approved for the purpose. Covers shall be provided with a lid embossed with the identification 'ELECTRIC" or 'ELECTRICAL." (4) All conductors must be installed in approved electrical raceways that enter vertically from the open bottom of the enclosure. These raceways must be fitted with a bushing, terminal fitting, or seal incorporating the physical protection characteristics of a bushing, and project not less than 5 cm (2") above the bottom surface material. The bottom surface material must be pea gravel or sand a minimum of 5 cm (2") thick or more if required by the box manufacturer. FPN: WAC 296-46B-314(1) 36. NEC Article 314.29 Amended: NEC Article 314.29 is amended by adding new text to the end of the first paragraph, to read as follows: Boxes and conduit bodies shall not be cover with insulation material and shall remain visible and outside of or above the insulation material. FPN: WAC 296-46B-314(2) 32 ORDINANCE NO. 37. NEC Article 334.10(3) and (4) Amended: NEC Articles 334.10(3) and (4) are hereby deleted. 38. NEC Article 334.12(A) Amended: NEC Article 334.12(A) is amended by adding new subsections (11) and (12), to read as follows: (11) In Type I or Type II non-combustible construction as defined by the Building Official. (12) In any non-residential occupancy as defined by the Building Official. 39. NEC Article 358.12 Amended: NEC Article 358.12 is amended by adding a new subsection (7), to read as follows: (7) Installed in direct contact with the earth or in concrete on or below grade. FPN: WAC 296-46B-358 40. NEC Article 394.12(5) Amended: NEC Article 394.12(5) is amended by adding a new exception, to read as follows: Exception: In hollow spaces containing existing knob -and -tube wiring may be allowed to remain provided that all of the following conditions are met: (i) The wiring shall be surveyed by an appropriately licensed electrical contractor who must certify in writing to the Building Official that the wiring is in good condition with no evidence of improper overcurrent protection, conductor insulation failure or deterioration, and with no improper connections or splices. The Electrical Inspector must inspect all repairs, alterations, or extensions to the electrical system; (ii) The insulation shall meet Class I specifications as identified in the Uniform Building Code, with a flame spread factor of 25 or less as tested using ASTM E84-81a. Foam insulation may not be used with knob -and -tube wiring; 33 ORDINANCE NO. (iii) All knob -and -tube circuits shall have overcurrent protection in compliance with NEC Table 310.16, 60 degree centigrade, Column C. Overcurrent protection shall be circuit breakers or Type S fuses. FPN: WAC 296-4613-394 41. NEC Article 410.30(C)(1) Amended: NEC Article 410.30(C)(1) is amended by adding a new subsection (3), to read as follows: (3) The flexible cord connection must comply with the following: (1) Connection to a suspended pendant box must utilize an integral threaded hub; (2) The length of the cord for a suspended pendant drop from a permanently installed junction box to a suitable tension take-up device must not exceed 1.8m (6 ft); (3) The flexible cord must be supported at each end with an approved cord grip or strain relief connector fitting/device that will eliminate all stress on the conductor connections; (4) The flexible cord must be a minimum #14 AWG copper; (5) The flexible cord ampacity must be determined in NEC Table 400.5(A) column A; (6) The flexible cord must be hard or extra hard usage; and (7) A vertical flexible cord supplying electric discharge luminaires must be secured to the luminaire support as per NEC 334.30(A). FPN: WAC 296-46B-410(2) 42. NEC Article 422.10(A) Amended: NEC Article 422.10(A) is amended by adding new text to the end, to read as follows: 34 ORDINANCE NO. Water heaters with a rated circuit load in excess of 3,500 watts at 208 or 240 volts shall be provided with branch circuit conductors not smaller than #10 AWG copper or equal. Overcurrent protection shall comply with NEC 422.11(E). FPN: WAC 296-4613-422 43. NEC Article 450.27 Amended: NEC Article 450.27 is amended by adding new text following the last paragraph, to read as follows: Oil -Insulated transformers located adjacent to building(s) or structures shall comply with the following: (1) Transformers shall not be located closer than 2.5 m (8 ft) to any part of a building or structure constructed of combustible material including any eaves, overhangs or decks; (2) Transformers shall not be located closer than 900 mm (2 ft) to any part of a building or structure constructed of non-combustible material including any eaves, overhangs or decks and must be outside a line extended vertically from the ends of the eaves, overhangs or rooflines of the building or structure; (3) Transformers shall not be located closer than 2.5 m (8 ft) to any part of doors, windows, stairways, ventilation openings, other types of openings of all buildings or structures; (4) Transformers shall be located such that any oil leaking from the transformer will flow away from the building or structure and will not pool; and (5) Transformers located in areas subject to vehicular traffic shall be provided with adequate guarding. (6) Enclosures for total underground oil filled transformers shall not be located closer than 2.5 m (8 ft.) to any part of a doorway, window, stairway or fire escape. Adequate space 35 ORDINANCE NO. must be maintained above the enclosure so that a boom may be used to lift the transformer from the enclosure. FPN: WAC 296-46B-450(1) see also WAC 296-4613-450 Figure 450-1 and 450-2. 44. NEC Article 514.11(A) Amended: NEC Article 514.11(A) is amended by adding new text following the last paragraph, to read as follows: The disconnecting means shall disconnect all conductors of the circuit supplying all station dispensers and or pumps (including the grounded conductor) simultaneously from the source(s) of supply. FPN: WAC 296-46B-514(2) For multi -circuit installations, an electrically held normally open contactor operated by a push-button or other suitable device may serve as the disconnecting means. The push button or disconnecting device shall not function as the resetting mechanism for the electrically held contactor. The resetting means shall meet the following: (1) Located at least 4.5 m (15 ft) or out of sight of the pushbutton; and (2) Protected by a suitable cover or guard; and (3) Identified with an approved identification plate that is substantial black in color. FPN: WAC 296-46B-514(4) The disconnecting means shall be labeled with an identification plate, with letters at least 1" high, as the emergency disconnecting means. The disconnecting means or operator must be: (1) Substantially red in color; and (2) For attended facilities — Must be readily accessible and must be located outdoors and within sight of the pump or dispensing equipment it controls; or all ORDINANCE NO. (3) For unattended facilities — must be readily accessible and must be located within sight, but at least 20' from the pump or dispensing equipment it controls. FPN: WAC 296-46B-514(5) 45. NEC Article 517.31 Amended: NEC Article 517.31 is amended by adding new text following the last paragraph, to read as follows: In health care facilities, the following methods must be used to determine adequate capacity and ratings of equipment providing electrical power for the essential electrical systems. (1) Systems in new facilities: (a) Emergency system: The emergency branch must consist of two (2) branches known as: (i) Life safety system: The feeder conductors and equipment used to supply electrical power to the life safety branch must be determined by summation of the connected loads as determined by article 220 NEC and may not be subjected to any reduction due to the diversity of the loads. Feeder and equipment will be subject to a 125% multiplier for continuous loads in accordance with article 220 NEC. (ii) Critical branch system: The feeder conductors and equipment must be calculated in accordance with article 220 NEC, including a level of diversity as determined by such article. (b) Equipment branch: The feeder conductors and equipment used to supply electrical power to the equipment branch of the essential electrical system must be calculated in accordance with article 220 NEC, including a level of diversity as determined by such article. (c) Generator sizing: The rating of the generator(s) supplying electrical power to the essential system of a health care facility must meet or exceed the summation of the 37 ORDINANCE NO. loads determined in (a) and (b) of this subsection with no additional demand factors applied. Momentary X-ray loads may be ignored if the generator is rated at least 300% of the largest momentary X-ray load connected. FPN: WAC 296-46B-517(1) (2) Existing essential systems in facilities to which additional load is to be added: (a) Existing loads: The existing loads of the separate branches of the essential electrical system may be determined by NEC Article 220.350). (b) Added loads: Added loads to the separate branches of the essential electrical system must be determined by subsection(s) of this section. (c) Generator sizing: The rating of the generator(s) supplying electrical power to the essential electrical system must meet or exceed the summation of the loads determined by (a) and (b) of this subsection with no additional demand factors applied. FPN: WAC 296-46B-517(2) 46. NEC Article 520.44 Deleted: The NEC Article 520.44 table is deleted and all references to Table 520.44 in NEC Article 520 are deleted. The ampacity of conductors shall be determined as provided in NEC Article 400. FPN: WAC 296-46B-520(2) 47. NEC Article 527.4(G) Amended: NEC Article 527.4(G) is amended by changing the first sentence to read as follows: On constructions sites, a box shall not be required for splices or junction connections where splices of conductors are less than 2.5 m (8 ft) from grade or floor level or where subject to contact from personnel. FPN: WAC 296-46B-527(2) ORDINANCE NO, 48. NEC Article 553.4 Amended: NEC Article 553.4 is amended to read as follows: The service equipment for floating buildings and similar facilities shall have a readily accessible service rated disconnect be located on the shoreline within sight of the shoreline connection of the dock, wharf or similar structure to which the floating building or similar facility is moored. FPN: WAC 296-46B-553(1) 49. NEC Article 553.6 Amended: NEC Article 553.6 is amended by adding new text following the first paragraph, to read as follows: Floating buildings or similar facilities shall have a disconnecting means located within sight of each floating building or similar facility. The disconnecting means shall be installed adjacent to but not in or on, the floating building or similar facility. FPN: WAC 296-46B-553(2) 50. NEC Article 553.7(B) Amended: NEC Article 553.7(B) is amended by adding new text following the first paragraph, to read as follows: Where flexible cables or cords are used they shall comply with Article 555.13(2). Conductors operating in excess of 600 volts, nominal, shall not be installed on floating portions of a floating building or similar facility. FPN: WAC 296-46B-553(3) and (4) 51. NEC Article 555.1 Amended: NEC Article 555.1 is amended by changing the last paragraph to read as follows: Private, non-commercial docking facilities constructed or occupied for the use of the owner or residence of the associated single family dwelling are covered by this article. FPN: WAC 296-46B-555(1) 39 ORDINANCE NO. 52. NEC Article 555.5 Amended: NEC Article 555.5 is amended to read as follows: Transformers and enclosures shall be specifically approved for the intended location. The bottom of enclosures for transformers shall be located a minimum of 12" above the deck of a dock. FPN: WAC 296-46B-555(2) 53. NEC Article 555.7 Amended: NEC Article 555.7 is amended to read as follows: The service equipment for floating docks or marinas shall be located adjacent to and within sight but not on or in, the floating structure. FPN: WAC 296-46B-555(3) 54. NEC Article 555.9 Amended: NEC Article 555.9 is amended by adding a new exception, to read as follows: Exception: Connections approved for wet locations. FPN: WAC 296-46B-555(4) 55. NEC Article 555.10(B) Amended: NEC Article 555.10(B) is amended by adding new text following the first sentence of subsection (B), to read as follows: (B) Location. All enclosures must be corrosion resistant, gasketed enclosures must be arranged with a weep hole to discharge condensation. FPN: WAC 296-46B-555(6) 56. NEC Article 555.13(B)(1) Amended: NEC Article 555.13(B)(1) is amended by changing the first paragraph to read as follows: (1) Overhead Wiring. Overhead wiring shall be installed to avoid possible contact with masts and other parts of boats being moored, stored, serviced or moved. FPN: WAC 296-46B-555(7) .X ORDINANCE NO. 57. NEC Article 555.19 Amended: NEC Article 555.19 is amended by adding new text following the first sentence, to read as follows: Shore Power Receptacles that provide shore power for boats must be rated not less than 20 amperes and must be single outlet type and must be of the locking and grounding type or pin and sleeve type. FPN: WAC 296-46B-555(8) 58. NEC Article 555.21 Amended: NEC Article 555.21 is amended by adding new text following the first sentence, to read as follows: (A) Boundary classifications. (1) Class I, Division 1. The area under the dispensing unit is a Class I, Division 1 location. If a dock has one or more voids, pits, vaults, boxes, depressions, or similar spaces where flammable liquid or vapor can accumulate below the dock surface and within 20' horizontally of the dispensing unit, then the area below the top of the dock and within 20' horizontally of the dispensing unit is a Class I, Division 1 location. FPN: WAC 296-46B-Figure 555-1 (2) Class I Division 2. The area 18" above the water line and within 20' horizontally of the dispensing unit is a Class I, Division 2 location. If a dock has one or more voids, pits, vaults, boxes depressions, or similar spaces where flammable liquid or vapor can accumulate below the dock surface and within 20' horizontally of the dispensing unit, then the area to 18" above the top and adjacent to the sides of the dock and within 20' horizontally of the dispensing unit is a Class I, Division 2 location. FPN: WAC 296-46B-Figure 555-2 FPN: WAC 296-46B-555(9) 41 ORDINANCE NO. (B) Portable power cable. Portable power cable will be allowed as a permanent wiring method in Class 1, Division 2 locations when protected from physical damage. FPN: WAC 296-46B-555(9)(b) 59. NEC Article 600.3 Amended: NEC Article 600.3 is amended by adding new text following the first paragraph, to read as follows: Electric signs within the scope of Underwriters Laboratories Standards for Electric Signs UL 48 shall be listed. Electric signs not covered under the Standards for Electric Signs UL 48 shall be required to be installed in conformance with this Code or be field evaluated by an accredited electrical products testing laboratory. FPN: WAC 296-46B-600(1) and (7) 60. NEC Article 600.10 Amended: NEC Article 600.10 is amended by adding new text following the first paragraph, to read as follows: (C) Wet or Damp Location. Portable or mobile signs in wet or damp locations shall comply with 600.10(C)(1) and (C)(2). Each portable or mobile sign shall have a receptacle outlet, which complies with 406.8(B), installed within 1.8 m (6 ft) of the sign. FPN: WAC 296-46B-600(5) 61. NEC Article 600.10 Amended: NEC Article 600.10 is amended by adding a new subsection (E), to read as follows: signs. (E) Supply. Extension cords shall not be permitted to supply portable or mobile FPN: WAC 296-46B-600(6) 62. NEC Article 600.21 Amended: NEC Article 600.21 is amended by adding a new subsection (G), to read as follows: 42 ORDINANCE NO. (G) Outside Awnings. Luminaires installed in outdoor awnings shall be of a type that is suitable for wet locations and be connected by a wiring method suitable for wet locations. Fluorescent luminaires shall be installed so that no part of the luminaire is located closer that 6" to the awning fabric. Incandescent luminaires shall be installed so that no part of the luminaire is located closer than 18" to the awning fabric. Luminaires installed in outside awnings shall be controlled by a disconnect installed in conformance with 600.6. FPN: WAC 296-46B-600(2) and (3) 63. NEC Article 600.30 Amended: NEC Article 600.30 is amended to read as follows: Applicability. Part II of this article shall apply to all field -installed skeleton tubing and neon circuit conductors. These requirements are in addition to the requirements in Part I. FPN: WAC 296-46B-600(8) 64. NEC Article 680.4 Amended: NEC Article 680.4 is amended by adding new text following the first paragraph, to read as follows: Electrical components, which have failed and require replacement, shall be replaced with identical products unless the replacement part is no longer available; in which case, a like -in - kind product may be substituted provided the mechanical and grounding integrity of the equipment is maintained. FPN: WAC 296-46B-680(8) 65. NEC Article 680.12 Amended: NEC Article 680.12 is amended by adding a new subsection (A), to read as follows: 43 ORDINANCE NO. (A) Location. The maintenance disconnect for a swimming pool, hot tub, spa, or swim spa shall not be located closer than 5' from the inside wall of the pool, hot tub, spa, or swim spa. FPN: WAC 296-46B-680(4) 66. NEC Article 680 Amended: NEC Article 680 is amended by adding a new Section, 680.13, to read as follows: 680.13 Field Installed Equipment. Field installed electrical equipment for a swimming pool, hot tub, spa or swim spa shall not be located closer than 5' from inside wall of the swimming pool, hot tub, spa or swim spa. The 5' separation may be reduced by the installation of a permanent barrier, such as a solid wall, fixed glass windows or doors, etc. The 5' separation shall be determined by the shortest path or route that a cord can travel from the spa, hot tub, swim spa, or swimming pool to the equipment. Field installed electrical equipment must meet the following additional requirements: (1) Heaters are listed as a "swimming pool heater or a spa heater"; (2) Pumps are listed as a "swimming pool pump" or "spa pump" or "swimming pool/spa pump"; (3) Other equipment such as panelboards, conduit, and wire are suitable for the environment and comply with the applicable codes. (4) The field assembly or installation of "recognized components" shall not be permitted. FPN: WAC 296-46B-680(4) 67. NEC Article 680.40 Amended: NEC Article 680.40 is amended by adding new subsections (A) and (B), to read as follows: ORDINANCE NO. (A) Modular, Self -Contained Spa or Hot Tubs. Equipment assemblies for self- contained spas or hot tubs shall be installed within 1.5 m (5 ft.) from the inside wall of the spa or hot tub. Equipment assemblies shall be listed or field evaluated as a unit with the spa or hot tub FPN: WAC 296-46B-680(1) (B) Packaged Spa or Hot Tub Equipment Assemblies. Equipment assemblies (skid pack) pre -packaged by a factory shall not be installed closer than 1.5 m (5 ft.) from the inside wall of the spa or hot tub and shall be listed as a package unit. FPN: WAC 296-46B-680(2) 68. NEC Article 680.70 Amended: NEC Article 680.70 is amended by adding new text following the first paragraph, to read as follows: Hydromassage bathtubs must be listed as a unit and bear a listing mark which reads "Hydromassage bathtub." FPN: WAC 296-46B-680(6) 69. NEC Article 700.9(A) Amended: NEC Article 700.9(A) is amended to read as follows: (A) Identification. All boxes and enclosures larger than 150 mm (6 in.) by 150 mm (6 in.) (including transfer switches, generators and power panels) for emergency circuits shall be permanently marked with an identification plate that is orange in color so they will be readily identified as a component of the emergency circuit or system. All other device and junction boxes for emergency systems and circuits must be orange in color, both inside and outside. FPN: WAC 296-46B-700(4) 70. NEC Article 760.10 Amended: NEC Article 760.10 is amended by adding new text following the first paragraph, to read as follows: 45 ORDINANCE NO. Device and junction boxes for fire alarm systems other than the surface raceway type, shall be red in color, both inside and outside. Power -limited fire protective signaling circuit conductors shall be durably and plainly marked in or on junction boxes or other enclosures to indicate that it is a power -limited fire protective signaling circuit. FPN: WAC 296-46B-700(3) M ORDINANCE NO. 72. FIGURES AND DRAWINGS a. WAC 296-4613-230 Drawing E-101 47 15 O YWO - GABLE TYPE Noa����old, or Equal ~ 0 MiL 450 � sii� Dta1 st,uaturd ..-IV jmd RimF�SMhterials 5116M U-golts 2W Backing Asnctffmfft see DaftM 1 w"Weatchead Drop Seivine Hcankef mil on9 i0l) Cam, Cyd= GUYING - gTiFF LEG TYPE Fence Camp or Equal with IV nfL . Bolt Siza Weatlfhei '-:-Y dcr to 9tp B�3°g Datail2 Betwem �aat aad Gaivarazed Thimble Risdd and Cable Cam. Stied Conduit Fk*wg oar 1<imdC 7 Galvmiaed Bolt By* -Bolt Apat _-- _ _ _ _ _ _ _ _ _ - -- - ---------- Method oPGruylaR V4" Rigid Gafv. C Ddait V . or Equal. Ends Flattonod and Drilled Sluirp Bd 450 Mm, No Radius es Sea Detail 2 MAST OVER 26" HIGH strw, Framing Rod Fbish Matcnals 5116" U-Bolts 2kx4" Big Steel duxt--., Fm �M' 19. Service chop Weatherhead—.y, Service Bracket -� Service Drop No. 6 Coppcald, Flashing; Aazaft le —�.. �- or Eqpd Galvanized 18" Min. Pipe Clamp. Galmib ed Rigid Steel Lag Bolts ,�— Conduit Into Framing Flashing Mk bea Heavy -Wall _ S rut-TCba�e Ratters Seal with With Hnle Fig or __ Bored For Mastic. 'ram, Aggroved snug Fit Eye -bolt Galvanized Optional. �� Rigid Steel Not Wire Conduit *avy--wall Typical Strat Tjrpe Cbanncl ' Front View MAST OVER 26" HIGH MAST NOT OVER 2P HIGH SEE NOTE 6 Servios Mast Installation Details Drawing E 103 0 1 , ORDINANCE NO. d. Figure 450-1 and 450-2 from WAC 296-46B Approved TrenSfMrner �sur�a.0 Area F1gure 4-1 Approved �ti�Ctitd�*i(a � fl:i{�Ca Area �utta�r Fig 450,2 50 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1091:1/27/04:ma Kathy Keolker-Wheeler, Mayor 2004. 51 CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: February 2, 2004 Dept/Div/Board.: Development Services Division Agenda Status Staff Contact...... Arneta Henninger X7298 Consent .............. X Public Hearing.. Subject: SUNNYBROOK FINAL PLAT Correspondence.. File No.: LUA 03-103FP (Preliminary Plat LUA 01- Ordinance ............. 127) Resolution ............ X Old Business........ New Business....... Exhibits: 1. Resolution and legal description Study Sessions...... 2. Staff report and Recommendation January 19, 2004 Information......... Recommended Action: Council concur Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Project Budget N/A SUMMARY OF ACTION: Approvals: Legal Dept ......... X Finance Dept...... Other ............... Transfer/Amendment...... . Revenue Generated......... City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 35.02 acres into 115 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Sunnybrook Final Plat, LUA 03-10317P, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. I:\Projects\SUNNYBROOKAGNB.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SUNNYBROOK; FILE NO. LUA-03-103) WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 35.02 acres, is located in the vicinity of S. 38` Ct. and Smithers Avenue S.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 19, 2004. PASSED BY THE CITY COUNCIL this day of 12004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1033:1/28/04:ma LEGAL DESCRIPTION PARCEL 1: THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHING TON; EXCEPT THAT PORTION LYING WITHIN A 60 FOOT STRIP OP LAND CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1597513; AND EXCEPT THE EAST 30 FEET OF SAID SUBDIVISION. TOGETHER WITH A PERPETUAL EASEMENT FOR ROAD PURPOSES OVER, ACROSS AND UPON SAID EXCEPTED EAST 30 FEET. PARCEL 2: THE WEST 660 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; PARCEL 3: THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OP SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF COUNTY ROAD CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1597513, EXCEPT THE EAST 1.5 ACRES OF THE NORTH 150 FEET THEREOF,• AND EXCEPT THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUA TER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 29. FROM WHENCE THE SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 86 50'15" WEST, 580.86 FEET - THENCE NORTH 0028'30" EAST, 178.95 FEET, MORE OR LESS, TO A POINT WHICH LIES 150 FEE T SOUTHERLY OF THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29; THENCE NORTH 87'08"32" EAST ALONG A LINE PARALLEL WITH AND 150 FEET SOUTHERLY OF SAID NORTH LINE 421.86 FEET, MORE OR �Ef ", TO THE NORTHWEST MARGIN OF COUNTY ROAD; THENCE SOUTHWESTERLY ALONG SAID ROAD MARGIN 185.80 FEET TO SAID SOUTH LINE OF SECTION 29; THENCE SOUTH 86 50'15" WEST ALONG SAID SOUTH LINE 374.66 FEET, MORE OR LESS, TO TRUE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29 LYING WESTERLY OF COUNTY ROAD CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1597513, EXCEPT FROM SAID EASEMENT THE WESTERLY 580.86 FEET. SUNNYBROOK SEC. 29 & 30, TWP. 23N., RGE, 5E., W.M. LEGAL DESCRIPTION OWN. BY. DATE. I JOB NO. "ETER-SON LTING 4030 Lake Washington Blvd. ME, Suite 200 Kirkland, WA 98033 Tel (425) 827-5874 Fax (4257 822-7216 AWG 1 1-20-04 1 TADI-0008 CHKD. BY- I SCALE.• N TS PARCEL 4- LEGAL DESCRIPTION (CONTD) THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF PLAT OF TALBOT HILL HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 59 OF PLATS, PAGE 88, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 5: THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WEST OF I.G. CARR ROAD REVISION NO.3 AS CONVEYED TO KING CO. BY DEED NO. 1597513; EXCEPT THE WEST 660 FEET THEREOF. - AND EXCEPT THAT POR77ON THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29. THENCE NORTH 01 52'36" EAST, 665.,35 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID SUBDIVISION: THENCE NORTH 8726'49" EAST ALONG SAID NORTHERLY LINE 993.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0233'11 " EAST, 78.00 FEET, - THENCE NORTH 8726'49" EAST PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 152.45 FEET MORE OR LESS, TO THE NORTHWESTERLY MARGIN OF THE I.G. CARR ROAD REVISION NO. 3 AS CONVEYED TO KING CO. BY DEED NO. 1597513; THENCE NORTHEASTERLY ALONG SAID MARGIN 115.09 FEET, MORE OR LESS, TO THE NORTHERLY LINE OP SAID SUBDIVISION; THENCE SOUTH 872649" WEST ALONG SAID NORTHERLY LINE 237.08 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 6: THAT PORT70N OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC77ON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 01'5236" EAST, 665.35 FEET, MORE OR LESS TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE NORTH 8726'49" EAST ALONG SAID NORTHERLY LINE 993.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 02 33'11 " EAST, 78.00 FEET - THENCE NORTH 8726'49" EAST PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 152.45 FEET MORE OR LESS, TO THE NORTHWESTERLY MARGIN OF THE COUNTY ROAD AS CONVEYED TO KING CO. BY DEED RECORDED UNDER RECORDING NO. 1597513, THENCE NORTHEASTERLY ALONG SAID MARGIN 115.09 FEET, MORE OR LESS TO THE NORTHERLY LINE OF SAID SUBDIVISION, THENCE SOUTH 872649" WEST, ALONG SAID NORTHERLY LINE 237.08 FEET, MORE OR LESS, TC THE TRUE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SEC. 29 & 30, TWP. 23N., RGE. 5E., W.M. PETERSON CONSULTING 4030 Lake Washington Blvd. N.E., Suite 200 Kirkland, WA 98033 Tel (4257 827-5874 Fax (425) 822-7216 OWN. BY' A WG SUNNYBROOK LEGAL DESCRIPTION DATE_ I JOB NO. 1- 20- 04 1 TADI - 0008 CHKD. BY, I SCALE.- N TS m 405 z Ay Z � p P `" N S :15TH ST. FLA o a Q�GG x S 16TH ST. �� S n 4�G �BT SE 16TH PL. m S 17TH ST. ti S `n (n' S 18TH ST. tom. N S 19TH ST.' o; Sf '8ry o < At pUGET DR. Z i ROLUNG HILLS AVE. 0 SW 21ST ST. S 23R0 ST. o . c W afOf S 25TH ST. w S� sTti < m w-Sr liQ S 27TH- ST. $E..164TH ST. 1�ft - - LJ p �Tti . _; -- -I---___ �.i < Q i o+ wl vi o per' SE 31 ST ST. <�-_---__� _ w w 1N 6 S 33RD AVE. N oa N o=1 o w = i 34TH ST. S -- `iS 35TH SE_ 172N01ST. - I N yam, 3 sr N E.174TH S s-o SITE --- SEC. 29 & 30, TWP. 23N., RGE. 5E., W.M. PETERSON ONSULTING 4030 Lake Washington Blvd. N.E., Suite 200 Kirkland, WA 98033 Tel (425) 827-5874 Fax (425) 822-7216 VICINITY MAP DWN. BY- DATE.• JOB NO. AWG 1-20-04 TADI-0008 CHKD. BY- SCALE: N TS N 89 20'49" W 396.57' S. 35TH ST. TRACT D ' DETENTION I � � TRACT C h I TRACT E OPEN SPACE OPEN SPACE 2 I N 87'45'28" E 1290.02' TRACT A 2 63 64 89 95 97 98 99 100 101102 103 10 10 OPEN rn SPACE CN C Q 1 81 88 90 96 AND REC. h 82 O I ,� 87 2 83 a 91 85 92 9 94 m 62 84 86 80 110 111 112 113 ti N 60 3 61 to 79 114 77 7 115 'vim 4 55 65 74 75 76 TRACT ✓ 59 66 71 72 73 OPEN SPACE 5 67 68 69 70 TRACT l S. 37TH ST. TRACT F 54 RECREA AON / PEDESTRIAN 6 58 L-�16.17' IACCESS TRACT 7 y 53 57 TRACT B R=412.04' I 8 �ti Q= 43 5S1" 52 56 NGPE TRACT B o /7' NGPE 9 51 10 � 49 48 E 107 I 50 �^• v 11 4 4 $.37T'H PL. N 7'0 '4 " RACT N `rq'y DEtENT10N N 89 03 18" W �j TRACT 8 =/ NGPE / 31 30 29 ]28 Lu m v / 122.34' m l N. T.S. i �_ N 12 13 14 l5 16 17 18 19 20L222 23 24 25 26 27 2 �� I —PCONSULTING N 89b318 W 339.93 N 86.5 6 50'26 E 580.86' Z 40 41 42 43 44 45 46 n47 39 38 37 36 35 34 33 32 DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Waterbury, LLC Sunnybrook Final Plat (Preliminary Plat LUA 01-127PP) File: LUA 03-103FP S 38th Ct and Smithers Ave S Section 29 and 30, Twp. 23 N. Rng. 5 E. Final Plat for 115 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. 2. 3. 4. 5. 6. 7. 8. 9. The applicant, Waterbury, LLC, filed a request for approval of a 115 lot Final Plat. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on March 12, 2002, for the subject proposal. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at S 38th Ct and Smithers Ave S. The new plat is located in Section 29 and 30, Twp. 23 N. Rng. 5 E. The subject site is a 35.02 acre parcel. The Preliminary Plat received City of Renton Council approval on June 24, 2002. The majority of the property is located within the R-8 zoning designation with the exception of the eastern acres of the site, which is designated R-10. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. The applicant shall comply with the recommendations contained within the Geotechnical Report prepared by Cornerstone Geotechnical, Inc. dated April 11, 2001 with regard to site preparation, grading, structural fill, foundations, and drainage. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the issuance of building and construction permits for the project. The applicant has constructed the plat of Sunnybrook in accordance with the approved construction drawings, which conform to the recommendations stated in the Geotechnical Report. 2. The applicant shall install and maintain the following temporary erosion control measures to the satisfaction of the representative of the Development Services Division for the duration of the project: The applicant installed temporary erosion control measures as shown on sheets ER-01 through ER-06 on the approved engineering drawings. The applicant has also maintained these measures throughout construction, which have been monitored by City of Renton's construction inspector. 3. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in of the King County Surface Water Design Manual. This will be required during the construction of both off -site and on -site improvements as well as building construction. Silt fencing has been installed, in conformance with the specifications presented in the King County Surface Water Design Manual, along the down slope perimeter of the area that is to be disturbed. This silt fencing will be maintained throughout plat infrastructure and building construction. 4. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in KCSWDM. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off -site and on -site improvements as well as building construction. Both temporary interceptor and permanent bypass swales have been installed to intercept surface water flow and route flow away from the construction area to a stabilized discharge area. Per approved construction plans, sheets ER-01 through ER- 06, these systems were constructed in accordance with specifications presented in the KCSWDM. S. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. The project contractor has performed daily checks and necessary maintenance of all erosion and sedimentation control measures at the site on all construction. City of Renton's inspector has also been on site periodically to verify maintenance of these TESC measures. SUNNYBROOKFP.DOC/ 6. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. Ongoing reports on the status of the erosion control plan have been submitted by the project Engineer to the public works inspector. 7. The plat shall be redesigned to eliminate the construction of public improvements (roadways and utilities) within the high coal mine hazard areas on the site. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. The plat has been redesigned to eliminate the construction of public improvements within the high coal mine hazard areas. This redesign was approved by the City of Renton's Development Services Division August 12, 2002. 8. The applicant shall comply with the recommendations contained within the Coal Mine Assessment prepared by Icicle Creek Engineers, Inc. dated July 31, 2001 with the exception of the recommended allowance of public improvements within the high hazard area. The applicant has complied with the recommendations of the Coal Mine Assessment prepared by Icicle Creek Engineers, Inc. dated July 31, 2001. 9. The applicant shall place a note on the face of the plat, as well as record a restrictive covenant, which states the following: COAL MINE HAZARD NOTICE The lots created herein may fall within a coal mine hazard area as identified by a Geotechnical Engineer at the time of this subdivision. Presence of such a hazard may trigger mitigation measures at the time of construction. The satisfaction of this requirement shall be subject to the review and approval of the City Attorney and the Property Services Section prior to the recording of the plat. The above Coal Mine Hazard Note has been added to sheet 2 of 9 of the final plat. The applicant understands that this note will be reviewed by City staff at the time of final plat review. 10. The applicant shall appropriately design the surface water detention system to provide detention for the 100 year storm event with a 30% safetyfactor. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the issuance of Construction Permits for the project. The surface water detention system has been designed to provide detention for the 100- year storm event with a 30% safety factor, per City of Renton requirements and as approved on sheet DT-01 of the engineering drawings. SUNNYBROOKFP.DOC/ 11. The applicant shall comply with the Wetland Study Report and Mitigation Plan prepared by Talasaea Consultants, LLC dated March 4, 2002. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. The applicant has complied with the Wetland Study Report and Mitigation Plan as prepared by Talasaea Consultants dated March 4, 2002. 12. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. During site preparation and construction, a silt fence was installed utilizing colored construction flagging to indicate the boundaries of the wetland area and buffer. 13. After the development of roadway and utility improvements, the applicant shall install permanent signage and fencing (i.e., wood split rail) in order to prevent intrusion and provide identification of the wetland areas and buffers. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. When the development of roadway and utility improvements are complete, permanent signage and fencing will be installed to prevent intrusion and provide identification of the wetland areas and buffers. 14. The applicant shall establish a Native Growth Protection Easement for all wetland area and buffers. A draft copy of the easement shall be approved by the Citys Property Services Section and the City Attorney prior to recording. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. The applicant has established Native Growth Protection Tracts for all wetland areas and buffers, as shown on sheet 5 through 10 of the final plat. The applicant understands that these tracts will be reviewed by City staff at the time of final plat review. 15. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family residence with credit given for the existing home and $388.00 per multi- family unit. The payment of the fee is required prior to the recording of the plat. The applicant will pay the appropriate Fire Mitigation Fee, based on the given rates, prior to the recording of the plat. 16. The applicant shall design and construct channelization improvements to restrict left hand turns from the development (east bound) onto Carr Road. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. An alternative to this requirement was worked out with City staff in order to satisfy this condition. 17. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 per new trip generated by the project prior to the recording of the plat. The applicant will pay the appropriate Traffic Mitigation Fee based on the rate listed above, prior to the recording of the plat. SUNNYBROOKFP.DOC/ 18. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per new single family residence with credit given for the existing home and $354.51 per multi- family unit. The payment of the fee is required prior to the recording of the plat. The applicant will pay the appropriate Parks Mitigation Fee based on the rate listed above. This fee will be paid prior to the recording of the plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. A covenant which addresses the approved density of the site and the dwelling unit mix approved with the plat shall be created concurrently with the recording of the plat. A draft of the document(s), shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services prior to the recording of the plat. A Conditions, Covenants & Restrictions document will address site density requirements and was submitted for review at time of final plat submittal. The applicant understands that the CC&R's will be reviewed by all appropriate City staff at this time. The document was reviewed by Larry Warren, City Attorney, and was approved as to legal form. 2. As part of the development of the site, the applicant shall extend the Kennedy Drive right-of- way to the northern property line. The satisfaction of this requirement, including the appropriate dedication and improvement of the roadway, shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. Kennedy Drive was eliminated from the plans in efforts to comply with SEPA mitigation measure number 7 & plat approval condition number 5, and as a component of approved plat revision number one, dated August 12, 2002. 3. The applicant shall provide for the extension of street improvements to establish a through connection for South 37`h Street west of the site. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recoding of the plat. Due to the topography of the site, an extension of South 37th Street west to the adjacent plat would not be feasible under code requirements limiting maximum street grades to 15%. Therefore, as a component of approved plat revision number one, dated August 12, 2002, this requirement was waived. A pedestrian path was required in lieu of construction the road connection (see #4 below). 4. The applicant shall establish a paved pedestrian walkway connection from the plat to Talbot Road South, located west of the site. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. A pedestrian 'walkway has been added to the plat construction drawings and subsequently approved by the City of Renton. This path runs West from Smithers Avenue South, between Lots 5 & 6, to Morris Avenue South, which connects to Talbot Road South via sidewalks. This pedestrian route was approved as a component of approved plat revision number one, dated August 12, 2002. 5 SUNNYBROOKFP.DOC/ S. The applicant shall revise the preliminary plat such that all public improvements (roadways and utilities) are located outside of the designated high coal mine hazard areas. The satisfaction of this requirement, including the redesign of the plat in conformance with the R- 8 and R-10 standards, shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. The plat has been redesigned to eliminate the construction of public improvements within the high coal mine hazard areas. This redesign was approved by the City of Renton's Development Services Division August 12, 2002. 6. The applicant shall install permanent signage at visible locations around the perimeter of the high coal mine areas in order to provide adequate notice to residents or visitors that there are known coal mine hazards in this area. The satisfactions of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the plat. When the development infrastructure improvements are complete, permanent signage at visible locations around the perimeter of the high coal mine areas will be installed. 7. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for all shared improvements within this development. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the short plat. A homeowner's association agreement with maintenance responsibility language was submitted for review at time of final plat submittal. The applicant is with the understanding that this document will be reviewed by all appropriate City staff at this time. The Declaration of Covenants, Conditions and Restrictions were approved by Larry Warren, City Attorney, as to legal form. 8. The applicant shall post signs noting that all stub roads may be opened to through traffic in the future. When the development infrastructure improvements are complete, permanent signage will be installed providing notice that roads may be open to through traffic in the future. 9. The applicant shall comply with the conditions imposed by the ERC. The applicant has complied with the conditions imposed by the ERC. 10. The applicant shall not clear or grade the site during what are normally the wet months of the year. Staff shall require appropriate temporary controls if such work shall not be completed during the dry months. The applicant has completed plat clearing & grading utilizing City of Renton guidelines. 11. If the plat is redesigned all parties of record shall be notified in writing and shall have a right to appeal the modification if they are determined to be minor. The applicant followed City of Renton guidelines for obtaining approval of plat amendments. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. SUNNYBROOKFP.DOC/ RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 19TH DAY OF JANUARY, 2004 DEVELOPMENT SERVICES DIVISIO 7 SUNNYBROOKFP.DOC/ CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Victoria Runkle, Administrator Subject: Bad Debt Write Off Exhibits: 1. Issue Memorandum 2. Listing of Outstanding Charges Deemed Uncollectible Al #: For Agenda of - February 2, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Legal Dept......... Refer to Finance Committee Finance Dept..... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: In accordance with Policy & Procedure 220-03, Finance staff submits to the Council's Finance Committee a detail list of outstanding debts totaling $97,782.36. These debts have been deemed uncollectible. STAFF RECOMMENDATION: Finance staff asks Council to approve the write off the listed bad debt accounts. M HAFINANCE ADWNSUPQ_AgendaBills\Bad Debt —January 2004.doc 1► 04 CITY OF RENTON seLtR Finance & Information Services Department MEMORANDUM Date: January 19, 2004 To: Don Persson, Council President City Councilmembers Via: ��Kathy Keolker-Wheeler, Mayor From: Victoria Runkle, Finance & IS Administrator Subject: Bad Debt Write Off As per City Policy & Procedure 220-03, bad debt over $100.00 that has been deemed uncollectible can only be written off from the City's accounting records after approval by the City Council's Finance Committee. A detail list of each bad debt account follows this memorandum. The total value of debt submitted for write off is $97,782.36. Of this total, $91,804.79 relates to various utility accounts, and a total of $5,977.57 relates to NSF checks. Annually, Finance staff reviews the outstanding debt and bad checks and then turns these debts over to a collection agency. After 24 months, Finance staff reviews the uncollected outstanding debts with the collection agency to identify debts that cannot be collected for a variety of reasons. Finance staff requests the Finance Committee's approval to write off the listed debts from the City's accounting records. VAR/EG/dlf cc: Jay Covington, Chief Administrative Officer Derek Todd, Assistant to the CAO Elaine Gregory, Fiscal Services Director Norma Kuhn, Accounting Assistant, A/R Elloyce Sumpter, Utility Billing Supervisor H:IFINANCEIADMINSUPIS_IssuePapers_mertas to Cound or MayorlBad Debt Menw_January 2004.da CITY RENTON OUTSTANDING CHARGES DEL,._�,D UNCOLLECTIBLE OVER $100.00 Detail of NSF's/AR/Utility Billings Uncollectible Accounts over $100.00 Utility Uncollectibles NAME SERVICE ADDRESS REF # CUST # AMOUNT REASON AURELIO BAZ 1717 EDMONDS WAY SE 270209BR 22001 $ (1,422.55) BANKRUPTCY C SHARP 712 S 32ND ST 340618BR 21703 $ 192.61 BANKRUPTCY DALILA AGTANI 375 UNION AV SE UNIT 156 960156 15740 $ 135.20 BANKRUPTCY DARCY KENYON 5101 LAKE WA BLVD NE 490904 9194 $ 519.10 BANKRUPTCY JERRY REMOLIF 5022 ABERDEEN AV NE 980116 16154 $ 382.07 BANKRUPTCY LINDA PHAN 2413 MEADOW AVE N 470124BR 22002 $ 436.20 BANKRUPTCY MICH AFL AND BRENDA SHINAUL 911 S 30TH PL 760113B 14367 $ 500.45 BANKRUPTCY NISSA LIPPAI 3801 NE 7TH ST 400402 7126 $ 153.00 BANKRUPTCY PEGASUS PIZZA AND PASTA 4201 NE SUNSET BLVD 440380A 7989 $ 2,092.97 BANKRUPTCY R FETTERLY 956 FIELD AVE NE 600306BR 22003 $ 659.10 BANKRUPTCY RAMAC INC 105 SW 7TH ST 250511BR 22000 $ 263.71 BANKRUPTCY BONNELL FAMILY LLC 225 SW 7TH ST 250531B 5120 $ (2,975.491 BANKRUPTCY FOR JIMMY MACS BONNELL FAMILY LLC 225 SW 7TH ST 800385B 15167 $ (1,507.78) BANKRUPTCY FOR JIMMY MACS BONNELL FAMILY LLC 225 SW 7TH ST IRRIGATION 250518B 5108 $ 227.11 BANKRUPTCY FOR JIMMY MACS KMART 440 RAINIER AVE S 240582BR 21998 $ 4,764.07 BANKRUPTCY KMART GREATER HIGHLAND LLC 2828 SUNSET LN NE 980099 16137 $ 2,936.36 BEAUTY SCHOOL CLOSED/UNCOLLECTIBLE JOHNNY ANGELS 3150 NE SUNSETBL 980219 16223 $ 582.12 BUSINESS CLOSEDHUNCOLLECTIBLE ANMARCO 520 MONSTER RD SW 980065 16103 $ 3,251.96 BUSINESS CLOSED/UNCOLLECTIBLE AUTO CONNECTIONS INC 515 MONSTER RD SW 980298 16286 $ 447.38 BUSINESS CLOSED/UNCOLLECTIBLE BONNELL FAMILY LLC 757 RAINER AVE S 980023 16061 $ 985.71 BUSINESS CLOSED/UNCOLLECTIBLE DOVE MINISTRIES 97 S TOBIN ST 980397 16370 $ 380.38 BUSINESS CLOSED/UNCOLLECTIBLE HILAND MEDICAL CENTER 2838 NE SUNSET BLVD 980165 16184 $ 1,174.98 BUSINESS CLOSED/UNCOLLECTIBLE HORIZONS WEST 607 S 3RD ST 980378 16351 $ 580.84 BUSINESS CLOSED/UNCOLLECTIBLE MAYTAG VILLAGE SQUARE LAUNDRY 1222 BRONSON WAY N 980077 16115 $ (601.87) BUSINESS CLOSED/UNCOLLECTIBLE MOBIL COMMERCIAL AUTO REPAIR 302 WHITWORTH AVE S 980050 16088 $ (31 1.74) BUSINESS CLOSED/UNCOLLECTIBLE MOBIL ONE AUTO 302 WHITWORTH AV S 980264 16253 $ 495.54 BUSINESS CLOSED/UNCOLLECTIBLE NICKS TLC 315 SE SUNSET BL #A 980427 16400 $ 993.52 BUSINESS CLOSED/UNCOLLECTIBLE NO BULL SALOON 1190 SUNSET BL NE 980206 16215 $ 241.08 BUSINESS CLOSED/UNCOLLECTIBLE REGIS CORPORATION #6773 601 S GRADY WY 980421 16394 $ 580.67 BUSINESS CLOSED/UNCOLLECTIBLE VILLAGE SQUARE DELI AND ESPRESSO 1222 BRONSON WAY N 980066 16104 $ (515.17) BUSINESS CLOSED/UNCOLLECTIBLE A&M WAREHOUSES 1801 SW 16TH ST 980388 16361 tS 29 642.52 BUSINESS GONE/BANKRUPTCY/UNCOLLECTIBLE F/F/Adminsuppt/Finance Committee/2003 UNCOLLECTIBLE WRITE OFFS_version2.xlsOver 100.00 CITY RENTON OUTSTANDING CHARGES DEL- -D UNCOLLECTIBLE OVER $100.00 NAME SERVICE ADDRESS REF # CUST # AMOUNT REASON GOLDEN BRUSH 930 HARRINGTON AVE NE 980069 16107 $ 2,665.82 BUSINIESS CLOSED 1 1/2002 UNCOLLECTIBLE CHRIS JANSEN 618 PARK AV N 980031 16069 $ 233.86 DELETED ACCOUNT/UNCOLLECTIBLE KEN KING 350 SUNSET VL N #B 980075 16113 $ 211.31 DELETED ACCOUNT/UNCOLLECTIBLE VICTORIA GILLAN 201 UNION AVE SE UNIT 27 970027A 15815 $ 215.74 DELETED ACCOUNT/UNCOLLECTIBLE RENTON CIVIC THEATER 1010 THOMAS AVE SW 980103 16141 $ (6,221.951 DISPUTED CHARGES. UNDER NEW OWNERSHIP. VIRGIL FOX 1212 SW 16TH ST 650387 13097 $ (1,093.89) SERVICE GONE W BRYANT 1316 BRONSON WY N 010178 134 $ 2,403.46 SERVICE GONE CHRIS STEVENSON 2100 LK WA BLVD N 950079 15558 $ (698.89) TRAILER PARK REDEVELOPED/UNCOLLECTIBLE FRANK ZSITVAY 2100 LK WA BL N 950081 15560 $ (215.56) TRAILER PARK REDEVELOPE D/UNCOLLECTIB LE GORDON COOPER 2100 LK WA BL N 950102 15580 $ (283.18) TRAILER PARK REDEVELOPED/UNCOLLECTIBLE JEFFREY BOYER 2100 LK WA BL N 950085 15564 $ (479.40) TRAILER PARK REDEVELOPED/UNCOLLECTIBLE KATHERIN STOPHER 2100 LAKE WASH BL N 950052 15532 $ (176.11) TRAILER PARK REDEVELOPED/UNCOLLECTIBLE V & N CONSTRUCTION 1005 GRANT AV S 980968 16738 $ 524.81 UNCOLLECTIBLE TEMP GARBAGE STEVE SCHECTER 7227 S 180TH ST 310991 6475 $ 581.55 UNCOLLECTIBLE OLD CHARGES/NO LIEN BECK PETROLEUM 4044 NE SUNSET BL 980944 16714 $ 303.79 UNCOLLECTIBLE TEMP GARB A -AFFORDABLE ENTERPRISES 1164 ABERDEEN AV NE 980710 16480 $ 118.94 UNCOLLECTIBLE TEMP GARBAGE AMERICAN APEX CORP 280 2W 43RD ST 980631 16460 $ 601.49 UNCOLLECTIBLE TEMP GARBAGE CASLE ROCK 1600 S EAGLE RIDGE DR 980010 16048 $ 1,449.89 UNCOLLECTIBLE TEMP GARBAGE CENTRAL CONTRACTING INC 601 MAIN AV S 980856 16626 $ 1,604.79 UNCOLLECTIBLE TEMP GARBAGE CHRIS LONG 1901 HARRINGTON CR NE 980638 16467 $ 275.55 UNCOLLECTIBLE TEMP GARBAGE CONVERGENT COMMUNICATIONS 500 NACHES AV SW STE 101 980624 16453 $ (165.321 UNCOLLECTIBLE TEMP GARBAGE EDWARD BEETEM 1507 KIRKLAND AV NE 980907 16677 $ 330.24 UNCOLLECTIBLE TEMP GARBAGE HENRY BUILDERS 3600 MONTEREY CT NE 980901 16671 $ 457.04 UNCOLLECTIBLE TEMP GARBAGE LEADING EDGE CONSTRUCTION 2205 DUVALL AV NE 980904 16674 $ 728.15 UNCOLLECTIBLE TEMP GARBAGE ON THE LEVEL REPAIR 851 MONROE AV NE 980726 16496 $ 127.70 UNCOLLECTIBLE TEMP GARBAGE PATRICIA CRABTREE 1025 MONROE AV NE 980887 16657 $ 229.67 UNCOLLECTIBLE TEMP GARBAGE PATS ROOF CARE 911 NE 2ND ST 980786 16556 $ 1,024.22 UNCOLLECTIBLE TEMP GARBAGE TERRY SMITH 908 FERNDALE CR NE 980961 16731 $ 507.02 UNCOLLECTIBLE TEMP GARBAGE TJ & CO 1053 LYNNWOOD AV NE 980848 16618 $ 674.68 UNCOLLECTIBLE TEMP GARBAGE WASTE MGMT ORANGE COUNTY 801 SW 16TH ST 980615 16444 $ 3,018.26 UNCOLLECTIBLE TEMP GARBAGE TRICON BUILDERS 1808 GLENNWOOD AV SE 980793 16563 $ 449.00 UNCOLLECTIBLE TEMP GARBAGE SLAPSHOT 1432 PARK AV N 1 020066 1 242 $ (3,780.26) UNCOLLECTIBLE/PRIOR BUSINESS GONE TOTAL UTILITY UNCOLLECTIBLES $ (91,804.79) F/F/Adminsuppt/Finance Committee/2003 UNCOLLECTIBLE WRITE OFFS_version2.xlsOver 100.00 CITY ZENTON OUTSTANDING CHARGES DEE,.._—J UNCOLLECTIBLE OVER $100.00 NSF CHECKS NAME CHECK DATE AMOUNT COMMUNITY CENTER Bland, Shalimar 6/26/2001 $ 170.00 Morrow, Raymond J 7/3/2002 $ 120.00 Kieke, Michael C 9/19/2002 $ 168.00 Subtotal Community Center $ (458.00) MAPLEWOOD GOLF COURSE Zachow, Douglas 3/29/2001 $ 174.99 Blair, Wend 4/26/2001 $ (113.75 Blair, Wend 5/3/2001 $ 150.00 Blair, Wend 5/10/2001 $ 102.20 McKinney, Ronald 9/5/2001 $ 2,368.00 Meyer, Theresa 9/6/2001 $ 242.99 Harris, John 9/26/2002 $ 215.25 Ra mundo, Ramon T 10/10/2002 $ 179.42 Rose, Brandon Lee 10/10/2002 $ (136.97 Subtotal Maplewood Golf Course $ (3,683.57) POLICE DEPARTMENT Smith Charlete 11/29/2000 $ 185.00) Wiggins, Anthony6/4/2001 $ (345.00) Dollente, Jesse 11/21/2001 $ 186.00 Mills, Gloria Jean 1/11/2002 $ 300.00 Subtotal Police Department $ 1,016.00 PLANNING BUILDING PUBLIC WORKS Gordon Construction 2/16/2001 $ 820.00 Subtotal PBPW $ (820.00) TOTAL ALL NSF'S OVER $100.01 $ (5,977.57) TOTAL REQUESTS FOR WRITE OFF $ (97,782.36) Electronic Home Detention Electronic Home Detention Electronic Home Detention Electronic Home Detention F/F/Adminsuppt/Finance Committee/2003 UNCOLLECTIBLE WRITE OFFS_version2.xlsOver 100.00 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.... Human Resources & Risk Mgmt Staff Contact......... Michael Webby SUBJECT. Resolution providing City paid medical/dental coverage for Eligible Dependents of City employees on active Military Service for "Operation Iraqi Freedom" EXHIBITS: Resolution AI #: j FOR AGENDA OF: February 2, 2004 AGENDA STATUS: Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution............ X Old Business......... New Business....... Study Session........ Other ..................... RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept ..... X.. Finance Dept........ Other ..................... FISCAL IMPACT. Expenditure Required ..... $0 Transfer/Amendment.... Amount Budgeted .......... $0 Revenue Generated....... SUMMARY OF ACTION: The purpose of this resolution is to provide paid medical/dental coverage to eligible dependents of employees who have been called to active duty for "Operation Iraqi Freedom". An employee must remain in a paid status for at least one hour per pay period (using vacation, personal holiday, personal leave, or compensatory time) during their active military service for "Operation Iraqi Freedom". No additional funds will be required to implement this resolution since funds are contained in the budget to provide employee and dependent medical/dental coverage. STAFF RECOMMENDATION. Staff recommends approval of resolution to authorize the medical/dental coverage: CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING CONTINUED CITY PAID DEPENDENT HEALTH/DENTAL COVERAGE OF EMPLOYEES WHO ARE ON ACTIVE MILITARY SERVICE DURING "OPERATION IRAQI FREEDOM." WHEREAS, the United States of America suffered a terrorist attack on September 11, 2001, and continues to face further threats to our citizens' safety; and WHEREAS, the President, being authorized to call Reservist and National Guard military personnel into service, has exercised such authority; and WHEREAS, City personnel who are members of the Military Reserve and National Guard forces have been and may be called to service; and WHEREAS, the City desires to extend medical and dental benefit coverage to eligible dependents of mobilized City Reservist and National Guard personnel; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City will continue to pay the cost of Medical/Dental coverage for eligible dependents through the duration of "Operation Iraqi Freedom," provided activated employees remain in a paid status for at least one hour per pay period. 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.1030:1/15/04.ma Kathy Keolker-Wheeler, Mayor 2 OF RENTON COUNCIL AGENDA BILL Al #: ' Submitting Data: For Agenda of: Dept/Div/Board Water Utility - Planning/Building/Public Works February 2, 2004 Agenda Status Staff Contact Abdoul Gafour, x7210 Consent .............. X Public Hearing.. Subject: Approval of consultant contract with RH2 Engineering Correspondence.. Approval of transfer of funds within Water Utility 2004 Ordinance ............. appropriation for capital improvement project budget Resolution............ Old Business........ New Business....... Exhibits: Issue paper Study Sessions...... Consultant contract with RH2 Engineering Information......... Recommended Action: Refer to Utilities Committee Approvals: Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required $50,000 Transfer/Amendment $50,000 Amount Budgeted $ 0 Revenue Generated N/A Total Project Budget $50,000 City Share Total Project $50,000 SUMMARY OF ACTION: The Water Utility requests the approval of a consultant contract with RH2 Engineering in the amount of $25,100 to program the water and sewer telemetry system. The Water Utility also requests an adjustment of $50,000 within the Water Utility's 2004 appropriation for the 421 Capital Improvement Projects budget in order to fund the above consultant contract of $25,100 and to purchase the hardware and software to complete the upgrade of the water telemetry system estimated at $24,900. This adjustment will not increase the Water Utility's 2004 total appropriation. STAFF RECOMMENDATION: Approval of a consultant contract with RH2 Engineering in the amount of $25,100 to program the water and sewer telemetry system. Approval of the transfer of $50,000 to the Water Telemetry System Upgrade budget account no. 421.000500.018.5960.0034.65.55120 from the following line item budgets: $20,000 from Well 9 Rehabilitation account no. 421.000500.018.5960.0034.65.55567 and $30,000 from Water Pump Station Rehab. account no. 421.000500.018.5960.0034.65.55530. H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2897 - Water Telemetry Upgrades\RH2\Agenda bill for scada upgrade 2004.doc\AGtp CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 22, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: V Mayor Kathy Keolker,:�Vheeler FROM: Gregg ZimmermarN Administrator Planning/Building/Public Works Department STAFF CONTACT: J.D. Wilson, x7295 Abdoul Gafour, x7210 SUBJECT: Water and Sewer Telemetry System Upgrade and Programming ISSUE: The Water Utility requests approval of a consultant agreement with RH2 Engineering in the amount of $25,100 to program the water and sewer telemetry system. The Water Utility also requests an adjustment of $50,000 within the Water Utility's 2004 appropriation for the 421 Capital Improvement Projects budget in order to fund the above consultant contract of $25,100 and to purchase the hardware and software to complete the upgrade of the water telemetry system estimated at $24,900. This adjustment will not increase the Water Utility's 2004 total appropriation. RECOMMENDATION: Approval of a consultant contract with RH2 Engineering in the amount of $25,100 to program the water and sewer telemetry system. Approval of the transfer of $50,000 to the Water Telemetry System Upgrade budget account no. 421.000500.018.5960.0034.65.55120 from the following line item budgets: $20,000 from Well 9 Rehabilitation account no. 421.000500.018.5960.0034.65.55567 and $30,000 from Water Pump Station Rehab. account no. 421.000500.018.5960.0034.65.55530. BACKGROUND: The Water Maintenance department is completing the conversion of the SCADA / telemetry system from Uniface based equipment to Bristol -Babcock based equipment because Uniface is no longer in business and parts are no longer available to support the system. January 23, 2004 Page 2 The Water Utility needs to purchase three computers and specialized software for the upgraded telemetry system. In addition, we will need the consultant, RH2 Engineering, to program the system, to provide training to City staff, and to prepare the operation and maintenance manual. The estimated cost for the purchase of the hardware and software is $24,900 and for the consultant's cost to program the system is $25,100. The Water Utility did not budget sufficient funds in 2004 for the telemetry system upgrade project budget for the purchase of the computers, software and programming work by the consultant. We request Council's approval to transfer $50,000 from the following accounts to the Water Telemetry System Upgrade budget account no. 421.000500.018.5960.0034.65.55120: $20,000 from Well 9 Rehabilitation account no. 421.000500.018.5960.0034.65.55567 and $30,000 from Water Pump Station Rehab. account no. 421.000500.018.5960.0034.65.55530 There are sufficient remaining funds in the above two accounts after the requested transfer to complete the work on Well 9 and also the work on the rehabilitation of the North Talbot pump station. Therefore, the transfer of funds will not impact these projects. CONCLUSION: A reliable SCADA system is essential for the operation of the City's drinking water system. The purchase of the hardware, software and programming is necessary to complete the conversion of our telemetry system. HA\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2897 - Water Telemetry Upgrades\RH2\lssue Paper for scada upgrade 2004.doc\AGtp ORIGINAL a PAGE NO OF I PAGES ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this _., day of. __, 2004, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and R112 Engineering, Inc. whose address is 12100 NE 195`s Street, Suite 100, Bothell, WA 98011 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Water & Wastewater Systems SCADA Upgrade WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIM of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: Water & Wastewater Systems SCADA Upgrade ORIGINAL -� PAGE NO OF It PAGES 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." IH ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Water & Wastewater Systems SCADA Upgrade 2 ORIGINAL c� PAGE No 3 OF Iq PAGES Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. Water & Wastewater Systems SCADA Upgrade ORIGINAL Q PAGE NO 4 OF Irl PAGES VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $25,101.35 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 196.89 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of ,outside consultants. The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of 1.12 times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 12 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). Water & Wastewater Systems SCADA Upgrade ORIGINAL a PAGE NO_- OFi2PAGES A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment-. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any Water & Wastewater Systems SCADA Upgrade ORIGINAL ;t PAGE NO & OF In PAGES and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non - Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. Water & Wastewater Systems SCADA Upgrade ORIGINAL -a, PAGE NOrl OF Irl PAGES C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. Water & Wastewater Systems SCADA Upgrade ORIGINAL a PAGE NO'� OFAIPAGES The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall — require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. Water & Wastewater Systems SCADA Upgrade bA161NAG x RAGE NO / ()F PAGES XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO LEGAL FORM: Lawrence J. Warren, City Attorney Water & Wastewater Systems SCADA Upgrade CITY OF RENTON Kathy Koelker-Wheeler, Mayor Date ATTEST: Bonnie Walton, City Clerk ORIGINAL a PAGE NO I () OF IPAGES EXHIBIT A SCOPE OF WORK CITY OF RENTON Water & Wastewater System SCADA Upgrade Introduction This scope of work describes the tasks necessary to aid the City of Renton Water & Wastewater Shops with the upgrading of their SCADA control system. Water & Wastewater Systems SCADA Upgrade -10- ORIGINAL Q PAGE NOIIOF aPAGES Task One: Provide Specifications or I Iardware and Software that the Cite \Vill Purchase Objective: Identify hardware and software that the City will purchase for the upgraded SCADA system. This SCADA system will consist of three computers; two computers will be for HMI software and one computer will be for SQL server historical logging. Approach A. Provide specifications for two (2) new PCs for Water HMI. Approximately $2,500 each. B. Provide a specification for the shared (Water & Wastewater) data logging PC. Approximately 35,000. C. Provide a quote from ISS-Wonderware for InSQL and ActiveFactory. Approximately $12,000. D. Provide a make/model and source for replacing Water's SCADAlatm! Modem. E. Determine status of licensing and recommend upgrades for the following: 1. Bristol I/O 2. Symantec pcAnywhere 3. Wonderware InTouch 4. Wonderware SCADAIarm! Deliverable Products: Hardware and software necessary to start SCADA system upgrade. Items Provided by City: Hardware and Software Purchasing_ Estimated Schedule: Begin: Upon notice to proceed. Complete: Two weeks after notice to proceed. Task Two: Configure New SCADA Computers Objective: Load and configure SCADA software on new HMI and SQL server computers. .1 Approach A. Configure InTouch® and SCADAlarm!TM on the Water HMI PCs. The secondary HMI PC will be a cold-swappable operation providing minimal downtime. B. Configure InSQLTM for the joint use of the Water and Wastewater systems. 1. Configure for all existing tags. 2. Import all historical data. C. Recommend an approach for accessing the HMI computers through the City's network and configure a PC at the Public Works office to retrieve data from InSQLTM using ActiveFactoryTM Deliverable Products: Configured water SCADA HMI system. Items Provided by Cin,,: Access to City IT staff to integrate SQL server into the City-wide area network. Estimated Schedule: Begin: Upon City acquisition of all Task One hardware and software. Complete: 21 calendar days after beginning Task Two. Task Three: Programming Changes To HMI System Objective: Load and configure SCADA software on new HMI and SQL server computers. Water & Wastewater Systems SCADA Upgrade -ll- ORIGINAL-a_PAGENOf_ OFI'l PAGES Approach A. Provide tabular detail of the following for each site. Monitored Values and Logging Parameters, including Limits and Deadbands. 2. HMI Controls. 3. Calculations performed within the I IMl. B. Meet with City IT staff to determine changes to the system based on the information gathered in approach item A above. Discuss alarming procedures when system is behaving abnormally. Determine what is abnormal and how to alarm that abnormally. Identify all areas where alanning shall be implemented. C. Update HMI System as discussed in meeting with City. Deliverable Products: Configured water SCADA IIMI system. Items Provided by City: Access to City IT staff to integrate SQL server into city-wide area network. Estimated Schedule: Begin: After completion of Task One. Complete: 21 calendar days after completion of Task One. Task Four: Test System - Supply Programming O&M Manuals and Train Staff in New SCADA Computer Operations Objective: Test system; update existing O&M manuals and train staff in the use of the updated SCADA system. Approach A. Test the HMI system and IndustrialSQL server. B. Update O&M manuals to reflect the current status of the SCADA system. C. Train City staff operators in the use of the SCADA system. Training will occur in two phases. The first training phase will occur when the system is completed. Operators will then work with the system for a few months before the second phase of training. This will allow operators to gain enough insight into the system to understand what information they would like more training on during the second phase. D. Train City staff in accessing historical SQL server data using ActiveFactory software and Microsoft Office products. Deliverable Products: Tested SCADA system; updated O&M manuals and staff training. Items Provided by City: Access to SCADA system and City staff. Estimated Schedule: Begin: After Task Three is complete. Complete: Two Months after Task Three is complete. Task Five: Project Management Objective: Project management of system specification, configuration/installation and training. Water & Wastewater Systems SCADA Upgrade -12- ORIGINAL D, IMAGE NOJOF I�1 PAGES EXHIBIT B — Schedule Task Estimate Start Estimate Completion Task 1 March 1, 2004 March 15, 2004 Task 2 Aril 19, 2004 May 18, 2004 Task 3 May 3, 2004 May 31, 2004 Task 4 June 1, 2004 August 2, 2004 Task 5 March 1, 2004 September 1, 2004 Water & Wastewater Systems SCADA Upgrade -13- EXHIBIT C- i CITY OF RENTON WATER SYSTEM SCADA UPGRADES 2003 FEE ESTIMATE PERSONNEL CLASSIFICATION RATE TASK HOURS AND EXPENSES Task 1 Specifications Task 2 PC Configuration Task 3 HMI Changes Task 4 Testing, Training Task 5 Project TOTAL Budget Budget Budget Budget Budget Budget Principal VII $51 2.0 0.0 1.0 0.0 0.0 3.0 $153.00 Professional V $39 1.0 4.0 6.0 2.0 10.0 23.0 $897.00 Professional IV $32 9.0 84.0 55.0 40.0 10.0 198.0 $6,336.00 Professionallil $25 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 Technician II $18 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 Administrative IF $14 1.0 0.0 2.0 0.0 0.0 3.0 $42.00 Hours Subtotal 13.0 88.0 64.0 42.0 20.0 227.0 Labor Fee Subtotals $443.00 $2,844.00 $2,073.00 $1,358.00 $710.00 $7,428.00 Overhead Costs 197% $872.22 $5,599.55 $4,081.53 $2,673.77 $1,397.92 $14,624.99 Subtotal Costs $1,315.22 $8,443.55 $6,154.53 $4,031.77 $2,107.92 $22,052.99 Net Fee 12% $157.83 $1,013.23 $738.54 $483.81 $252.95 $2,646.36 Total Labor Fee $1,473.05 $9,456.78 $6,893.07 $4,515.58 $2,360.87 $24,699.35 Subconsultant $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Expenses AutoCAD Computer Time $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AutoCAD Plots $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Word Processing $9.00 $0.00 $18.00 $0.00 $0.00 $27.00 and Printing $25.00 $0.00 $25.00 $25.00 $25.00 $100.00 -Copying Fax Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Miscellanous $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Mileage Expenses $0.00 $100.00 $100.00 $100.00 $100.00 $400.00 Expenses Subtotal $34.00 $100.00 $143.00 $125.00 $125.00 $402.00 Task Subtotals $1,507.05 $9,556.78 $7,036.07 $4,640.58 $2,485.87 $25,101.35 TOTAL $25,101.35 1 /13/2004 3:14 PM ORIGINAL d- PAGE NO�OF nPAGES EXHIBIT C - 2 COST PLUS NET FEE DETERMINATION DIRECT SALARY COST Classification Hourly Rate Name Hourly Rate Principal IX $70.85 Rick Harbert (IX) $70.85 Principal VIII $57.95 55.40-59.30 Tony Pardi (VII) $51.34 Principal VII $44.93 37.56-51.34 Mark Miller (V) $36.00 Professional VI $41.27 40.30-42.47 James Swanson (V) $39.27 Professional V $37.14 31.3040.81 Lee Tumbleson (N) $32.35 Professional IV $32.35 27.71-39.40 Wendie Robinson (AIV) $24.52 Professional III $26.66 24.25-29.30 Sandra Hen en (AII) $17.03 Professional11 $25.17 23.75-26.37 Professional1 $21.99 19.40-25.86 Technician IV $26.35 Technician II $18.33 18.00-19.00 Technician I $14.20 Administrative IV $25.22 20.00-29.14 Administrative III $15.76 Administrative II $15.34 13.50-16.00 Administrative I $ 9.75 7.25-12.00 Net Fee: 12% of direct salary cost plus overhead DIRECT NON -SALARY COST: Cost Element Unit Cost Cost Element Unit Cost In-house copies 8.5"x 11" $0.10 each In-house CAD system $25.00 per hour In-house copies 8.5"x 14" $0.25 each HP650C 11 "x 17" $2.00 each In-house copies 11 "x 17" $0.50 each HP650C 24"x36" $5.00 each In-house blueprints 24"x36" $1.20 each HP650C 36"x48" $10.00 each FAX $3.00 per sheet In-house computer $9.00 per hour HIP Paint -'et $1.50 per sheet Mileage $0.36 per mile Purchased Services Cost plus 15% Rates listed here are adjusted annually. The current, most recent schedule of hourly rates is used for billing purposes. Payment for work accomplished shall be on the basis of hourly rates in effect at the time of billing, plus direct expenses and outside services as stated in the Exhibit C-1. Water & Wastewater Systems SCADA Upgrade -15- ORIGINAL � PAGE NOS (o OFI IPAGES EXHIBIT C-2 (cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST DirectLabor............................................................................................................. 100.00 % FICA........................................................................................................................ 13.73 % Unemployment......................................................................................................... 0.75 % GroupInsurance....................................................................................................... 17.17 Industrial Insurance................................................................................................. 0.43 % Holiday / Vacation / Sick......................................................................................... 18.64 % Bonus& Pension..................................................................................................... 42.74 % TotalFringe............................................................................................................. 93.46 Office& Misc.......................................................................................................... 2.20 % Admin& Time......................................................................................................... 59.49 % StateB & 0.............................................................................................................. 6.10 % Professional Services............................................................................................... 0.40 % Rent.......................................................................................................................... 22.54% Stationary.................................................................................................................0.71 % Telephone................................................................................................................ 5.20 % Fees& Dues............................................................................................................. 0.95 % Travel....................................................................................................................... 1.62 % Insurance.................................................................................................................. 3.69 % Professional Development.......................................................................................0.53 % TotalOverhead........................................................................................................103.43 % TOTAL OH & FRINGE 196.89 SUMMARY OF COSTS DirectSalary Cost........................................................................................................................... $7,428.00 Overhead Cost (including payroll additives)...............................................................................196.89 % $14,624.99 Sub -Total $22,052.99 NetFee..............................................................................................................12% $2,64636 Direct Non -Salary Costs: a. Misc. reproduction, CAD plotting, milage, etc ............ $ 402.00 Total GRAND TOTAL $25,101.35 Water & Wastewater Systems SCADA Upgrade -16- $402.00 Sub Total $402.00 ERMVMI��� r CITY OF RENTON, WASHINGTON RESOLUTION NO. 36 93 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SUNNYBROOK; FILE NO. LUA-03-103) WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 35.02 acres, is located in the vicinity of S. 38` Ct. and Smithers Avenue S.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 19, 2004. 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 RES.1033:1/28/04:ma Kathy Keolker-Wheeler, Mayor IPA LEGAL DESCRIPTION PARCEL 1: THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHING TON; EXCEPT THAT PORTION LYING WITHIN A 60 FOOT STRIP OP LAND CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1597513,• AND EXCEPT THE EAST 30 FEET OF SAID SUBDIVISION. TOGETHER WITH A PERPETUAL EASEMENT FOR ROAD PURPOSES OVER, ACROSS AND UPON SAID EXCEPTED EAST 30 FEET. PARCEL 2: THE WEST 660 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC77ON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; PARCEL J.- THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OP SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF COUNTY ROAD CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1597513,• EXCEPT THE EAST 1.5 ACRES OF THE NORTH 150 FEET THEREOF,• AND EXCEPT THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 29. FROM WHENCE THE SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 86 50'15" WEST, 580.86 FEET - THENCE NORTH 002830" EAST, 178.95 FEET, MORE OR LESS, TO A POINT WHICH LIES 150 FEET SOUTHERLY OF THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC77ON 29,- THENCE NORTH 87'08'32" EAST ALONG A LINE PARALLEL WITH AND 150 FEET SOUTHERLY OF SAID NORTH LINE 421.86 FEET, MORE OR LE TO THE NORTHWEST MARGIN OF COUNTY ROAD; THENCE SOUTHWES7ERLY ALONG SAID ROAD MARGIN 185.80 FEET TO SAID SOUTH LINE OF SEC 77ON 29,- THENCE SOUTH 86 50'15" WEST ALONG SAID SOUTH LINE 374.66 FEET, MORE OR LESS, TO TRUE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29 LYING WESTERLY OF COUNTY ROAD CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1597513,- EXCEPT FROM SAID EASEMENT THE WESTERLY 580.86 FEET. SUNNYBROOK SEC. 29 & 30, TWP. 23N., RGE, 5E., W.M. LEGAL DESCRIPTION DWN. BY' DATE. JOB NO. 4030 Lake Washington PETERSON Blvd. NE, Suite 200 AWG 1-20-04 TAoi-000B ONSULTING Kirkland, WA98033 Tel (425) 827-5874 CHKD. BY- SCALE: Fax (425) 822-7216 N TS PARCEL 4: LEGAL DESCRIPTION (CONPD) THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF PLAT OF TALBO T HILL HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 59 OF PLATS, PAGE 88, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 5: THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WEST OF LG. CARR ROAD REVISION NO.3 AS CONVEYED TO KING CO. BY DEED NO. 1597513,• EXCEPT THE WEST 660 FEET THEREOF: AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29. THENCE NORTH 015236" EAST, 665.35 FEET MORE OR LESS, TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE NORTH 8726'49" EAST ALONG SAID NORTHERLY LINE 993.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 02 33'11 " EAST, 78.00 FEET; THENCE NORTH 8726'49" EAST PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 152.45 FEET MORE OR LESS, TO THE NORTHWESTERLY MARGIN OF THE I.G. CARR ROAD REVISION NO. 3 AS CONVEYED TO KING CO. BY DEED NO. 1597513,• THENCE NORTHEASTERLY ALONG SAID MARGIN 115.09 FEET, MORE OR LESS, TO THE NORTHERLY LINE OP SAID SUBDIVISION; THENCE SOUTH 87'2649" WEST ALONG SAID NORTHERLY LINE 23708 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST 'QUARTER OF THE SOUTHWEST QUARTER OF SEC71ON 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29, THENCE NORTH 015236" EAST, 665.35 FEET, MORE OR LESS TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE NORTH 872649" EAST ALONG SAID NORTHERLY LINE 993.54 FEET TO THE TRUE POINT OF BEGINNING,• THENCE SOUTH 02 33'11 " EAST, 78.00 FEET,• THENCE NORTH 8726'49" EAST PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 152.45 FEET, MORE OR LESS, TO THE NORTHWESTERLY MARGIN OF THE COUNTY ROAD AS CONVEYED TO KING CO. BY DEED RECORDED UNDER RECORDING NO. 1597513; THENCE NORTHEASTERLY ALONG SAID MARGIN 115.09 FEET, MORE OR LESS TO THE NOR THERL Y LINE OF SAID SUBDI VISION; THENCE SOUTH 872649" WEST, ALONG SAID NORTHERLY LINE 237.08 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUNNYBROOK SEC. 29 & 30, 7WP. 23N., RGE. 5E., W.M. LEGAL DESCRIPTION PCONSULTING ETERSON 4030 Lake Washington Blvd. ME„ Suite 200 Kirkland, WA 98033 Tel (425) 827-5874 Fax (425) 822-7216 DKK BY' A WG DATE.' 1-20-04 CHM BY.• I SCALE.• N TS JOB NO. TADI — 0008 CD r, N n 405 z, ;< m NN - S 15T}I ST. � x oa. Y S 16TH ST. \pV �E S a a. < > ! S 17TH St. SE 16TH PL. S U T N NiS 18TH ST. �. 5 19TH ST of p, PUGET DR i ROLLING HILLS AVE. SW 21 ST ST. ---S_23R0_ST. _-__ d iN, uj S 25TH ST. �j CD\ ?sry F. - -c H LJ i '�\ < IJ16 N S 33RD AVE_ 34TH ST. S is 35TH LSE 172ND ST.__ i37TH ST t y E-.174TH S 0� _s�- SITE W N 'c SEC. 29 A 30, TWP. 23N., RGE. 5E., W.M. PETERSON C NSULTING 4030 Lake Washington Blvd. NE, Suite 200 Kirkland, WA 98033 Tel (425) 827-5874 Fax (425) 822-7216 VICINITYMAP DWN. BY I DATE.' I JOB NO, AWG 1-20-04 TADI-0008 CHKD. BY- I SCALE.- N TS N 8920'49" W 396, 57' S. 36TH ST. TRACT D DETENTION I � � TRACT C h TRACT E OPEN SPACE , OPEN SPACE _ N $7'4528" E 1290.02 N TRACT A O tb 6 64 89 97 98 99 100 101 102 103 10 10 OPEN 95 o ? C�► ^ 1 88 96 SPACE 81 90 AND REC. °� I 82 94 t� I- 2 83 a 91 92 9 n O 62 85 8B 87 80 110 1 t 1 112 113 4� h 3 60 61 84 to 79 114 : t 77 7 115 Z (— � 4 55 65 74 75 76 TRACT J J 2 5 59 66 67 68 69 70 71 72 73 OPEN SPACE TRACT I S. 37TH ST. TRACT F 54 PEDESTRIAN 6 58 JACCESS TRACT 7 y 53 57 TRACT B I8 52 56 NGPE Q 1 9 W 51 10 49 48 1061, I � 11 50 S. 3771H PL. ACT H \� OE TION �N 890318 W RECPEA TION L-�16.17' Rw412.04' TRACT B 4) /4--4357'51" 4 NGPE 1� f09 =4' �r�l N 4 T y o �j TRACT B =/ NGPE / 31 30 29 28 to / m / 122.34' - -- Lu ' / a 12 13 14 15 16 17 18 19 20 21 22 23 �N N 895318 W 339.93 N 86 50 2! 2 40 41 42 43 44 45 46 47 39 38 37 36 35 34 33 32 N / N. T.S. O J I25 J2627 2 - - 1 � I GON�SUL�T NG E 10 CITY OF RENTON, WASHINGTON RESOLUTION NO. -96 941 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING CONTINUED CITY PAID DEPENDENT HEALTH/DENTAL COVERAGE OF EMPLOYEES WHO ARE ON ACTIVE MILITARY SERVICE DURING "OPERATION IRAQI FREEDOM." WHEREAS, the United States of America suffered a terrorist attack on September 11, 2001, and continues to face further threats to our citizens' safety; and WHEREAS, the President, being authorized to call Reservist and National Guard military personnel into service, has exercised such authority; and WHEREAS, City personnel who are members of the Military Reserve and National Guard forces have been and may be called to service; and WHEREAS, the City desires to extend medical and dental benefit coverage to eligible dependents of mobilized City Reservist and National Guard personnel; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City will continue to pay the cost of Medical/Dental coverage for eligible dependents through the duration of "Operation Iraqi Freedom," provided activated employees remain in a paid status for at least one hour per pay period. PASSED BY THE CITY COUNCIL this day of 52004. 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.1030:1/15/04.ma Kathy Keolker-Wheeler, Mayor 2