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HomeMy WebLinkAboutCouncil 07/18/2005AGENDA RENTON CITY COUNCIL REGULAR MEETING July 18, 2005 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: a. Briefing from King County Council representatives b. Water Resource Inventory Area 8 Chinook Salmon Conservation Plan 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of July 11, 2005. Council concur. b. Human Services Division recommends approval of the 2006-2008 joint interlocal agreement with King County to receive Community Development Block Grant funds through the King County Consortium. Refer to Community Services Committee. c. Development Services Division recommends acceptance of a deed of dedication for a 40-foot- wide strip of land known as Tract F on the east side of Springbrook Creek for trail purposes to fulfill a requirement of the Oakesdale Commerce Center -East Binding Site Plan (LUA-03-089). Council concur. d. Economic Development, Neighborhoods and Strategic Planning Department submits 10% Notice of Intent to annex petition for the proposed Querin II Annexation and recommends a public meeting be set on 8/I/2005 to consider the petition; 7.3 acres located in the vicinity of Hoquiam Ave. NE, SE 112th St., and SE 114th Pl. Council concur. e. Economic Development, Neighborhoods and Strategic Planning Department submits 50% Notice of Intent to annex for the proposed Falk II Annexation and recommends a public hearing be set on 8/1/2005 to consider the petition and future zoning; 6.4 acres located in the vicinity of 102nd Ave. SE and S. 50th St. Council concur. f. Hearing Examiner recommends approval, with conditions, of the Rutledge/Bent Nose Preliminary Plat; ten single-family lots on 2.5 acres located at 990 Hoquiam Ave. NE (PP-05- 017). Council concur. g. Utility Systems Division reports submittal of the appraisal performed for the vacation of a portion of NE 4th St., east of Rosario Ave. NE, and requests that Council accept the appraisal and waive compensation for the vacation area (VAC-04-006; City of Renton, petitioner). Refer to Planning and Development Committee. 7. CORRESPONDENCE (CONTINUED ON REVERSE SIDE) 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: 2005 Neighborhood Grants (1st Round); Lack of Parking at Gene Coulon Beach Park for Class Attendance b. Finance Committee: Vouchers; City Hall P-3 Parking Lot Resurfacing Project Bid Award c. Transportation (Aviation) Committee: Street Closure Ordinance; Supplemental Street Lighting Standards; Six -Year Transportation Improvement Program*; 2006 Maple Valley Hwy. Project Report with Transportation Improvement Board; WorldWind Helicopters Operating Agreement; Aero-Copters Operating Agreement; Airport T-Hangar Rent Increase d. Utilities Committee: WRIA 8 Chinook Salmon Conservation Plan*; Johns Creek Outfall Stormwater System Concurrence with WSDOT 9. RESOLUTIONS AND ORDINANCES Resolutions: a. 2006-2011 Six -Year Transportation Improvement Program (see 8.c.) b. Water Resource Inventory Area 8 Chinook Salmon Conservation Plan Ratification (see 8.d.) Ordinance for first reading and advancement to second and final reading: Race attendance prohibition (corrected) Ordinance for second and final reading: Multi -family housing property tax exemption modifications (1st reading 6/27/2005) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6:30 p.m. July 4th Illegal Fireworks Activities Report; Burlington Northern Santa Fe Right -of -Way Briefing by King County Council Representatives • 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. & FR1. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting July 18, 2005 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Pro Tem Terri Briere called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE, Mayor Pro Tem; MARCIE PALMER; DON PERSSON; COUNCILMEMBERS RANDY CORMAN, Council President Pro Tem; TONI NELSON; DAN CLAWSON; DENIS LAW. CITY STAFF IN JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, ATTENDANCE Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; RON STRAKA, Utility Engineering Supervisor; ALEX PIETSCH, Economic Development Administrator; LINDA HERZOG, Interim Assistant to the CAO; COMMANDER TIM TROXEL, Police Department. SPECIAL King County Councilman Reagan Dunn gave a briefing on a variety of issues PRESENTATIONS affecting King County. Mr. Dunn commented on King County's negotiations King County: Briefing on for the Burlington Northern Santa Fe (BNSF) Railway eastside rail corridor, Issues by Council saying that last week the King County Council authorized earnest money to Representative allow the King County Executive to enter into negotiations with BNSF. He stated that he voted in support of the action; however, he opined that a vote to purchase the property is a different matter and requires a much higher level of satisfaction. Mr. Dunn indicated that the King County Council is aware of the economic benefit that the rail line provides to Renton and to the Spirit of Washington Dinner Train, and noted that he and King County Councilwoman Julia Patterson are sponsoring legislation indicating the intent of the King County Council to preserve the dinner train as a future use. Continuing, Councilman Dunn commented on the election reform issue, and described the three committees that are taking steps to ensure that the elections department is improved. Additionally, he commented on the reported increase of methamphetamine-caused deaths Statewide and the increase of methamphetamine activity in Southeast King County. He indicated that he will soon propose legislation in regards to this issue. In conclusion, Councilman Dunn stated that he will continue to keep the City informed of new legislation. In response to Council inquiries regarding rail line maintenance responsibilities if the line is obtained by King County and used by the dinner train, Councilman Dunn indicated that the matter will be further analyzed and discussed. ESA: WRIA 8 Chinook Ron Straka, Utility Engineering Supervisor, introduced Watershed Coordinator Salmon Conservation Plan Jane Lamensdorf-Bucher who reported on the proposed Water Resource Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan. Ms. Lamensdorf-Bucher noted that Puget Sound Chinook salmon were listed as a threatened species in 1999 under the Federal Endangered Species Act. She explained that 27 local governments, located in the urbanized, 692-square-mile Lake Washington/Cedar/Sammarnish Watershed or WRIA 8, are supporting this planning process. Ms. Lamensdorf-Bucher stated that although this is a salmon -focused plan, it also benefits citizens by addressing issues such as stormwater management, July 18, 2005 . Renton City Council Minutes Page 257 water quality, and quality of life. She indicated that the WRIA 8 plan is one of 14 plans that contribute to a Puget Sound -wide recovery plan, which will be presented to the State and Federal governments. She reviewed the purpose and focus of the plan, as well as the framework for implementing the plan. Ms. Lamensdorf-Bucher described the local governments' roles in carrying out the plan; and in regards to land use actions, she noted that the plan does not add an additional layer to the current requirements. Continuing, Ms. Lamensdorf-Bucher stated that the focus for Renton in the WRIA 8 plan is the Cedar River and Lake Washington, especially the south end. She indicated that so far, 19 local governments have ratified the WRIA 8 plan. Ms. Lamensdorf-Bucher concluded by emphasizing the importance of clean, cool water for salmon as well as for people. Councilman Clawson, a member of the WRIA 8 Steering Committee, praised Ms. Lamensdorf-Bucher for her work on the plan, pointing out that she is very patient in explaining things to people who have no expertise in the matter. He indicated that last week, the steering committee received a strong commitment from the State senators that they will seek federal funding for this effort. Chief Administrative Officer Jay Covington praised the efforts of Ms. Lamensdorf-Bucher and the other WRIA staff members, and stated that the plan will help the salmon, the City, and the region in the long run. (See page 260 for Utilities Committee report.) ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: IKEA Renton River Days, which runs from July 19th through July 26th, includes Kids' Day, Senior Day, the parade, the Rubber Ducky Derby, an art show, a book sale, and free entertainment throughout the weekend. The community is invited to view the preliminary final master plan for Heather Downs Park at a meeting on July 26th at the Highlands Neighborhood Center. The Police Department invites residents to join forces on August 2nd to give crime and drugs a going away party during National Night Out. Talk with neighbors and host a block party, barbecue, or a casual get-together. Register the event and Police Department staff will make every effort to attend each and every function. Community Services: Gene Mr. Covington announced that the swimming beach at Gene Coulon Memorial Coulon Park Swimming Beach Beach Park was closed on July 15th after water samples taken by the King Closure, Unacceptable Levels County Health Department exceeded the acceptable water quality standards for of Bacteria in Water fecal coliform and E. coli. The water continues to show unacceptable levels of bacteria. In response to Councilman Law's inquiry, Mr. Covington stated that the cause of the problem may be geographic due to the current and location, or man-made due to a sewer leak. He assured that the matter is being investigated. AUDIENCE COMMENT Arland "Buzz" Johnson, 334 Wells Ave. S., #306, Renton, 98055, expressed his Citizen Comment: Johnson - appreciation for the City's hanging flower baskets. Displaying a photograph of Hanging Flower Baskets a hanging flower basket in the City of Lake Oswego, Oregon, Mr. Johnson noted its large size, and stated that businesses in Lake Oswego decorate their 18, 2005 Renton City Council Minutes Page 258 entryways with flowers. Additionally, he praised the impressive flower display at the Spirit of Washington Dinner Train depot. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Councilman Corman noted the addition of item 6.h., and Councilman Persson requested the removal of item 6.d. for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of July 11, 2005. Council concur. July 11, 2005 Human Services: 2006-2008 Human Services Division recommended approval of the 2006-2008 joint CDBG Interlocal Agreement, interlocal agreement with King County to receive Community Development King County Block Grant funds through the King County consortium. Refer to Community Services Committee. Development Services: Development Services Division recommended acceptance of a deed of Oakesdale Commerce Center- dedication for a 40-foot-wide strip of land known as Tract F on the east side of East Binding Site Plan ROW Springbrook Creek for trail purposes to fulfill a requirement of the Oakesdale Dedication, Springbrook Creek Commerce Center -East Binding Site Plan (LUA-03-089). Council concur. Annexation: Falk 11, 102nd Economic Development, Neighborhoods and Strategic Planning Department Ave SE & S 50th St submitted 50% Notice of Intent to annex petition for the proposed Falk 11 Annexation and recommended a public hearing be set on 8/1/2005 to consider the petition and future zoning; 6.4 acres located in the vicinity of 102nd Ave. SE and S. 50th St. Council concur. Plat: Rutledge/Bent Nose, Hearing Examiner recommended approval, with conditions, of the Hoquiam Ave NE, PP-05-017 Rutledge/Bent Nose Preliminary Plat; ten single-family lots on 2.5 acres located at 990 Hoquiam Ave. NE (PP-05-017). Council concur. Vacation: NE 4th St, City of Utility Systems Division reported submittal of the appraisal performed for the Renton, VAC-04-006 vacation of a portion of NE 4th St., east of Rosario Ave. NE, and requested that Council accept the appraisal and waive compensation for the vacation area (VAC-04-006; City of Renton, petitioner). Refer to Planning and Development Committee. Added Item 6.h. Transportation Systems Division recommended approval to accept a $150,000 Airport: Layout Plan Update, grant from the Federal Aviation Administration to update the Airport Layout FAA Grant Plan component of the 1997 Airport Master Plan. Council concur. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO INCLUDE ADDED ITEM 6.h., AND TO REMOVE ITEM 6.d. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Economic Development, Neighborhoods and Strategic Planning Department Item 6.d. submitted 10% Notice of Intent to annex petition for the proposed Querin II Annexation: Querin H, Annexation and recommended a public meeting be set on 8/1/2005 to consider Hoquiam Ave NE the petition; 7.3 acres located in the vicinity of Hoquiam Ave. NE, SE 112th St., and SE 114th Pl. Councilman Persson suggested that this item be held until the Committee of the Whole discusses the City's annexation policy. He stated that important policy decisions need to be made regarding annexations, and he does not want to accept annexations until the annexation policy issues are resolved. Responding to Council inquiry, Chief Administrative Officer Jay Covington confirmed that the Querin II Annexation is within the City's potential July 18, 2005 Renton City Council Minutes Page 259 annexation area. He acknowledged Councilman Persson's concerns, and noted that current annexation policy is being followed with the annexations that are brought forward to Council. Mr. Covington explained that the current policy indicates that the East Renton Plateau area is an area of priority, that the City is not actively seeking annexations but considers annexation requests, and that the City only consider annexations that ultimately provide a benefit to the City. Zanetta Fontes, Assistant City Attorney, reported that State law requires that a public meeting be held within 60 days of the time the petition is filed with the City. She noted that the proposed August 1st public meeting date is already outside the 60-day limit. Councilman Clawson recommended going forward with this item, but agreed with Mr. Persson that an annexation policy discussion is necessary. Councilman Persson expressed concern regarding the lateness of the item coming before Council, and concerns regarding the costs related to sewer and parks improvements needed for the annexation area. Additionally, he noted that although the City keeps annexing property, City staff and equipment is not being added. Pointing out that it takes time for staff to prepare the annexation reports, Mr. Covington stated that staff will try to forward the information to Council in a more timely manner. Mayor Pro Tem Briere noted the need to discuss the annexation policy soon, including discussion on those areas that are and are not contained within Renton's potential annexation area. Alex Pietsch, Economic Development Administrator, pointed out that Council accepted a 10% petition for the Querin Annexation in November 2004. He explained that since then, the boundaries were revised, and the subject 10% petition to annex reflects a smaller area. Councilmembers Nelson and Law spoke in support of moving forward with this item. Councilman Law also noted the importance of having a discussion on the annexation policy. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL APPROVE CONSENT AGENDA ITEM 6.d. AS PRESENTED. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Committee Chair Palmer presented a report regarding Transportation (Aviation) the street closure ordinance. The current City Code requires Council action for Committee all road closures. A change is proposed to City Code to allow road closures of Transportation: Street Closure one day or less to be governed by administrative action. The Committee Ordinance recommended concurrence in the staff recommendation that the City Council authorize the revision of the City Code to allow road closures of one day or less to be governed by administrative action. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: Supplemental Transportation (Aviation) Committee Chair Palmer presented a report Street Lighting Standard for recommending concurrence in the staff recommendation to adopt supplemental Arterial Street Lighting street lighting standards for arterial streetlights in order to provide a choice of using decorative fixtures as an alternative to the industrial cobra heads. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. July 18, 2005 Renton City Council Minutes Page 260 Transportation: Maple Valley Transportation (Aviation) Committee Chair Palmer presented a report Hwy Improvements Project recommending concurrence in the staff recommendation to sign the Fiscal Year Funding, TIB 2006 Program Project Funding Status Report for submittal to the Transportation Improvement Board certifying committed City of Renton funds for the Maple Valley Hwy. (SR-169) project. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Airport: WorldWind Transportation (Aviation) Committee Chair Palmer presented a report Helicopters Operating Permit recommending concurrence in the staff recommendation to approve the & Sublease operating permit and agreement with WorldWind Helicopters, Inc. for the purpose of providing aircraft charter and taxi services and an aircraft maintenance and repair facility as part of their sublease with AirO, Inc. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Airport: Aero-Copters Transportation (Aviation) Committee Chair Palmer presented a report Operating Permit and Sublease recommending concurrence in the staff recommendation to approve the operating permit and agreement with Aero-Copters, Inc. and their sublease with AirO, Inc. for the purpose of providing aircraft maintenance and repair services to AirO, Inc. to continue until 11/1/2013. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Airport: T-Hangar Lease Rate Transportation (Aviation) Committee Chair Palmer presented a report regarding Increase the monthly rent increase for Airport T-Hangar units. The Committee recommended concurrence in the staff recommendation to approve the following: 1. A rent increase for all City -owned T-Hangar units from $200 per month to $285 per month, plus 12.84% leasehold excise tax. 2. Application of the Seattle/Tacoma Consumer Price Index every three years to the rental rate of all City -owned T-Hangars. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report regarding the bid award CAG: 05-089, City Hall P-3 for the City Hall P-3 Parking Lot Resurfacing project. Epic Construction, LLC, Parking Lot Resurfacing, Epic was the sole bidder on the project, there were no irregularities with their bid, Construction and their bid was under the budgeted amount for the project. The Committee recommended concurrence in the staff recommendation to award the bid submitted by Epic Construction, LLC, in the amount of $118,374.40. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Corman presented a report recommending ESA: WRIA 8 Chinook concurrence in the staff recommendation to approve the Water Resource Salmon Conservation Plan Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 262 for resolution.) July 18, 2005 Renton City Council Minutes Page 261 Utility: Johns Creek Outfall Utilities Committee Chair Corman presented a report regarding the Washington Stormwater System State Department ofTransportation (WSDOT) I405 project concurrence letter Concurrence, WSDOT regarding the Johns Creek Outfall. WSDOT requested the City's approval of a concurrence letter for the Johns Creek Outfall to discharge stormwater runoff from 1405 and the upstream tributary area to Johns Creek, in Gene Coulon Memorial Beach Park, as part of the future widening of 1405. The Committee recommended concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the concurrence letter with WSDOT for the proposed Johns Creek Outfall stormwater system. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Nelson presented a report regarding the Committee 2005 neighborhood grant projects. The Committee recommended concurrence EDNSP: 2005 Neighborhood in the staff recommendation to approve the following grant awards: Grant Program 1. Ginger Creek Community Association - Continue development of a pocket park on Seattle Public Utilities owned right-of-way in Renton. The area is approximately one -quarter of an acre and is bordered by Puget Drive SE, Beacon Way SE, and SE 16th St. ($1,538). 2. Geneva Court Homeowners Association - Install fence slats and secure eroding area around retention pond by adding fill dirt, and eliminate entrance into neighborhood through wooded area with fencing ($1,544). 3. North Renton Neighborhood Association - Improve exterior of the Sartori Education Center with landscaping and create a rock garden in open space with the addition of two picnic tables ($12,586). 4. Sir Cedric Homeowners Association - Remove litter, weeds, and rocks from the perimeter of the property to improve City right-of-way property located on Monroe Ave. NE, Lynnwood Ave. NE, and NE 12th St. ($737). 5. Valley Vue Homeowners Association - Plant trees on unimproved right-of- way in front of homeowners' property ($2,600). The Committee further recommended approval of funding for the following administrative newsletter applications: 1. Kennydale Neighborhood Association - Annual printing expenses for a printed and mailed quarterly newsletter ($2,000). 2. Renton Hill Neighborhood Association - Annual printing expenses for a printed and mailed quarterly newsletter ($410). 3. Windwood Homeowners Association - Annual printing and postal expenses for a quarterly newsletter ($109). 4. Winsper Homeowners Association - Annual printing and postal expenses for a quarterly newsletter ($92). The total cost of materials for the NE 4th St. Corridor community planting project, held on 4/23/2005, was $18,257. Clear Channel Corporation generously donated $8,000, leaving a final cost to the neighborhood program grant funds of $10,257, with a sweat equity match from residents, the community, and City staff volunteers of $13,000. Therefore, the first round of July 18, 2005 Renton City Council Minutes Page 262 grants total $31,873, leaving a remaining budget of $18,127 available for a second round of funding. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: Gene Community Services Committee Chair Nelson presented a report regarding Coulon Park, Lack of Parking parking for class participants at Gene Coulon Memorial Beach Park. The for Class Attendance Committee recommended concurrence in the staff recommendation that no action be taken regarding reserved parking at Gene Coulon Memorial Beach Park for class participants. While the Committee realizes that parking can be a problem at various sites during certain times, warm weather, special events, etc.; preferential parking cannot be given to one group of participants and preclude others. Additionally, there is not sufficient staff or resources to monitor and enforce these proposed parking restrictions. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3761 A resolution was read ratifying the Water Resource Inventory Area (WRIA) 8 ESA: WRIA 8 Chinook Chinook Salmon Conservation Plan. MOVED BY CLAWSON, SECONDED Salmon Conservation Plan BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and advanced for second and final reading: Police: Street Racing Event An ordinance was read amending Title VI (Police Regulations) of City Code by Attendance Prohibition adding Chapter 6-28, Race Attendance, that prohibits race attendance within a "No Racing Zone" and imposes criminal penalties. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5150 Following second and final reading of the above ordinance, it was MOVED BY Police: Street Racing Event LAW, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE Attendance Prohibition AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Persson reported that he attended a meeting on July 14th of the I - Transportation: I-405 Corridor 405 Corridor charette team, which consists of consultants, and Renton and Charette Team Washington State Department of Transportation staff members. The team reported out innovative ideas to resolve some of the challenging issues associated with the Renton I-405 Corridor project. Mr. Persson noted that two access ramps to the Renton Hill area were included. Mayor Pro Tem Briere stressed the importance of the team's work to the Renton community. Airport: Honorary Name, Councilman Corman stated that he and Councilwoman Palmer attended the Clayton Scott Field 100-year birthday celebration for Clayton Scott, where Ms. Palmer read the City proclamation announcing the decision to add the honorary name of Clayton Scott Field to the Renton Municipal Airport. He noted that the extra effort that Council made to approve the honorary name change in time for the celebration was worth it. Mr. Corman reported that plans are moving forward to install artwork depicting Clayton Scott at the entry of the Airport. Community Events: Parking Councilwoman Nelson encouraged citizens to park at the downtown City Center Parking garage for the Renton River Days events, and for events such as the Renton Farmers Market and the Cinema on the Piazza. She pointed out that parking is free for these special events. July 18, 2005 Renton City Council Minutes Page 263 ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:43 p.m. Bonnie 1. Walton, CMC, City Clerk Recorder: Michele Neumann July 18, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING July 18, 2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 7/25 NO MEETING (Briere) MON., 8/01 Emerging Issues 6:30 p.m. *Council Conference Room* Approximately 2nd Quarter Financial Report 7:00 p.m. *Council Chambers* COMMUNITY SERVICES MON., 7/25 CANCELLED (Nelson) MON., 8/01 Community Development Block Grant 3:30 p.m. Program Agreement with King County FINANCE MON., 7/25 CANCELLED (Persson) MON., 8/01 Vouchers; 4:00 p.m. Financial Management Policies PLANNING & DEVELOPMENT THURS., 7/21 City of Renton Portion of NE 4th St. (Clawson) 2:00 p.m. Vacation Compensation; Removal of Residential Uses from the Commercial Arterial Zone PUBLIC SAFETY MON., 8/01 Valley Special Response Team Interlocal (Law) 6:00 p.m. Agreement Addendum TRANSPORTATION (AVIATION) THURS., 7/21 (Palmer) 3:00 p.m. UTILITIES (Corman) THURS., 7/21 Six -Year Transportation Improvement Program; Sound Transit Amendments Process & Scheduling (briefing only); AcuWings LLC Airport Operating Permit and Sublease CANCELLED NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. V l Salmon Conservation in the Lake Washington/Cedar/ Sammamish Watershed �� ASI-j�NCT Presentation to ® Renton City Council July 18, 2005 Jane Lamensdorf-Bucher, Watershed Coordinator Salmon Are Threatened Federal Endangered Species Act: • Puget Sound Chinook (King) - Listed March 1999 • Bull Trout - Listed November 1999 • Puget Sound Coho (Silver) - Candidate July 1995 1 Salmon Need Clean, Cool Water� So Do People 27 Local Governments Supporting One Unif ied Planning Process (Councilmember Clawson) Fish don't know political boundaries! Q I/Idw, :a H.a.d.1 -pp.d for the—dinati..and development t It he %—I—, notion Agenda wan pro, by the follwing; [mat g—rn-M,inthe lake Wa et:.Vn ed,VS—.a.iah Watershed: T_ a fth, ;SSAQUAH King County KENT !All A 4edlIIC S-hornsh County mw Point Y. 2 Lake Washington/Cedar/ Sammamish Watershed - 692 Square Miles • 2 Major River Systems (Cedar), - 2 Large Lakes (Washington), - Puget Sound Nearshore • 1.3 Million People+ • 2 Counties; 29 Cities (Renton) • 14 Stocks of Salmon: - 3 Chinook - 5 Bull Trout - 2 Coho - 1 Steelhead - 3 Sockeye 3 a 4' Salmon Focus Addresses Multiple Goals • Stormwater management • Water quality • Flooding • Parks - active and passive recreation • Aesthetic and scenic value • Legacy f or f uture generations • Quality of I if e M b - WRIA 8 Plan Contributes to 5NAi2C0 ST&ATEGY Puget Sound Recovery A_ __ - -_ - - - - ��,ters�eds WOOps, More P1 Fish ,.. �ESA Coverage Diversity of Perspectives • Local governments • Citizens • Scientists • Businesses • Community groups • Public agencies • Open houses, presentations • Several drafts of plan Purpose and Focus of the Plan • Set priorities for limited resources • Build on science foundation • Offer recommendations for actions to protect and restore habitat • Implement through adaptive management Implementation Framework • Continue collaborative approach • Monitor to track what works • Negotiate assurances f rom f ederal and state governments in exchange for local government commitments • Seek funding f rom multiple sources Local Governments • Determine how to ratify • Decide what to implement • Lobby together for funding • Negotiate for federal and state assurances Land Use Actions • Voluntary • No additional layer beyond current requirements • Incentives and flexibility • Growth in urban areas • Salmon focus addresses multiple goals 7 Focus for Renton in WRIA 8 • Cedar River • Lake Washington, especially south end • Both are top priorities for protection and restoration Status of Plan Of 27 jurisdictional partners: • 19 local governments have ratified the plan so far! • Renton and 3 more scheduled this week WRIA 8 Plan is submitted to federal and state governments (through Shared Strategy) as part of Puget Sound -wide recovery plan 9 Clean Cool Water for Salmon and People CITY OF RENTON MEMORANDUM DATE: July 18, 2005 TO: Terri Briere, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • IKEA Renton River Days begins this week. The six -day festival, running through Sunday, July 24 h, includes Kids' Day, Senior Day, the parade, the Rubber Ducky Derby, an art show, a book sale, and great, free entertainment throughout the weekend. Most activities take place at Liberty Park in the heart of Renton. For a complete line-up of activities, events, and schedules, visit www.rentonriverdays.org. • Please help identify and nominate for Renton's Citizen of the Year, those individuals from throughout the Renton community who perform acts of goodwill in an effort to help others and improve the quality of life in Renton. Nomination forms can be filled out on-line from the Spotlight section of the City's website, www.ci.renton.wa.us, or obtained by calling the Renton Chamber of Commerce at 425-226-4560. The nomination deadline is August 3 0. COMMUNITY SERVICES DEPARTMENT • The community is invited to view the preliminary Final Master Plan for Heather Downs Park at a meeting on Tuesday, July 26`h, at 7:00 p.m., at the Highlands Neighborhood Center, 800 Edmonds Avenue NE. The final master plan will incorporate the community's feedback and suggestions from previous meetings, in addition to input and comments from the Park Board commissioners and City Councilmembers. The site of the park is located on Union Avenue NE between NE 3rd Court and NE 2nd Place. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • During the 100-year birthday celebration of aviation pioneer Clayton Scott on Friday, July 15"', Renton Transportation/Aviation Committee Chair Marcie Palmer read the City proclamation announcing the decision to add the honorary name of "Clayton Scott Field" to the Renton Municipal Airport. We understand that a public announcement in recognition of Clayton Scott was made last week at Safeco Field during a Mariner's game and included the honorary naming of the Renton Airport. • On July 14'', the I405 corridor charette team, consisting of consultants and Renton and WSDOT staff members, reported out some innovative ideas to resolve some of the challenging issues associated with the I- 405 corridor project in Renton. These ideas will continue to be developed and will be presented to Renton's policymakers in the coming days. POLICE DEPARTMENT • The Renton Police Department invites you and your neighborhood to join forces on Tuesday, August 2°d, to give crime and drugs a going away party during National Night Out. Talk with your neighbors and host a block party, potluck, barbecue, dessert social, or just a casual get-together. The Police Department will make every effort to attend each and every function. Register your event with the Crime Prevention Unit by calling 425-430-7520. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community Services/Human Services Staff Contact...... Dianne Utecht, ext 6655 Subject: 2006-2008 King County Joint City Interlocal Agreement on the Community Development Block Grant (CDBG) Program. Exhibits: 1. Issue Paper 2. Resolution 3. Interlocal Agreement r AI N: For Agenda of: July 18, 2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ X Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Community Services Committee Legal Dept........ Yes Finance Dept.... Other ............... Fiscal Impact: Expenditure Required... $283,361 Transfer/Amendment....... Amount Budgeted....... $283,361 Revenue Generated......... $283,361 Total Project Budget $283,361 City Share Total Project.. SUMMARY OF ACTION: Renton's participation in the King County Consortium to receive Community Development Block (CDBG) Grant funds is subject to renewal every three years. Renton, Federal Way and Shoreline negotiated a separate agreement with King County that preserves the ability of the city to make its own decisions regarding what projects receive funds. It does not require an increase in City staff to administer the program, as it utilizes King County staff for specific administrative functions. It is more beneficial to the City than becoming a direct entitlement recipient or participating in the Consortium on a subregional oversight committee to decide on funding for South King County. The amount remaining for Renton to allocate is $283,361, after King County funds for administration, Housing Stability, and the King County Deferred Home Loan program are deducted from Renton's total funds. STAFF RECOMMENDATION: Staff recommends Renton enter into the Joint Interlocal Agreement to receive CDBG funds through the King County Consortium for 2006-2008. Rentonnet/agnbill/ bb COMMUNITY SERVICES DEPARTMENT ♦, ` M E M O R A N D U M DATE: July 11, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: V J�3 Kathy Keolker-Wheeler, Mayor FROM: �a Dennis Culp, Community Services Administrator � \ STAFF CONTACT: Dianne Utecht, ext. 6655 V--�� SUBJECT: King County Joint City Interlocal Agreement on the Community Development Block Grant (CDBG) Program ISSUE: Should the City of Renton sign the Joint City Interlocal Agreement on the Community Development Block Grant (CDBG) Program for the 2006-2008 period to receive funds through the King County CDBG Consortium? RECOMMENDATION: Human Services staff recommends Renton enter into the Joint City Interlocal Agreement to receive CDBG funds through the King County Consortium for 2006-2008. BACKGROUND INFORMATION: Renton, other suburban cities in King County, and King County participate in the King County Block Grant Consortium (Consortium). Membership is renewed every three years through an interlocal agreement. Renton must notify King County by August 1, 2005, whether we want to continue to participate in the Consortium for 2006-2008. The Cities of Renton, Federal Way and Shoreline all have populations that exceed 50,000. Cities that have populations over 50,000 can elect to receive CDBG funds directly from the Department of Housing and Urban Development (HUD). This is called a direct entitlement. Having this option gives the three cities more negotiating flexibility, because King County does not want the three cities to become direct entitlement recipients. The three cities also believe that negotiating with King County together will be more likely to result in an agreement advantageous to the cities than if each city negotiated separately. The Joint City Interlocal Agreement is the result of those negotiations. h:\work in progress\issuepapericaWdoc Terri Briere, Council President Page 2 of 5 July 11, 2005 The provisions of the proposed agreement will allow Renton to continue making its own decisions about how to allocate CDBG funds, with a few conditions. It also does not require an increase in City staff to administer the program, as it utilizes existing County staff for specific administrative functions. With the exception of Renton, Federal Way and Shoreline, the agreement that King County made with the other participating cities does not allow individual cities to make their own funding decisions. Faced with decreasing CDBG funds and increasing administrative costs, The King County Consortium changed how the consortium will be structured in the future, starting in 2006. Instead of each city allocating their own CDBG funds, it will be done on a subregional basis. The two subregions are North/East King County and South King County. Agencies and cities will apply to the subregion for funds, and a subregional oversight committee will decide who is awarded funding. King County will continue to be responsible for the funds for unincorporated King County. King County will administer the entire CDBG program. The proposed Joint City Interlocal Agreement has the following advantages: • The administrative costs paid to King County are limited to 12% of the available funds. Based on the projected fund Renton will receive in 2006 (10% less than 2005), Renton will pay King County $31,665 less than paid in 2005. • Renton can allocate funds to the South King County subregional projects and/or King County projects. We have the choice of funding projects that only benefit Renton residents that are physically located in Renton, or funding projects that are more subregional in nature -that are not physically located in Renton, but are used by and benefit Renton residents. • King County retains the reporting responsibilities to the federal government for all activities undertaken with CDBG funds. • King County has the staff and infrastructure in place to operate the CDBG program and implement a variety of projects and programs. • Renton will continue to have representation on the Joint Recommendations Committee (JRC), the body that makes policy decisions for the Consortium. Renton, Federal Way and Shoreline share two positions on the JRC and rotate the representation annually. • Renton retains its ability to access the Consortium pool of loan and loan guarantee funds for economic development activities. The proposed Joint City Interlocal Agreement has the following disadvantages: • Beginning in 2007, Renton is limited to funding a maximum of four public service projects. In 2005, six agencies (Communities in Schools of Renton/family liaisons; Community Health Centers of King County/dental; Domestic Abuse Women's Network/shelter; Elderhealth/adult day health program; Emergency Feeding Program/emergency food; Visiting Nurse Services/senior health promotion) received funding. To reduce the number of agencies funded, Renton has the option of combining projects that serve a similar population into one contract (like Elderhealth and Visiting Nurse Services that both primarily serve a population over fifty-five years of age), or by switching the funding of some agencies from CDBG to general fund and vice versa. hAwork in progress\issuepapericaWdoc Terri Briere, Council President Page 3 of 5 July 11, 2005 • For capital projects, Renton is limited to one stand-alone project per year (a project that only Renton funds; there is no funding from the other Consortium members) that will require the contractor and subcontractors to pay prevailing wages. This typically only happens in construction projects. An example of this is the Downtown Action to Save Housing. In 2005, Renton allocated $47,877 to construct low/moderate income housing in Renton. Currently Renton is the only Consortium member funding this project. Under the proposed agreement, this would be the only construction project to which Renton could allocate funds. Most construction projects receive funding from a variety of public sources, so stand- alone projects are rare. Renton can fund one additional stand-alone capital project per year, which does not trigger the payment of prevailing wages. Land acquisition costs and non -construction programs that are funded with capital dollars meet this requirement. In 2005, the City of Renton Housing Repair Assistance Program was allocated $192,582. Under the proposed agreement, this would be the only stand-alone program to which Renton could allocate funds. In 2005, using CDBG capital funds, $31,140 was allocated to HomeSight and $28,694 to the Multi Service Center Employment Program. Both are examples of programs that are funded with capital dollars and receive funds from other members of the Consortium, so they are not stand-alone projects. Under the proposed agreement, if the subregion or King County chooses to fund these projects, Renton can also contribute funding. The following chart compares key components of the current Joint City Interlocal Agreement to the proposed Joint City Interlocal Agreement. Components Current A eement Proosed Agreement. Public Services City determines agencies City determines agencies to to be funded and be funded and administers Federal regulations allow administers contracts. contracts. 15% of CDBG funds for public services. Minimum project funding Maximum of 4 projects. $10,000. h:\work in progress\issuepapericaWdoc Terri Briere, Council President Page 4 of 5 July 11, 2005 Administration Federal regulations allow twenty percent of CDBG funds for Planning and Administration. King County Housing Repair Program (deferred home loans & grants) Housing Stability Program (Homelessness Prevention) Current Agreement County's administration costs are estimated to be around 18%. The administrative costs for King County are taken off the top and the City gets the balance. For 2005, Renton will receive $40,685. Currently CDBG covers 58% of contract specialist's salary/benefits City determines allocation annually. Not all cities in Consortium allocate to the program. In 2005, Renton allocated $50,000. The higher of 5% or $300,000 of Consortium CDBG funds. Renton's 2005 amount is $20,717. ed County costs can't exceed 10% of Planning and Administration allocation. Estimated Renton amount for 2006 is $48,855. Based on 2006 estimates CDBG will cover 65% of salary/benefits. Funding set at 25% of annual Consortium CDBG funds. All Consortium cities participate. Renton's share estimated to be $122,13 8. From 2000-2004, Renton allocated $206,220 to the program. Renton is a high user of the program and typically receives more loans/and grants for its residents than the City contribution. An additional $346,637 from other fund sources was spent on Renton residents from 2000-2004. Five percent (5%) of annual CDBG program funds. Rentoi 2006 share is estimated at $24,428 and counted against tl public service funds. These funds are accessed on a first come first serve basis, but Renton residents typically receive more assistance than tI funds contributed by Renton. From 2000-2004, Renton has contributed $87,102 and assistance to Renton residents was $94,488. hAwork in progress\issuepapericaWdoc Terri Briere, Council President Page 5 of 5 July 11, 2005 Components Current Agreement ` Proposed Agreement Capital City determines projects to City determines projects to fun be funded. provided only two stand-alone projects can be funded. County determines project eligibility. City determines project eligibility. County responsible for project management and City responsible for working compliance with Federal with agency to identify project regulations. that may trigger relocation cos and budgeting sufficient funds County worked with cover those costs. agency to identify projects that may trigger relocation Unlimited number of allocatio costs and budgeting to projects funded by other sufficient funds to cover jurisdictions in the Consortium those costs. County will charge 2% of CD Costs to administer capital program funds to cover projects were included in allowable costs of the administrative costs implementation of capital taken off the top. projects. C: Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Mike Wilson, Interim Finance/IS Administrator Karen Bergsvik, Human Services Manager hAwork in progress\issuepaperica06.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. WHEREAS, the federal government will make available to King County, CDBG funds for expenditure during the 2006-2008 funding year; and WHEREAS, the County and the City of Renton believe that it is mutually desirable and beneficial to form a consortium to implement the terms of an interlocal agreement establishing the terms and conditions for expenditure of the CDBG funds; and WHEREAS, the Agreement would establish the planning for the distribution and administration of CDBG, HOME Investment Partnership and other federal funds received on behalf of the consortium from the Federal Department of Housing and Urban Development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into a joint interlocal agreement regarding the Community Development Block Grant Program for the 2006-2008 funding years, and thereafter as the Agreement may be extended. PASSED BY THE CITY COUNCIL this day of )2005. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES. 1119:6/27/05:ma Kathy Keolker-Wheeler, Mayor 2005. 2 JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into by and between King County (hereinafter the "County") and the City of , (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act'), as amended, will make available to King County Community Development Block Grant (CDBG) funds, for expenditure during the 2006-2008 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United States Department of Housing and Urban Development ("HUD"), as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation of CDBG funds based on formula, taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBG program within the urban county; and WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan city becomes a part of the urban county for purposes of program planning and implementation for the entire period of the urban county qualification, and for the CDBG program, will be treated by HUD as any other unit of general local government that is a part of the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a consortium that includes other participating jurisdictions ("Consortium") to implement the terms of this Interlocal Agreement; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan ("Consolidated Plan") by participating jurisdictions; and WHEREAS, the County shall undertake CDBG-funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifying entities to carry out such activities; and WHEREAS, the County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan are met; and CDBG Joint Interlocal Agreement 1 of 121-2t? 20�6-2008 WHEREAS, the County and the City are committed to targeting CDBG funds to ensure benefit to low - and moderate -income persons as defined by HUD; and WHEREAS, the County and the City recognize that needs of low- and moderate -income persons may cross jurisdictional boundaries and therefore can be considered regional and sub -regional needs as well as local needs; and WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Joint Interlocal Agreement, entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the distribution and administration of CDBG, HOME Investment Partnership, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT The County and City agree to cooperate to undertake, or assist in undertaking, activities which further the development of viable urban communities, including the provision of decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -and -moderate income, through community renewal and lower income housing assistance activities, funded from annual CDBG funds from federal Fiscal Years 2006, 2007, and 2008 appropriations, from recaptured funds and from any program income generated from the expenditure of such funds. A. "JRC" means the inter jurisdictional Joint Recommendations Committee as described in Section V of this Agreement. B. "Entitlement amount" means the amount of funds that a metropolitan city is entitled to receive under the Entitlement Grant Program as determined by formula set forth in Section 106 of the Act. C. "Program income" means gross income received by the City directly generated from the use of City CDBG funds which includes income from the Housing Repair Program projects within the City and a pro rata share of net income generated from float loan activity. Pro rata calculations will use the amount in II (B). D. "Recaptured funds" means a fund balance that remains at the close of a project activity, cancellation of an awarded project or a repayment of funds that is required due to determination of ineligible activity by HUD, change of use from original grant award or sale of property. CDBG Joint Interlocal Agreement 2 of 124a— 2 2006-2008 F,. "New stand-alone capital project" means a project that requires the establishment of a new HUD IDIS activity number as opposed to an existing project where supplemental funding is being added. F. "Stand-alone public service project" means a project that has not been funded by the sub - regional process utilized by those non -entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program in the applicable program year. A City's stand-alone public service project may include more than one subcontract as long as only one HUD IDIS activity number is required and the City submits all information, reports and invoices to the County as one project. G. "Joint Agreement Cities" means CDBG entitlement cities that choose to participate in the King County CDBG Consortium for administration of CDBG funds as a party to this agreement. III. GENERAL DISTRIBUTION OF FUNDS A. The County will retain an amount equal to 10% of the City's Entitlement plus program income each year for administration and fund management. The remaining 10% of the City's entitlement plus program income available for planning and administration will be allocated by the City and may be used to plan and administer the City's CDBG projects in accordance with this agreement. B. The County will retain an amount equal to 2% of the City's Entitlement plus program income each year for eligible project management related costs for the implementation of projects funded by the City. C. Five percent of the funds available from the City's Entitlement plus program income shall be retained for the Housing Stability Program, a public service activity in support of homeless prevention and in support of the affordable housing requirements under the implementation of the State Growth Management Act (RCW Chapter 36.70A). The remaining 10% from the City's entitlement plus program income available for public services will be allocated by the City in accordance with this agreement. D. Twenty-five percent of the funds available from the City's Entitlement plus program income shall be retained for the Consortium -wide Housing Repair program. The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or in the need for housing repair that justifies an increase or decrease. The remaining capital funds will be allocated by the City in accordance with this agreement. E. The balance of the City's Entitlement plus program income, along with any recaptured funds from city -funded projects, may be allocated to projects selected by the City, provided they are consistent with the provisions of Section IV below. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals and objectives of the King County Consortium Consolidated Plan. CDBG Joint tnterlocal Agreement 3 of 124--1-2 2006-2008 B. Funds shall be used in accordance with the CDBG regulations at 24 CFR 570 and all other applicable federal regulations. C. The City agrees to a maximum of two new stand-alone capital projects per year with a maximum of one project that may trigger Davis Bacon annually. Capital funds not used for these projects may be allocated to sub -regional projects by the City unless returned by City to the sub -regional fund. D. Public Service funds: l . There will be a one-year extension through 2006 to those public service projects awarded funds in 2005. Should the City cancel and/or amend one of those projects, they may reallocate the funds to another project funded in 2005. 2. The City agrees to a maximum of four stand-alone public service projects per year commencing in program year 2007. Funds contributed to a sub -regional public service project would not count as part of the four stand-alone projects in this agreement. E. No project funding minimum is established in this agreement. Project minimums that may be established by the JRC for the Consortium sub -regional funding shall not be binding on the Joint Agreement cities. V. JOINT RECOMMENDATIONS COMMITTEE An inter jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2006 - 2008 Consortium Interlocal Cooperation Agreement and is hereby adopted as part of this agreement. A. Composition —The JRC is composed of three county representatives and eight cities representatives. l . The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those non -entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program. 3. The remaining four cities representatives shall be from cities that qualify to receive CDBG or entitlement funds directly from HUD that are signing either Joint agreements or HOME -only agreements. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program. 4. Two of the eight cities representatives shall be rotated among the CDBG Joint Agreement cities of Federal Way, Shoreline and Renton. The two CDBG Joint Interlocal Agreement 4 of 124-2-1-2 2006-2008 representatives will vote on issues affecting Joint Agreement Cities that are specific to this agreement - - 5. For all the rotating positions, each city will serve two years on and one year off. Each City will select its representative and notify the County. [Which City goes Is`, 2" d, 3Td?] 6. The chairperson and vice -chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. B. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed -upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub -region and two from the south sub -region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties —The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG and HOME Program, including but not limited to the Consolidated Plan and related plans and policies. 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds and HOME funds, including the Administrative Set -aside. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from CDBG and HOME -funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. D. Advisory Committees to JRC—In fulfilling its duty to review and recommend projects and programs to be undertaken with the CDBG and HOME funds, the JRC shall consider the advice of inter jurisdictional advisory committees. Sub -regional advisory committees, made up of one representative from each participating jurisdiction in a sub- region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub -region. The JRC may also solicit recommendations from other inter jurisdictional housing and community development committees. CDBG Joint Interlocal Agreement 5 of 12t2 4-2 2006-2008 VI. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG funds has responsibility for and assumes all obligations in the execution of this CDBG Program, including final responsibility for selecting and executing activities and submitting to HUD the Consolidated Plan, Annual Action Plan, and related plans. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. County will bear responsibility for: the HUD -related portions of program planning 2. preparing and submitting the Annual Action Plan and application to HUD 3. preparing and submitting amendments to the Annual Action Plan 4. setting up the projects in the HUD IDIS system preparing and submitting all other HUD -required planning documents (Consolidated Plan and any amendments; the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan; the Homeless Continuum of Care Plan and the Homeless Management Information System; the Lead Paint Hazard Reduction Plan; etc.) B. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recommendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including approval of the annual CDBG Administrative Set - aside and appropriation of all CDBG funds. D. The King County Executive, as administrator of this CDBG Program, shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRC and provide liaison between HUD and the Urban County Consortium. County Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the JRC to help it fulfill its powers and duties. G. King County Executive staff shall have the authority and responsibility to communicate and consult with Joint Agreement City on CDBG policy and program matters in a timely manner. CDBG Joint Interlocal Agreement 6 of 12 -242 2006-2008 H. King County Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status of CDBG-funded projects and make them available to all participating jurisdictions and the JRC. I. King County Executive staff shall administer contracts and provide technical assistance, both in the development of viable CDBG proposals and in complying with CDBG contractual requirements. King County Executive staff shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment of whether preparation of an environmental impact statement is required. Additional environmental review costs may be charged directly to individual project activity and will be addressed in the proposed project application. K. King County Executive staff shall implement City funded capital projects, except City administered projects as noted below. VII. RESPONSIBILITIES OF THE CITY A. City shall cooperate in the development of the Consolidated Housing and Community Development Plan and related plans. B. City shall assign a staff person to be the primary contact for the County on CDBG/HOME issues. The assigned CDBG/HOME contact person is responsible for communicating relevant information to others at the city. C. The City will bear all responsibility for local annual program planning, using financial projections that will be provided by the County. The City will ensure: that all selected projects (1) are an eligible activity, (2) meet a national objective, and (3) are consistent with the Consolidated Plan and all applicable JRC policies, 2. that the public participation requirements are met and documented and will provide certification of such to the County, 3. that all requested information by the County will be submitted in a timely manner that allows the County enough time to meet HUD timelines, and 4. changes to the local program that require the County to amend budget amounts and/or submit an amendment to the Annual Action Plan after it has been submitted to HUD will only be accepted November through June. Budget amendments received by the 5th day of the month will be effective on the 151 day of the next month. CDBG Joint Interlocal Agreement 7 of 124-2142 20�6-2008 D. The Joint Agreement city and/or their funded agency owning community facilities or other real property acquired or improved in whole or in part with CDBG funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. During the period of the use restriction, the City shall notify County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. 2. During the period of the use restriction, if the City property acquired or improved with CDBG funds is sold or transferred for a use which does not qualify under the CDBG regulations, the City shall reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds). The City will ensure County receipt of all required security documents related to funded capital project activities (this includes non-profit agencies which have been awarded funds) prior to the execution of a contract between the awarded agency and the County in order to incorporate said documents into the contractual agreement. E. City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. Prior to the first and last payment on capital projects exclusive of Housing Repair, acquisition and Community Based Development Organization projects, pre -approval must be received from County staff that federal labor requirements have been met. F. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities, locations, and allocations submitted by Joint Agreement City staff. G. City will be responsible for subcontracting with third parties for services provided by a Community Based Development Organization for employee development services; and for public service and city managed projects, except for labor standards and relocation where responsibility will be shared with the County (see below). If federal requirements have an unforeseen budget implication (for example, if the City has not foreseen the need for relocation) the City will be responsible for the increased budget. H. City shall fulfill to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described below. I. City certifies that it has adopted and is enforcing: a policy that prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and CDBG Joint Interlocal Agreement 8 of 12 4-2 4-22 20�6-2008 a policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within jurisdiction. J. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients when they receive CDBG funds to implement an activity. The applicable requirements include, but are not limited to, a written agreement with the County that complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and reversion of assets. K. City understands that it may not apply for CDBG grant entitlement funds from HUD for the period of participation in this Agreement. L. The City in its participation in the CDBG urban county consortium through this Interlocal Agreement understands that it is also part of the Urban County for the HOME program and may participate in a HOME program only through the CDBG Urban County. M. When undertaking activities and/or projects with CDBG funds distributed under this Agreement, the City shall retain full civil and criminal liability as though these funds were locally generated. N. The City retains responsibility in fulfilling the requirements of the State Environmental Policy Act under which County shall have review responsibility only. VIII. SHARED RESPONSIBILITY A. Federal Labor Standards: County will determine appropriate wage rates for inclusion in the construction bids and contracts, and hold preconstruction conferences with contractors, which city staff will also be required to attend. 2. County will be responsible for reviewing and approving weekly certified contractor payrolls (wage rates, benefits, proper apprentice journey ratios, etc.) County will complete a review of initial payrolls submitted to County staff within 10 working business days of receipt from the contractor or City before payment will be made by the contracting agency. 3. County will enforce contractor compliance with federal labor standards if the City waits to pay first and last construction draws until after the County approves the certified payrolls. If City pays before the County approves, City will be responsible for any compliance problems. 4. County will be responsible for submitting information for the semi-annual contractor/subcontractor report and the Section 3 report to HUD. CDBG Joint Interlocal Agreement 9 of 124212 20�6-2008 County will provide technical assistance to identify Davis -Bacon issues during the application process. 6. County will handle non-compliance issues provided the above requirements are met. B. Uniform Relocation Act/Barney Frank: City is responsible for identifying proposed projects that may trigger relocation and replacement housing requirements, and for budgeting sufficient funds in the project up front to address these issues. 2. County will provide advice and technical assistance if consulted ahead of time and will handle any necessary relocation processes. 3. City and/or funded agency will be responsible for any unforeseen relocation costs. Any unresolved relocation cost will be charged against the City's grant amount after due diligence is completed in collecting payment of funds from the funded agency. C. Financial/Fund Management: County will be responsible for contracting with HUD for the grant funds; recording and tracking loan repayments and other program income; determining funds available under the caps; setting up and drawing down from IDIS; paying vouchers submitted by the city; doing budget revisions upon amendment; reconciling balances, program income, and funds available for carry over or reallocation at year's end; tracking overall expenditure rate; financial reporting to HUD, etc. D. Reporting: City will report accomplishments to the County on each of their public service and stand alone projects. 2. County will prepare all reports to HUD: CAPER; semi-annual reports on contracting/subcontracting, Section 3, and labor standards; quarterly Federal Cash Transaction Reports. County will report quarterly on capital project status and on housing repair activity. The Housing Stability Program report will continue to be submitted annually with updates provided on the geographic location of clients served. E. Monitoring: City will annually monitor the agencies with which it subcontracts to ensure compliance with all federal, state and county requirements associated with CDBG funding with an on -site monitoring visit not less than every two years. CDBG Joint Interlocal Agreement 10 of 124-24-2 2006-2008 2. County will monitor the Oty (and may monitor selected subcontracting agencies). County will be monitored by HUD, the State Auditor, and by the HUD Inspector General. County staff will meet with City staff quarterly to monitor, provide technical assistance, and discuss capital project status. F. City will provide the County all information necessary from its application process for contracting and implementation purposes for all other stand-alone capital projects G. City staff may participate in other Consortium -wide planning activities envisioned in the Consolidated Plan such as the HOME Working Group and monitoring the Housing Stability Program, THOR funding, and other sub -regional processes. VIII. GF,NFRAI, TERMS A. This Agreement shall extend through the 2006, 2007, and 2008 program years, and shall remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. This Agreement shall be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice that it wishes to amend this agreement or elects not to participate in the new qualification period by the date set forth by HUD in subsequent Urban County Qualification Notices. The County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall accept and agree to comply with the policies and implementation of the King County Consortium Consolidated Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. City agrees to affirmatively further fair housing and will ensure that no CDBG funds shall be expended for activities that do not affirmatively further fair housing within its jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. Parties to this Agreement agree to negotiate in good faith any issues that may arise that are not specifically addressed by this Agreement. CDBG Joint Interlocal Agreement 11 of 12124 2 20�6-2008 G. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shall take place when the parties to this Agreement have executed a written amendment to this Agreement. The City and the County also agree to adopt any amendments to the Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and to submit such amendment to the HUD. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. KING COUNTY, WASHINGTON for King County Executive Jackie MacLean Printed Name Director, Department of Community and Human Services Title Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Michael Sinsky, King County Senior Deputy Prosecuting Attorney CITY OF By: Signature Printed Name Title Date Approved as to Form: CITY OF CITY ATTORNEY City Attorney ATTEST: CITY OF City Clerk CDBG Joint Interlocal Agreement 12 of 1242-1-2 2006-2008 CITY OF RENTON COUNCIL AGENDA BILL AI . i 1 Jr Submitting Data: Planning/Building/Public Works For Agenda of: July 18, 2005 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of Dedication of right-of-way of Tract F of Correspondence.. the Oakesdale Commerce Center -East, Binding Site Ordinance ............. Plan. Resolution............ Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Hearing Examiner's Report Information......... Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: Oakesdale Commerce Center LLC is required by a Hearing Examiner's decision to dedicate a 40 foot wide strip of land known as Tract F, (approx. 38,501 sq. ft.) on the east side of Springbrook Creek. This land together with the recently dedicated (3-14-05) Tract E, west of the creek, will provide for an open space system and a paved pedestrian trail to be built by the applicant according to City standards. This dedication is part of the Oakesdale Commerce Center -East, Binding Site Plan, LUA03-089. STAFF RECOMMENDATION: Accept the dedication as presented and authorize the Mayor and City Clerk to execute the dedication document. I:\P1anReview\C0LS0N\Shortp1ats 2005\OakesdaleCommerceCenter-East-BSP 04mAGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 125381-0130 and 125381-0140 Project File #: C�ip Street Intersection: NEC of Oakesdale Ave. S.W. and S.W. 34th Street Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. Oakesdale Commerce Center, LLC 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 3.) Tract "F" That portion of the 40-foot strip adjoining Lots 5 and 6 in Block 6 of Burlington Northern Industrial Park Renton II, as per Plat recorded in Volume I I I of Plats, page 42 through 44, records of King County; which is delineated on the face of said Plat as "Springbrook Creek Greenbelt and Pedestrian Easement", which lies between the Westerly extension of: the North line of said Lot 6 and the South line of said Lot 5; Situate in the Northwest Quarter and the Southwest Quarter of Section 30, Towns i 23 North, Range 5 East, W.M., City o Renton, County of King, State o Washington. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in'the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accented Bv: Granto (s): Grantee(s): City of Renton I Kirk Johnson Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: P:A 1000s\11010\doc\deed of dedication- East.doc Page 1 FORM 04 0001/bh INDIVIDUAL FORM OF A CKNO WLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that 1 know or have satisfactory evidence that Notary Seal must be within box .0*e- t $-I1A , signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING On this (0fLday of � t9-- , before me personally appeared ki r %L- )rAlA to me known to be C =-o N- of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) ),n6e M, -f aSyr—� My appointment expires: A\ kq I (Og Dated: PAI 1000s\l 1010\doc\deed of dedication- East.doc Page 2 FORM 04 0001/bh LEGAL DESCRIPTION TRACT "F" That portion of the 40-foot strip adjoining Lots 5 and 6 in Block 6 of Burlington Northern Industrial Park Renton 11, according to Plat recorded in Volume 111 of Plats, page 42 through 44, Records of King County, which is delineated on the face of said Plat as "Springbrook Creek Greenbelt and Pedestrian Easement', which lies between the Westerly extension of: the North line of said Lot 6 and the South line of said Lot 5; Situate in the Northwest quarter and Southwest quarter of Section 30, Township 23 North, Range 5 East, Willamette Meridian, City of Renton, County of King, State of Washington Project Name: Project Name: Seattle Times Property - Renton June 2, 2005 Revised: July 1, 2005 BDG/jml/jss 110101.009.doc [;L.VVI♦ �rT-N.1 ��nl\I♦ I\41• + % SW 30th STREET �I >� I —38,501 SO.FT.± I 0.884 ACRES± —40' I I _ ` SW 3_4T_H STREET — ®=AREA TO BE THE 1 — — CITY OF RENTON File: P:\11000s 11010\surve \11010EXH03.dw Do Scole: HoriTontol 1 "=200' Verticol 18215 72ND AVENUE SOUTH v- (425)251-6222G A��KENT. WA 98032 mZ (425)251-8782 FAX CIVIL ENGINEERING, LAND jAENG1t1PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 14:17 Scole: 1=200 BGillooly Xrets: For: Job Number SEATTLE TIMES 11010 RENTON SITE Sheet Title: GREENBELT AND PEDESTRIAN EASEMENT 1 of 1 • 2005 RECORDING NO. SCALE: 1 INCH = 100 FT VOL./PAGE 0 50 100 150 200 250 - PORTION OF NW1/4 & SW1/4 OF SECTION 30, T23N, R5E, W.M. - OAKESDALE COMMERCE CENTER EAST 0 150 300 600 LL FND CITY OF RENTON MON 1551 IN CASE HELD FOR LINE �, Q <D 1� = 3�0� (MAY 2003) m �� FND MON ;o, ;; p✓N,x; a-�4 ,_ ` z�I N N IN CASE N SW 30TN STREET (MAY 2003) FND CITY OF RENTON G H ° CO��EaG MON 1861 IN CASE I HELD FOR POSITION (MAY 2003) 4E W o E opKES�``t�a wEs� 3 i Q ' Lu Nor" c'Mdo�r Z �t GL„ OMM��G� ' -2 j'^. *10 OpKES�N�E Easy I o w S Q n I� 0o! S I w ApP� o Lu Npt 1 Y ! 4 N O I �z FND MON IN CASE N87'S1'04"W 2266.68' FND ?a6f1) " /� CITY OF RENTON SW 34TH STREET IN CASE BENCHMARK 2108 (MAY 2003) VICINITY MAP (MAY 2003) SCALE: 1 " = 300' SEISMIC ZONE NOTE THE SITE IS WITHIN A HIGH SEISMIC HAZARD ZONE. LIQUEFACTION COULD OCCUR DURING AN EARTHQUAKE OF RICHTER MAGNITUDE OF 7.5 OR GREATER PRODUCING AN AVERAGE SYSTEM GROUND ACCELERATION OF 0.2G. January 22, 2004 OFFICE OF THE NEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: Oakesdale Commerce Center/ Capstone Partners LLC l 001 0 Avenue Seattle, WA 98165 Contact: Bob Fadden Lance Mueller & Associates/Architects 130 Lakeside, Suite 250 Seattle, WA 98122 File No.: LUA-03-089, SA-H, ECF, BSP, SM LOCATION: Northeast comer of SW 34'h Street and Oakesdale Ave SW SUMMARY OF REQUEST: Approval for subdivision of a 33.6-acre (net) site into 13 lots and 6 tracts. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on December 9, 2003. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes area summary of the December 16, 2003 hearing. The legal record is recorded on tape The hearing opened on Tuesday, December 16, 2003, at 9:03 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No. 2: Vicinity Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Site Plan/Notes Exhibit No. 4: Building W 1 — Floor Plan Exhibit No. 5: Building W3 — Floor Plan Exhibit No. 6: Building E l — Floor Plan Exhibit No. 7: Building WI — Exterior Elevations Exhibit No. 8: Building W3 — Exterior Elevations Exhibit No. 9: Building El — Exterior Elevations Exhibit No.10: Overall Landscape Plan Oakesdale Cornmerce Center File No. Lt1A-03-089, SA-H, FCF, BSP, SM January 22, 2004 Page 2 Exhibit 11_ Zoning Map _ _ _ _ _Eahibit_No. 12: Binding_Site Plan Exhibit 13: Elevation drawings of Buildings (except Exhibit No. 14: Elevation drawings of Buildings W1, W2, and W6) — W1, W2, and W6 The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, WA 98055. The project is located on the NE corner of SW 34 h Street and Oakesdale Avenue SW. The site is comprised of multiple parcels, divided by Springbook Creek which runs north and south. There is approximately 9 acres of land on the east side of the creek and the remaining portion is on the west side. The subject site is zoned IL (Light Industrial), the property to the north is RC (Resource Conservation), the property to the east and south are both Light Industrial, and to the west is Medium Industrial and a Resource Conservation. The Comprehensive Plan designation is Employment Area — Valley (EA-V). The site is 35.3 gross acres (33.6 net acres). The proposed square footage of the new building area is 532,999 square feet. The proposal is to subdivide property into 13 lots and 6 tracts. There are 13 buildings proposed. All proposed lots meet the required size stipulations by the Light Industrial zone. They also meet all setbacks and lot coverage stipulations. Lots and buildings that are west of the creek will be referred to as W I — W8, and to the east E1-E5. There are no street dedications required, however, the applicant is proposing to dedicate a 40-foot width of land to the City along each side of the creek labeled as Tracts E and F. It is recommended that the applicant prepare a dedication statement and place it on the face of the Binding Site Plan. Tract A, located in the western portion of the site to the east of Oakesdale, is the wetland mitigation area. Tract B, north of Tract A is proposed for a detention wet pond area. Tract C is located on the east side of Springbrook Creek in the northeast corner of the parcel. This is a wetland area. Tract D is to the east of the property and is another detention wet pond area. Tract E is located to the west of Springbrook Creek and contains lands proposed to be dedicated to the City. Tract F, on the eastside of Springbrook Creek is land dedicated to the City, which will contain a future trail. The Environmental Review Committee issued a determination of Non -Significance -Mitigated, with 5 mitigation measures. There were no appeals filed. The Examiner questioned the liquefaction factor, the fact that unknown third parties may be on the site when an event occurs. The applicant and the owners know about the high seismic hazard, but future purchasers down the line and tenants and patrons of businesses on the site who could be hurt by allowing development on a site that is subject to liquefaction. What is the liability to the City for approving development on a site that could be hazardous? Ms. Fiala stated that a letter of understanding of their risk of developing on the site has been submitted. The Geotechnical Engineer was not present to answer the questions. The project does comply with all aspects of the Comprehensive Plan as it is developing property in the Renton valley area for commercial office and industrial uses. There is no decrease of the existing wetlands. Offices and retail uses are allowed in the Employment Area -Valley designation. All lots within the building site plan meet the required setbacks from their respective property lines. Existing vegetation within the wetland mitigation area and along Springbrook Creek would remain undisturbed. Tract A does comply with the landscaping policies, Tract B, as submitted does not comply, but it is understood that the architect has resubmitted plans that do comply. Oakesdale Commerce Center File No. LUA-03-089, SA-H, ECF, BSP, SM January 22, 2004 Page 3 The proposed structures vary in heights, the tallest building would be 31'6", measured to the top of the parapet which meets the development standard for building height. A total of 835 parking spaces would be provided throughout the site. The minimum number of parking required is a total of 647 spaces. The development would provide dock high loading doors for 10 of the 13 buildings and ground level service for the remainder. All buildings comply with necessary requirements. Two driveways are proposed along Oakesdale Avenue SW and six driveways on SW 34'h Street. The northern driveway on Oakesdale would serve semi truck traffic for Building W7 and W8 and the southern driveway would be for small vehicles. All driveways will be signed and SW 340' Street access will be for passenger vehicles only. The design of the building, with high parapets, would adequately screen any roof -mounted equipment. Refuse and recyclable areas would need to be signed at all locations on the site. They will be screened with 8'high concrete walls that will be painted to match the building base color and chain link fencing with slats. It is recommended that they check with Rainier Waste Management for approval of the location and access to the various areas. Construction Mitigation Plans are required prior to the issuance of any building or construction permits. This proposal is in compliance with the surrounding uses of office, warehouse and distribution. The site would be arranged as a campus with buildings sited with landscaping, parking, varied building heights, pedestrian sidewalks and with a common design theme to coordinate all buildings. The site plan is in compliance with vehicular and pedestrian circulation which is adequately separated with the use of sidewalks. It has been indicated that there is not adequate fire flow available to serve this project, a new looped water main system is required to be installed throughout the project to provide for adequate fire flow. The Fire Department has indicated that an emergency access is required for the eastern section of the property. The applicant is looking at ways to provide this access. The applicant will pay the appropriate Fire and Transportation Mitigation Fees. The binding site plan should clearly identify utility easements providing water, sanitary sewer and storm drainage to each lot. The installation of required street and utility improvements for the entire binding site plan must occur prior to building construction. The lots created by the binding site plan would be subject to private Covenants, Conditions and Restrictions to be established by the property owner. A draft has been submitted and will be reviewed by the City Attorney and Property Services. Staff recommends approval of the Oakesdale Commerce Center Binding Site Plan Review Application subject to five conditions. Robert Wells, Architect, Lance Mueller & Associates, 130 Lakeside, Suite 250, Seattle, 98122 stated that they accept the conditions that Ms. Fiala has stated, except for the gating of one drive and closing the other, they would like to have the flexibility to flip which drive is gated and which one would be closed. Mr. Wells presented elevation drawings of the buildings for the site. Oakesdale Commerce Center File No. LUA-03-089, SA-H, ECF, BSP, SM January 22, 2004 Page 4 Daniel Balmelli, Barghausen Engineers, 18215 72"d Avenue South, Kent 98032 stated that they are the civil engineers for the project. Fire flow is available in 34'h Street and Oakesdale Avenue, however, fire hydrants with a loop system need to be provided. Regarding the issue of seismic activity on the site, these types of projects have been developed in the Valley for nearly 20 years. The soils are fairly common, they are a silty, loamy soil which makes them subject to liquefaction. Three to five years ago, the State made a new requirement regarding the design of buildings for liquefaction issues on seismic ground. The structural design of the building is required to accommodate these requirements in this zone. The Examiner stated that his concern is with the fact that the City has been very strict in its requirement for developing near coal mines, and not allowing certain development over potential coal mines. Again, the concern is for innocent third parties rather than those who buy the property and know the problems, it is the people that work there and might visit that are of greater concern. Mr. Balmelli stated that what happens due to liquefaction is the cracking of slabs and concrete walls. It does not say that the building is going to come down, it's just that the buildings could endure some cracking. Kayren Kittrick, Development Services, stated that in regards to the driveway issue, Fire was mainly concerned that there be one driveway expressly for emergency access. It is okay to eliminate one and gate the other, whichever side they want, it can be their choice to accommodate the interflow. There is adequate fire flow to serve this development in 34'h and Oakesdale. To provide appropriate fire flow within the development, they will have to, and are required to build a looped fire line. The queuing problem on Oakesdale is because Oakesdale itself has a middle third turning lane that basically ends at that location. The way it is constructed, it was a question, the latest memo from the traffic engineer was that it would be okay to restrict the right in and right out at that location. There was not going to be sufficient trucks coming in from the north on Oakesdale, most of the trucks would be coming from the south and making right turns. The concern is what is going to happen when Strander is built. Recommendation would be that free movement be allowed at this particular location with a condition that in two years it is revisited. It may be required to be right in, right out at that time. Robert Wells stated that there are negotiations ongoing with K&L Distributors to get an emergency access easement along their existing drive. If that fails, we have to shorten two of those buildings to create a loop along one of the lot lines. Daniel Balmelli questioned if it could be conditioned that the applicant work with the fire department for an acceptable turn around on -site should the connection easement not be obtained. There are other options on -site that would satisfy that may not have been talked about at this point. The Examiner stated that a very expensive bridge across the creek was proposed, however, the City does not want one there. It will be up to the Fire Department to make the call. If they want a separate access, not relying on 34'h Street, they would probably want something coming in from the east, west or north. The applicant is agreeable to the proposed condition of right in, right out on Oakesdale at a future date, if necessary. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:03 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Oakesdale Commerce Center File No. LUA-03-089, SA-H, l-CF, BSP, SM January 22, 2004 Page 5 FINDINGS: The applicant, Oakesdale Commerce Center/Capstone Partners LLC, filed a request for approval of a subdivision of a 33.6-acre (net) site into 13 lots, and 6 tracts by use of a Binding Site Plan. The lots are intended for future commercial, distribution or office development under a proposed site plan. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit M . 3. The Environmental Review Committee (ERC) issued a Determination of Non -Significance - Mitigated (DNS-M) for the proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at the northeast corner of Oakesdale Avenue Southwest and Southwest 34th Street. The site is owned by the Seattle Times which had proposed establishing its printing plant on the site in 1991. That proposal has expired. 6. The subject site is approximately 35.3 acres in area. The subject site straddles Springbrook Creek. There are approximately 9.3 acres east of the creek with access to SW 34th Street. There are approximately 24.3 acres west of the creek and since it is a corner lot it has frontage along both SW 34th Street and Oakesdale Avenue SW. The site is vacant. Wetlands dominate the westernmost quarter of the subject site. 7. The subject site was annexed to the City of Renton with the adoption of Ordinances 1745, 1764 and 1928 enacted in 1959 and 1961, respectively. 8. The site is zoned IL (Light Industrial). 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of employment generating uses. The plan does not mandate such development without consideration of other policies of the Plan. 10. The applicant proposes using a Binding Site Plan to divide the subject site into 13 lots and 6 tracts. 11. The western parcel is approximately 1,200 feet wide (east to west) by 821 feet. It would be divided into 8 parcels and 3 tracts. The parcels and proposed buildings would be arranged in three tiers south to north. The southernmost buildings, Buildings W1 and W2, would be aligned with their long facades facing SW 34th. The middle tier consisting of four buildings, W3 to W6, would be arranged with their shorter facades facing south. The northernmost or third tier would consist of two buildings, W7 and W8. They would be aligned with their long facades oriented toward SW 34th. The wetlands tract would be located in the western quarter of the western parcel at the corner of 34th and Oakesdale. A greenbelt and pedestrian easement would be located along the eastern edge of the parcel, along the western side of Springbrook Creek. 12. The eastern parcel is approximately 471 feet wide (east to west) by 916 feet deep. It would be divided into 5 parcels. There would be three tiers of buildings and parcels, again arranged south to north. E1 and E2 would be the southern buildings and they would be oriented with their short facades facing 34th. E3 and E4 would be the second tier and would be oriented in the same fashion, short facade, facing south. ES would be the sole building in the third tier. It would be oriented with its long facade facing Oakesdale Commerce Center File No. LUA-03-089, SA-N, ECF, BSP, SM January 22, 2004 Page 6 south. There is a wetland located along the northern edge of this eastern parcel_ An easement would again be provided along Springbrook Creek's east side, mirroring the one provided from the western parcel. 13. The parcels are essentially flat. 14. The new buildings will be one and two -stories tall. The tallest building will be approximately 32 feet tall. They will range in size from approximately 24,600 square feet to 82,564 square feet. Three of the buildings, W 1, W2 and W6, are intended for commercial or office uses and would have ordinary facades. The remaining buildings on both sites would have loading docks and rollup doors to accommodate offices, showrooms and distribution services. 15. The total building square footage would be approximately 532,999 square feet. The buildings would be a mix of steel, wood, concrete and glass tilt up walled structures. The buildings would be finished with similar architectural detailing and horizontal and vertical stripping and banding for visual and textural relief. The buildings would also have articulated facades and taller and shorter parapet walls at their tops in addition to the actual building height differences. 16. Landscaping is mainly confined to the exterior or perimeter of the site and buildings but will utilize the wetlands on the northeast and western portion of the site to provide visual landscaped -like amenities in addition to the pedestrian easement and landscape break provided by Springbrook Creek which divides the sites developed features. Staff noted that the applicant will have to meet landscaping setback requirements along both streets. The site also must meet the Valley Area's two percent landscaping requirements and does so by providing 11.8% in its wetland areas and perimeter landscaping. 17. Parking will be provided throughout the site including along 34th and around each of the buildings except where there are service areas or loading docks. Staff calculated parking based on potential uses in the various buildings and derived a range of from 647 to 835 stalls whereas the applicant has proposed 853 stalls. The applicant agreed to eliminate 18 stalls to meet code. Since the property will be divided under the binding site plan, each lot should have its own complement of parking or a shared parking agreement would be necessary. 18. It appears that the loading docks and access meet code. The applicant proposed three driveways to serve the two areas east and west of Springbrook Creek. Staff determined that the eastern frontage should only be served by two driveways and the applicant requested flexibility in locating those two driveways. The three proposed west of the creek were appropriate. In addition, two driveways would be located along Oakesdale in an area north of the wetland to separate large, commercial trucks and passenger vehicles. Staff found those acceptable. Staff noted that turning movements into and out of the site might create potential problems and reserved the right to restrict a driveway or driveways to right -in and right -out movements. 19. There will be an internal series of sidewalks as well as the pedestrian easement for a trail along the creek. 20. The Fire Department determined that the eastern parcel's northern buildings would have insufficient access in the event of an emergency and required a secondary access. The applicant may be able to gain access through neighboring or adjoining property but that is unresolved. As an aside, the original Times project had incorporated a bridge over Springbrook Creek internal to the project. 21. The applicant's plans will create interior parcels that do not have direct access to a public street. Access Oakesdale Commerce Center File No. LUA-03-089, SA-11, ECF, BSP, SM January 22, 2004 Page 7 in such cases would be provided by cross -access easements. The applicant had proposed 24 and 30-foot wide easements while code requires a minimum of 26-foot wide easements. The applicant indicated that they would provide easements meeting code. 22. The applicant proposes dedicating the two easement areas on either side of the creek. The City will require the development of the eastern one with a trail but both will require a dedication statement on the final plan. 23. Storm water detention will be provided in the extreme northeast and northwest portions of the site on Tracts B and D. 24. The site may be subject to earthquake stresses including liquefaction. The ERC imposed a condition requiring the applicant to note the risks on the approved plans. This does not necessarily inform third parties, patrons or employees of potential problems. The applicant indicated that the risks are more directed at building foundations and walls cracking and not severe failure. 25. The IL Zone requires a minimum lot size of 35,000 square feet which controls the way the parcel may be divided. 26. The applicant proposes creating six (6) tracts in addition to the 13 lots. Tracts A and B are located along Oakesdale Avenue and include the wetland and buffer and storm water detention systems, respectively. Tracts C and D are located in the northeast segment of the property and again contain wetland and buffer and storm water detention, respectively. Tracts E and F are located on the west and east side of Springbrook Creek, respectively. They will be dedicated for trail and open space purposes. 27. The applicant has provided for utility lines to reach each of the parcels but has not defined easements that provide corridors for the utility lines. Staff recommended that easements be defined that correspond with the access/easement roadways the applicant has created. CONCLUSIONS: Site Plan 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; C. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air, Oakesdale Commerce Center File No. LUA-03-089, SA-H, F,CF, BSP, SM January 22, 2004 Page 8 h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The proposed Binding Site Plan and "design" site plan appear reasonable although the applicant will have to modify some aspects of the proposal to comply with code or meet Fire Department requirements. The thirteen buildings will provide for a range of commercial tenants needing simple space to those needing larger space and substantial delivery areas. The buildings will provide additional employment opportunities in the City. The suite of buildings have been designed with one theme and will provide a coordinated and well -designed complex compatible with the goals and policies of the Comprehensive Plan. 3. The project meets the requirements of the Zoning Code. The buildings comply with setback, height and landscape provisions. Compliance with the Building and Fire codes will be determined when the applicant submits a building permit application. The applicant will have to provide some means of accessing the buildings and parcels in the "E" part of the complex. At this time, access is too remote. 4. The development will increase traffic in this area but staff has noted that access appears reasonable and can be further controlled by turning limitations if there are any problems. The change in driveway number and location also will help traffic flow in and out of the site as well as along the adjacent roadways. The applicant will be paying mitigation fees to offset its traffic impacts. 5. The development of the site will create construction noise and additional everyday noise once construction ceases. These impacts were anticipated when the Comprehensive Plan and Zoning were adopted for the site. The one and two-story buildings are low-rise and appear reasonably separated from one another and should not block light and air. The wide separation provided by the creek and the easements will also afford substantial open space between the two portions of the complex. Coupled with the wetlands and internal landscaping, the complex should appear more open even if the fairly rectilinear arrangement of the buildings lacks creativity. 6. While internal landscaping is somewhat limited, there is substantial open space given the creek, wetland areas and the detention ponds. Staff will have to determine if appropriate setback landscaping has been accommodated on the site. 7. The driveways have been reviewed by staff as have the internal pedestrian paths and they appear reasonable. Staff has recommended the elimination of a driveway east of the creek and this appears appropriate given the shorter frontage. This office will allow the applicant and staff to determine which driveway should be eliminated and alter the spacing of the driveways. to accommodate this recommendation. 8. The site has access to City utilities. Storm water will be handled on site. Binding Site Plan 1. The provisions of the Binding Site Plan are generally as follows: a: LEGAL LOTS: Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed in the applicable zoning district. Oakesdale Commerce Center File No. LUA-03-089, SA-N, ECF, BSP, SM January 22, 2004 Page 9 b: ACCESS: All lots shall provide access to a public street or to a public street by means of an access easement or other recorded instrument approved by the City. New public roads shall be provided for lot access where determined to be appropriate and necessary. c: DEDICATION STATEMENT: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the binding site plan. d: ADEQUATE PROVISION OF UTILITIES: Each parcel created by the binding site plan shall have access to water supply, sanitary sewer, and utilities by means of direct access, access easement, or supporting document approved by the City. e: REQUIRED IMPROVEMENTS: Required improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant. The Administrator may also authorize the phasing of installation of improvements provided any delay in satisfying requirements will not adversely impact public health, safety, or welfare. f. SHARED CONDITIONS: The Administrator may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms. 2. The 13 lots all meet the minimum 35,600 square feet required for development in the IL zone. There are no density limitations in the zone. 3. The applicant has arranged a series of internal easements to provide access to the interior lots. Some of the easements are only 24 feet wide and will have to meet the minimum 26-foot width required by code. At this time, the eastern access is not considered acceptable for Fire Department emergency access. A second means of access or some other method of access will be required and any solution will need approval of the Fire Department. 4. The applicant will be dedicating two 40 foot wide tracts on either side of Springbrook Creek for the development of a trail and open space system. This will require a dedication statement of the proper form. 5. Utility lines are shown providing service to each of the 13 lots. What is not shown are easements that allow the lines and provisions for serving those interior lines. The applicant will have to create appropriate easements for utility lines. 6. The applicant will have to provide appropriate fire flow to the site and all interior roadway easements must be installed prior to building construction to allow appropriate emergency response. 7. Since roads and utility lines will be over private land in easement corridors, there will need to be an agreement allowing cross access and service access. Also maintenance responsibility will need to be defined. Covenants, Conditions and Restrictions will be reviewed by the City Attorney. 8. In conclusion, the Binding Site Plan (property division) and Site Plan, appear reasonable and should be approved subject to a number of conditions enumerated below. Oakesdale Commerce Center File No. LUA-03-089, SA-11, ECF, BSP, SM January 22, 2004 Page 10 DECISION: The Binding Site Plan and Building Site Plan are approved subject to the following conditions: The applicant shall comply with the conditions imposed by the ERC. 2. The applicant shall incorporate the required landscape width of 10% of lot depth and plant materials along the Oakesdale Ave. SW street frontage for Tract B. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final binding site plan. The applicant shall gate and shall provide signage for one of the drives within El to allow for emergency vehicle access only and one driveway within Lot E2 shall be removed. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to the issuance of construction/building permits for these subject lots. The applicant and City, with Fire Department approval shall determine which driveway to close and may alter the spacing of the driveways in the eastern parcel. 4. The applicant shall place a dedication statement on the face of the binding site plan stating that Tracts E an F will be dedicated to the City of Renton for trail purposes. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final binding site plan. 5. The applicant shall identify and label the location of all utility and access easements provided to each lot on the binding site plan. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final binding site plan. 6. The applicant shall place and record the following on the face of the binding site plan. Maintenance Provision: The owners of the lots created herein have the right to enter any easement located within other parcels in order to inspect and/or repair existing common private utility and access improvements. 7. All roadway/access easements shall be a minimum of 26 feet wide The applicant shall provide a second means of access or other method of access or emergency protection to the complex of five lots east of Springbrook Creek subject to review and approval by the Fire Department. 9. Each lot shall have its own complement of parking or a shared parking agreement shall be necessary. 10. The applicant shall meet code mandated landscaping provisions for perimeter landscaping, interior parking landscaping and Green River Valley landscaping. 11. The City shall reserve the right to restrict a driveway or driveways to right -in and right -out movements. 12. The City shall determine appropriate language to inform all parties of the potential for ground liquefaction during earthquake events. Oakesdale Commerce Center File No. LUA-03-089, SA-IJ, ECF, BSP, SM January 22, 2004 Page I ORDERED THIS 220' day of January, 2004. e FRED J. KAUFUAN HEARING EXAMINER TRANSMITTED THIS 22'h day of January, 2004 to the parties of record: Susan Fiala 1055 S Grady Way Renton, WA 98055 Daniel K. Balmelli, P.E. Barghausen Engineers 18215 72" a Avenue South Kent, WA 98032 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 TRANSMITTED THIS 22t6 day of January, 2004 to the following: Mayor Kathy Keolker-Wheeler Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division Jennifer Henning, Development Services Holly Graber, Development Services Robert. Wells Lance Mueller & Assoc. 130 Lakeside, Ste. 250 Seattle, WA 98122 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Alex Pietsch, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 5, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. OakesdaIe Commerce Center File No. LUA-03-089, SA-H, ECF, BSP, SM January 22, 2004 Page 12 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. you may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY OF RENTON COUNCIL AGENDA BILL AI N: 1 Submitting Data: Economic Development, Neighborhoods, & Strategic Planning Department Dept/Div/Board. . Staff Contact...... Don Erickson (6581) Subject: Falk II Annexation - 50150 Petition to Annex. Exhibits: • Issue Paper • Petition Certification from K.C. Records, Elections and Licensing Services Division • Petition Certification from K.C. Assessor's Office • 50150 Petition to Annex For Agenda of: July 18, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance........... . Resolution........... . Old Business........ New Business....... Study Sessions...... Information ......... X X Recommended Action: Approvals: Council concur. Legal Dept......... X Finance Dept...... Other. Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Council accepted a 10 % Notice of Intent petition on December 6, 2004 for this annexation. On May 25, 2005 the City received a 50150 Petition to Annex, which was forwarded to King County Records, Elections and Licensing, and the King County Assessor's Office for certification of sufficiency for both registered voters and property owners. Both Elections and Licensing and the Assessor's Office have now certified that the petition is sufficient. Under State law, two public hearings are required to be held on the zoning that would be applied if the proposed annexation is accepted. Council is being asked to accept the 50150 Petition to Annex and, if it does, hold the first public hearing on future R-8 zoning for the 6.29- acre site. If Council concurs, the Administration is also seeking authorization to forward the Notice of Intent package to the Boundary Review Board for its mandatory 45-day review. STAFF RECOMMENDATION: Set August 1, 2005 as the date to consider whether to accept the 50/50 Petition to Annex for the Falk II Annexation and hold the first of two required public hearings on future zoning. f��y ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC ', ,� 1 PLANNING DEPARTMENT M E M O R A N D U M DATE: July 6, 2005 TO: Terri Briere, Council President City Council Members VIA: Kathy Keolker-Wheeler, Mayor p FROM: �1410 Alex Pietsch, Administrator WN STAFF CONTACT: Don Erickson (x6581) SUBJECT: Proposed Falk II Annexation - 50/50 Petition to Annex and Future Zoning ISSUE: The City is in receipt of a certified 50/50 Petition to annex about 6.4 acres (Figure I Vicinity Map). If this annexation is approved, City of Renton zoning would supplant existing King County zoning on the non -street portions of the subject site. R-8 zoning, consistent with the current Comprehensive Plan Land Use Map designation, is proposed to replace King County's R-I zoning. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council: • Accept the 50/50 Petition to Annex; Prezone the 6.29-acre non -street portion of the annexation area R-8, pending annexation to the City; and • Authorize the Administration to forward the Notice of Intent package to the Boundary Review Board and begin preparing ordinances for future annexation and rezoning. BACKGROUND SUMMARY: The Council held a Public Meeting with proponents of the annexation on December 6, 2004. At that time, staff presented information on the proposed annexation including that for utility service providers, surface water drainage, and fiscal impacts (see attachment). Staff also indicated that the proposed annexation was consistent with relevant Comprehensive Plan policies related to annexation as well as Boundary Review Board h:\ednsp\paa\annexations\falk ii\50% petition and rezone issue paper.doc Terri Briere Page 2 of 2 July 6, 2005 objectives. At full development, the estimated annual fiscal cost of this annexation to the City was $843 per year. Based on more current estimates for when construction would occur, the net annual estimated impact to the City would be a surplus of $2,955 per year. Also, based upon an anticipated future population of 100 people, a one-time parks/acquisition expenditure of $22,380 would be required to bring this area up to adopted citywide recreational standards. At this public meeting, Council accepted the 10% Notice of Intent petition and authorized circulation of a direct petition to annex. The applicant chose to use the new 50/50 method of annexation, based upon a petition having signatures representing a majority of the annexation's area, as well as a majority of the registered voters residing there, rather than the more frequently used 60% method. The applicant submitted the direct petition to the City on May 25, 2005, and on June 7, 2005, the King County Assessor's Office certified that property owner signatures on the petition represented 50% or more of the proposed annexation's area. On June 28, 2005, King County Records, Elections, and Licensing certified that signatures representing more than fifty percent of the registered voters residing in the annexation area had also signed the petition. Renton's Comprehensive Plan designates the subject area Residential Single Family (RS) on its Land Use Map. Zoning in the surrounding area is consistent with this designation. The Sundance Subdivision to the west is zoned R-8 and the 55-acre WSDOT site to the north, where it abuts South 47th Street, is zoned R-4. Most of the existing development on the east side of 102°d Avenue South in unincorporated King County is currently zoned R-6. Also, in 2004, the County changed the land use designation of the area west of the site from Greenbelt/Urban Separator to Urban Residential 4-12 du/acre, reflecting the fact that the actual steep slope area was further west and already in Renton. Prezoning the non -street portions of the annexation site R-8 would be consistent with what is shown on Renton's Comprehensive Plan for this area. CONCLUSION: The proposed annexation and zoning are consistent with both land use and annexation policies in Renton's Comprehensive Plan. The annexation also appears to comply with relevant objectives of the Boundary Review Board. A majority of the registered voters within the annexation area support the annexation to the City of Renton and agreed to assume their proportional share of the City's outstanding indebtedness, as well as zoning consistent with the Comprehensive Plan. Fiscal impacts, except for a one-time park acquisition/improvement fee, were positive as well. The proposed annexation and rezone therefore appear to be in the public interest. H:\EDNSP\PAA\Annexations\Falk I1\50% Petition and Rezone Issue Paper.doc _ r s1lth PI- - I -,- - _ o - -� -- - - --- - -t - - - - - th t �- --=-UTT9- --- T- -- - - - - h St- -- -. -) �j "rop osed Falk II Annexation 0 600 1200 Figure 1: Vicinity Map Economic Chvelopment, Neighborhoods & Strategic Planning — — City Limits 1 : 7200 Akx Nc4rh. Administrator l_ G. Del Ru>ana Proposed Annex. Area N:T 10 December 2004 Proposed Falk II Annexation Figure 3: Existing Structures Map Structure Economic Development, Neighborhoods & Strategic Planning — — — City Limits ®� Alex , Administrator G. Dell Rosario Proposed Annex. Area A T 10 December 2004 120.51 X — 119.22 — X 121.41 ` X 120.52 X \ \ - 121.39 X i 122.42 _—% X _ 122.68 X 123.57 X 123.39 124. 124.20 / X 123. 9 X 124.40 X 124.7 X124. 0 X 122.73 � l X 124.32 1 121.33 122.63 X 125.53 124.27 X (-T f \ 125.83 X �122.88 I / X X �. 125. 3 22.47 x 1, X 123.37 1� 0X 124. 2 it X �l X I 125. 3 \ 124.88 X 121.67 r"roposed Falk II Annexation 0 100 200 Figure 4: Topography Map 1m Interval Contours ' 1 1 Economic Development, Neighborhoods & Strategic Planning — — City Limits 1 1 200 Alex Pietsch, Administrator • G. Del Rosario Proposed Annex. Area ��'NT� 10 December 2004 W t h Proposed Falk II Annexation Figure 5: Sensitive Areas Map >40%Slope Economic Development, Neighborhoods & Strategic Planning _ Wetland ®♦ Alex Retsch, Administrator — City Limits G. Del Rosario ANTo 10 December 2004 0 Proposed Annex. Area (i) King County Records, Elections and Licensing Services Division PETITION CERTIFICATION THIS IS TO CERTIFY that the petition, submitted June 3, 2005 to the King County Records, Elections and Licensing Services Division, concerning a proposed annexation into the City of Renton of the area known as Falk II, has been examined, the signatures thereon carefully compared with the voter registration records of the King County Elections Section, and as a result of such examination, signatures of a majority of the registered voters of the area were found upon the petition, thus the petition is found to be sufficient under the provisions of the Revised Code of Washington. Dated this 28`h day of June 2005. Dean C. irector fml/pet--cat.doc (i) King County Department of Assessments King County Administration Bldg, 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessorinfo@,metroke.gov www.metroke.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted May 27, 2005 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Falk II Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 7th day of June, 2005 Scott Noble, King County Assessor .®l2 m ;i ►'Y Cal= RENTON PETITION TO ANNEX TO THE CITY OF RENTONAy 7 j ?00t UNDER RCW 35A.14.120 ,EC (50% Petition to Annex --Falk II Annexation) KS OFFK TO: THE CITY COUNCIL OF THE CITY OF RENTON [Applicant: ame of 1055 South Grady Way a/ r3Renton, WA 98055 s elephone Number:_ The undersigned (the "Petitioners") are either owners of not less than fifty percent (50%) of real property located contiguous to the City of Renton and registered voters representing more than fifty percent (50%) of the registered voters residing within the proposed annexation area. We hereby petition that such property be annexed to the City of Renton (the "City") under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton held met with the initiating parties under RCW 35A.14.120 on December 6, 2004. The City Council then determined that it would authorize the circulation of a Direct Petition to Annex. Further, pursuant to RCW 35A.14.120, the undersigned petitioners acknowledge that: (1) They are in favor of the proposed annexation; (2) They accept, upon annexation, the City's simultaneous adoption of zoning regulations consistent with the Comprehensive Plan Land Use Map designation shown on the subject property; and (3) If they are property owners, or their designated representatives, they support property owners assuming their proportional share of the City's existing outstanding indebtedness, all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners and registered voters petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This three page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page l of 2 50% Petition to Annex - Falk II Annexation REGISTERED VOTERS WARNING. Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. >,N Siairre and44 � ail�n' Voted �Zeg�strahon lYube 1-13 � 70 1 W2/ W42 .7040, V41- - 2. _�3-oS U1764o9 47-MIWI 414 9P5)7 000 1KV�a 3 gSl) l03-4 VC.sE 3 8 . t _13 _ Qs`�� 4. 03 —oS oo718S19 NZ /1� i+�, 414 Jros� °y°�� �3�f6� s. -t3 -off 4069 6. /o looc S- 10%1� AelK q fXMT %t1QQG4n/ 3'. /EMZ 7. .-a3-ps -�l Iwo Peyv" �IAJ8 9. 10. Page 1 of 2 50% Petition to Annex — Falk II Annexation PROPERTY OWNERS WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate) d i f.,& #✓ - ?,y&!� # 3 } is 3. _ s � #Q y� A� ^s��4.L . 7tga- �lC -. riY�,Ai fi i;'a' pfiIO P /w" j �"n' la 3 a o ST�sT-�,-TIV I We S©L � Abe 13EZCEVuE ?f - ;C�wm)Me 32. g �, 41A qgl" 3 Ma ALAM 3. / Kf I l ma o hr-AE 4. 5. 6. 7. 8. 9. 0. Page 1 of 2 Exhibi1 0 0 Proposed Falk [i Annexation 0 200 400 Figure 3: Existing Structures Map structure sEconomic Development, Neigbbodwo& & Strategic Planning - - City Limits 1 : 24.00 ♦ Akx Pietsch, A"vistratw_ c. Da-r [ ; J Proposed Amex. Area 10 De Mba 20W Exhibit 2 FALK II ANNEXATION LEGAL DESCRIPTION That portion of the south half (1/2) of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 32, Township 23 North, Range 5 East, W.M., King County, Washington, lying southerly of the south line of the north 72 feet thereof, EXCEPT the east 20 feet thereof; TOGETHER WITH the north quarter (1/4) of the Southwest quarter of the Northwest quarter of the Southwest quarter of said Section 32; EXCEPT the east 20 feet thereof, TOGETHER WITH that portion of the west 30 feet of the east half (1/2), and that portion of the east 20 feet of the west half (1/2), of the Northwest quarter of the Southwest quarter of said Section 32, lying northerly of the south line of the north quarter (1/4) of the Southwest quarter of the Northwest quarter of the Southwest quarter of said Section 32, extended easterly, and southerly of a line described as follows: Beginning said line at a point on the west boundary line of the plat of Windsor Heights, as recorded in Volume 173 of Plat, Pages 28 through 30, inclusive, records of King County, Washington, said point being 102.80 feet southerly of the northwest comer of said plat and also being a point on the easterly right- of-way margin of 102" d Ave SE; Thence westerly along said line, said line being perpendicular to said plat boundary line and right-of-way margin, crossing 102°d Ave SE, to an intersection with the westerly right-of-way margin of 102°d Ave SE and the termination point of said line. Submitting Data: Dept/Div/Board. . Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL AI N: r Hearing Examiner Fred J. Kaufman, ext. 6515 Rutledge/Bent Nose Preliminary Plat File No. LUA-05-017, PP, ECF Exhibits: Hearing Examiner's Report and Recommendation Legal Description and Vicinity Map Recommended Action: Council Concur For Agenda of: 7/18/2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Rutledge/Bent Nose Preliminary Plat was published on June 2, 2005. The appeal period ended on June 16, 2005. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on page 6 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Council approval of the Rutledge/Bent Nose Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bh June 2, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT PUBLIC HEARING: Scott Cameron Bent Nose LLC 4-102" d Avenue NE, #201 Bellevue, WA 98004 Karen N, Rutledge 990 Hoquiam Avenue N Renton, WA 98055 Darrell Offe Offe Engineers PLLC 13932 SE 159"' Place Renton, WA 98058 Rutledge/Bent Nose Preliminary Plat File No.: LUA 05-017, ECF, PP 990 Hoquiam Avenue NE Approval for a 10-lot subdivision of a 2.5-acre site intended for detached single-family residences. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on May 10, 2005. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the May 17, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, May 17, 2005, at approximately 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 2 Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4: Tree Cutting and Land Clearing,Plan Exhibit No. 5: Drainage Control Plan Exhibit No. 6: Zoning Ma Exhibit No. 7: Environmental Review Committee Mitigation Measures The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. This plat is located in the eastern portion of the City of Renton, the site is square in shape with a panhandle extending westerly to Hoquiam Ave NE. The site is zoned Residential-8 and the Comprehensive Land Use Designation is Residential -Single Family. The applicant is proposing to subdivide a 2.5-acre site into 10 lots and one tract. The lots are intended for the eventual development of detached single-family homes. Access is proposed via the easterly extension of NE 10°i Street stubbed to the east property line. Street improvements including curb, gutter, sidewalk, lighting and right-of-way dedication are required. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated (DNS-M) with seven mitigation measures. No appeals were filed. The site does comply with the land use, community design and environmental elements of the Comprehensive Plan Criteria. The proposed net density of 5.3 dwelling units per acre does comply with the land use requirements of the R-8 zone. A conceptual landscape plan will be required as a condition of plat approval. Thk applicant did ask for a modification in the half street improvements to reduce the 35 feet to 30 feet with the appropriate pavement width. This modification has been approved with two conditions. All lots meet the minimum lot size and do comply with the lot dimension requirements. Due to the changes in the zoning code in 2004, there is a requirement for all setbacks to be measured from public streets as well as private access easement. Looking closer to Lots 2 and 7, which contain the private access easements, the drawing does show a 5-foot setback from the easement, however the private access easement is included as defined in the yard requirements and so must be a 15-foot side yard setback from that easement for those two lots. The Examiner inquired if the hammerhead meets the requirements of the Fire Department or does it need a turnaround with the stubbed road at the north end of Lot 10. Ms. Fiala stated that until such time that NE 10"' Street is extended to the east, there is a requirement for a temporary turnaround in Lots 9 and 10. There is an existing single-family residence, barn and several other outbuildings on the site. Staff Tacommends that a demolition permit be obtained and these buildings be removed or demolished prior to the recording of the final plat. A conceptual landscape plan will be prepared for all frontages along non -arterial streets (NE 10"' Street), a 5- foot landscape strip is required. A sign will be placed at the end of NE 10°i Street informing new homeowners of the future road extension. Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 3 A homeowner's association or maintenance agreement will be established for all common improvements including those relating to the private access easement, utility easements, and sensitive area tracts. Fire and Park Mitigation Fees have been imposed on the project. The site is located within the Renton School District and they have indicated that they would be able to handle the additional students. Regarding storm drainage, surface water and sanitary sewer, extensions will be required for the appropriate facilities along NE 10°i Street and Hoquiam Avenue NE. The water service is within Water District 90 and a Certificate of Water Availability has been provided. The site is subject to the Honey Creek Special Assessment District. Darrell Offe, Offe Engineers PLLC, 13932 SE 159°i Place, Renton, WA 98058 stated that they are in support of the staff's recommendations and proposals. What is proposed in the Tree Cutting and Land Clearing Plan is the clearing that is necessary to provide the improvements for the project. Livestock and horses have used the property and the vegetation is very compacted and well grazed to the dirt. The trees are sporadic all over the property, there are some fairly good- sized trees. They will only be removing the trees necessary to provide the improvements. Some of the trees on Lots 9 and 10 are so far back that they will be left. The trees that are in the wetland buffer, the City Code allows for stormwater treatment within the outer 50% of the buffer, the buffer being 25-feet, the water quality component of stormwater will be installed in that outer 12.5-feet. NE 10"' Street has a nice grade from Hoquiam to the east property line, about a 1-1/2% grade. Everything will drain to the east and to the south, this allows for the storm detention in the access easement and the water quality component in the outer edge of the buffer. The Detention System will be in a vault under the driveway tract and out of that detention system will convey to a bioswale that will be located in the outer edge of the wetland buffer. Lots 3-6, 9 and 10 will have downspout discharge since there are no impacts behind them or down stream that allow recharging of the wetlands. Lots 1-4 drainage will be collected in the detention system and released through the bioswale. Regarding the Binder property to the west, it is his belief that they will have to install the improvements and that there is no latecomers means of recovering some of that cost for the road improvements, but if it is possible, they will apply for it. A sewer line will be installed along the property line to the north and will be extended all the way to the east for a development that is coming from the east. They will be asking for a latecomer for that sewer line. Larry Reymann, 1313 North 38"' Street, Renton, WA 98056 stated that he is a park ambassador with King County for the May Creek Watershed. It appears to be a good plan, however he would like to see them restore as much as possible in Tract A the native vegetation especially if it has been degraded by livestock. Kayren Kittrick, Development Services stated that this developer volunteered to use the 2004 Manual, which is considered more restrictive than the 1998 Manual. It has some better options for smaller projects such as this especially when there is a wetland involved to make sure that the water quality is correct and the wetland gets recharged. It has not been formally adopted by the City of Renton. The sign on the stub street is installed prior to recording of the final plat. I lowever, there is no guarantee that anyone will read the sign when they are looking for a future home. Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 4 The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at approximately 9:48 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, Scott Cameron, Bent Nose LLC, filed a request for a ten lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 990 Hoquiam Avenue NE. The subject site is located east of Hoquiam and basically south of NE IOth Street. A narrow pipestem aligned with NE IOth Street runs east, connecting the main parcel with Hoquiam Avenue. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses, but does not mandate such developmen4 without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 4918 enacted in October 24, 2001. 9. The subject site is approximately 2.5 acres or 108,754 square feet. The parcel is generally rectangular and is approximately 315 feet wide (north to south) by approximately 330 feet deep. The subject site also has a long narrow pipestem that is approximately 300 feet long and 15 feet wide. The pipestem will be developed as a half street and provide access to the main parcel. 10. The site slopes downward toward the southeast with its greatest grade approaching 15 percent. There is a pond in the southeast corner of the site and Category 3 wetlands and a drainage course running along the southern third of the subject site. The applicant proposes creating a Native Growth Protection Area to preserve the wetland, its required 25-foot buffer, and the drainage channel. H . Many of the trees on the subject site would be removed to allow development of roads, building pads and driveways. Trees would be retained in the Native Growth area with some exceptions for storm water detention. 12. The applicant proposes dividing the acreage into ten lots and a tract, Tract A, containing the natural areas. The lots would range in size from approximately 5,002 square feet to 8,093 square feet. The lots would be arranged in two tiers with the northern tier, Proposed Lots 1, 2 and 7 to 10, located along the Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 5 south side of a new public road, the extension, eastward, of NE I Oth Street. The second tier of lots, Proposed Lots 3, 4, 5 and 6, would be located between the first tier and the natural areas that are located along the south property line. 13. The northern tier of lots would take their access directly to NE l Oth Street. The second tier would have access via a hammerhead, private street that intersects NE 1 Oth between Proposed Lots 2 and 7. 14. Staff noted that Proposed Lots 2 and 7 would need to have appropriate setbacks defined to eliminate use of the easement areas in their respective side yards. 15. The density for the plat would be 5.3 dwelling units per acre after subtracting sensitive areas and roadways. 16. Access to the plat will be over the pipestem that extends west to Hoquiam. A modification will allow the development of a narrower than usual half -street of 30 feet. A temporary turnaround will be required at the eastern end of this new roadway. The turnaround was not shown on the plans. 17. The subject site is located within the Renton School District. The project is expected to generate approximately 4 or 5 school age children. These students would be spread across the grades and would be assigned on a space available basis. 18. The development will increase traffic by approximately 10 trips per unit or approximately 100 trips for the 10 single-family homes. Approximately ten percent of the trips, or approximately 10 additional peak hour trips will be generated in the morning and evening. 19. The site will drain toward the wetlands in the main and stormwater will be treated and released to the swale and wetland. Lots 9 and 10 tend to drain to the north or northeast. The applicant will be using the new 2004 King County manual as a model for stormwater control. 20. Sewer service will be provided by the City. A line is available along Hoquiam that will serve the subject site. Its location will allow gravity service to the plat. 21. Water District 90 will provide domestic drinking water. A certificate of availability has been obtained showing water can be provided to new residents. CONCLUSIONS: The proposed plat generally appears to serve the public use and interest. The subdivision will provide additional housing choices while preserving the natural areas located in the southern portion of the site. The applicant will be preserving approximately one-third of the site that contains wetlands; wetland buffers and a drainage course. 2. The area where the plat would be developed is one where urban services are available or an area to which they can be extended. The development is compatible with the City's Comprehensive Plan and Zoning. The development of the additional lots will also increase the tax base of the City. The plat falls at the lower end of the range providing a density of 5.3 units. This is due to preservation of buffers and natural areas and somewhat larger lot sizes. Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 6 4. Main access will be provided over a new roadway extended easterly from Hoquiam Avenue NE. The roadway will be a half -street that will have to end in a temporary turnaround that will encroach on lots in the subject site. The plat should reflect this turnaround and appropriate language indicating that the turnaround will be required until NE 1 Oth Street connects to and forms a through -link to another public street system east of the subject site. It appears that the private access to the interior lots is reasonable but the applicant will have to assure that lots meet lot area and setback requirements aside from the easement areas for Proposed Lots 2 and 7. In conclusion, the City Council should approve the Preliminary Plat subject to the conditions noted below. RECOMMENDATION: The City Council should approve the Preliminary Plat for 10 lots subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The applicant shall submit a conceptual landscape plan for the five-foot landscape strip as prepared by a registered landscape architect, or a certified nurseryman, or other similarly qualified professional to the Development Services Project Manager for review and approval prior to recording of the final plat. 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. A sign shall be installed at the stub road, NE 10"' Street that informs residents that the road would be extended to the east in the future and carry through -traffic. The sign shall be installed prior to recording of the final plat. 6. The applicant shall have to assure that lots meet lot area and setback requirements aside from the easement areas for Proposed Lots 2 and 7 setbacks. 7. The plat shall reflect the temporary turnaround at the eastern end of NE 1 Oth Street and the plat mylar shall contain appropriate language indicating that the turnaround will be required until NE I Oth Street connects to and fonns a through -link to another public street system east of the subject site. ORDERED THIS 2"' day of June 2005. 1 h l FRED J. KAUF N HEARING EXA 1NER Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 7 TRANSMITTED THIS 2" d day of June 2005 to the parties of record: Susan Fiala 1055 S Grady Way Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Karen N. Rutledge 990 Hoquiam Ave. N Renton, WA 98055 Darrell Offe Offe engineers PLLC 13932 SE 159°i PL Renton, WA 98058 TRANSMITTED THIS 2" d day of June 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Scott Cameron Bent Nose LLC 4-102ne Ave NE, 4201 Bellevue, WA 98004 Larry Reymann 1313 North 38"' Street Renton, WA 98056 Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writinp_ on or before 5:00 p.m., June 16, 2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writinIZ on or before 5:00 p.m., June 16, 2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. Rutledge/Bent Nose Preliminary Plat File No.: LUA-05-017, ECF, PP June 2, 2005 Page 8 _ The Doctrine applies not only to the initial public hearing but to all requests for Reconsideration as well as Appeals to the City Council I 0 H?WAM AVE HE y O z y J_ _ I =� C` N W � ; a t 1 � �� 1 • �1� f' � li t:ii b % zp v i i 1 A 1 Y, m fic 4 \ coCil 41;t 'jp� 1 i I c10 13 m k 8 RUTLEDGE/BENT NOSE PLAT OFFS ENGWEERS aul.la-o.Ou orSrt y . BENT NOSE, LLC— N TREE CUTTING/LAND CLEARING PLAN��e^ 11 r t ;.._.:..:.:..emu D D E6 - 10 T23N ME W 1/2 RM-f c� Field Ave_ SE r.' i -----� Zv cam•«• ;. _ r ...-... ....... . C/] ... 1 ve NNE!....... . .. 142nd Ave: LE__ • 7 - C ! rn Ave. SE �- CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL LUA05-017, ECF, PP Rutledge/Bent Nose Preliminary Plat Scott Cameron, Bent Nose, LLC 990 Hoquiam Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot subdivision of a 2.5 acre site. The site is zoned Residential - 8 du/ac with a proposed density of 5.3 du/ac. The lots range in size from 5,002 sq. ft. to 8,093 sq. ft. and are intended for detached single family residences. All existing buildings would be demolished. Access is proposed via the extension of NE 10th Street easterly from Hoquiam Ave. NE and a private access easement. A Category 3 wetland is on -site and would include a 25 ft. buffer. A seasonal drainage course crosses the south portion of the site. The applicant is requesting a modification to the street standards for a reduced half street right-of-way from 35 ft. to 30 ft. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manua' 2. The project shall be designed to be in compliance with the 1998 Level 2 King County Surface Water Db-.un Manual for water quality treatment and detention. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Credit to be given for one existing residence. The fee shall be paid prior to the recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit to be given for one existing residence. The fee shall be paid prior to the recording of the final plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot. Credit to be given for one existing residence. The fee shall be paid prior to the recording of the final plat. 6. 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 and stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction/utility permits. 7. After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e. split -rail fence or other approved barrier) and signage, noting the critical area, along the entire edge of the wetland and stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 6WXg,T 7 Commitment No. 6326144-1 LEGAL DESCRIPTION SCHEDULE A CONTINUED The land referred to in this Commitment is described as follows: The north 15 feet of the west half of the northeast quarter of the southwest quarter of the northeast quarter; EXCEPT the west 30 feet thereof Deed to King County for road; and north 315 feet of the east half of the northeast quarter of the southwest quarter of the northeast quarter, ALL in Section 10, Township 23 North, Range 5 East, W.M., in ling County, Washington. MEw�t� N iNG 0evevpPO� fk FEB 15 TO ? Cf-1v D6 - 3 T23N R5E E 1/2 SE 1112th Pl. R-4 1 w S lTE CA CA �N I R-10 I R-8 SE 113thl SE 117th I SE 124th I F6 - 15 T23N R5E E 1/2 ° ZONING -'-' - -- x.nbn mot, U-1>b iseoo® E6 P/WPW°z 0,�"CAL URVICM �'j� 10 T23N R5E E 1/2 5310 CITY OF RENTON COUNCIL AGENDA BILL AI #: ` Submitting Data: Planning/Building/Public Works For Agenda of: July 18, 2005 Dept/Div/Board.. Utility Systems/Technical Services Agenda Status Staff Contact...... Karen McFarland (ext. 7209) Consent .............. X Public Hearing.. Subject: Determination of Compensation for City of Renton's Correspondence.. Transportation Systems Division Street Vacation (VAC Ordinance ............. 04-006; Portion of NE 4th Street approximately 180 feet Resolution............ east of Rosario Avenue NE) Old Business........ New Business....... Exhibits: Issue paper Study Sessions...... Appraisal Review Comments Information......... Vicinity Map Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $0.00 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: An appraisal has been obtained by the City of Renton's Transportation Division (on behalf of Bales Limited Partnership) for acceptance and determination of compensation due the City for the area to be vacated in Street Vacation VAC-04-006. The appraisal provides a fair market value estimate of this area. STAFF RECOMMENDATION: Accept the appraisal and waive compensation for Street Vacation VAC-04-006 for the 8 feet by 150 feet portion of NE 4th Street. HAFile Sys\PRM - Property Services Administration\PRM-25 - Street Vacations From 1990 and Forward\0045\compensation\agbilIO705.doc\KMtp /till O� PLANNINGBUILDING/ PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: July 7, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: .' , Kathy Keolker-Wheeler, Mayor FROM: Gregg ZimmermaO E.d:ministrator STAFF CONTACT: Karen McFarland, Technical Services Engineering Specialist (ext. 7209) SUBJECT: Determination of Compensation for City of Renton's Transportation Systems Division Street Vacation (VAC 04- 006; Portion of NE 4th Street approximately 180 feet east of Rosario Avenue NE) ISSUE: An appraisal has been obtained by the City of Renton's Transportation Systems Division (on behalf of Bales Limited Partnership) for acceptance and determination of compensation due the City for the area to be vacated in Street Vacation VAC-04-006. The appraisal provides a fair market value estimate of this area. RECOMMENDATION: Accept the appraisal and waive compensation for Street Vacation VAC-04-006 for the 8 feet by 150 feet portion of NE 4th Street. BACKGROUND SUMMARY: Street Vacation Request VAC-04-006 was approved on March 7, 2005, for a portion of NE 4th Street approximately 180 feet east of Rosario Avenue NE. The dimensions of the area are 8 feet by 150 feet and a utility easement would be retained over the entire area. On June 25, 2005, an appraisal was obtained by the City of Renton's Transportation Systems Division (on behalf of Bales Limited Partnership) for the area to be vacated. Staff has reviewed the appraisal and concludes that the appraisal meets industry standards. The appraisal report provides a fair market value of $2,100.00 for the right-of-way to be vacated in Street Vacation Council/VAC04-006 July 7, 2005 Page 2 of 2 VAC-04-006. Staff believes the estimate determined in the appraisal represents a reasonable and fair market value. State Law and City Code allow for compensation in the amount of the full -appraised value if a street or alley has been a dedicated public right-of-way for twenty-five years or more. The portion of right-of-way included in this petition was wholly acquired by King County through a Warranty Deed from George M. Bales and Alice C. Bales on April 5, 1976. The area of this vacation petition became part of the City of Renton through the Bales Annexation (Ordinance No. 5064) and effectively entered the City on March 24, 2004. Thus, the right-of-way included in this vacation has been a dedicated public right-of-way for more than twenty-five years and State Law and City Code, therefore, allow for compensation amounts to be set at the full - appraised value. As previously mentioned, this vacation request is being brought forward on behalf of Bales Limited Partnership by the City of Renton's Transportation Systems Division. The Transportation Systems Division has come to an agreement with the Bales Limited Partnership. Bales Limited Partnership will dedicate property at the intersection of NE 4th Street and Rosario Avenue NE. The City needs the property in anticipation of a future project to signalize the intersection and to add an eastbound far -side bus pullout. As part of the agreement with Bales Limited Partnership, the City of Renton's Transportation Systems Division has agreed to pursue this street vacation on behalf of Bales Limited Partnership, the developer of the Amberwood Phase II Plat. Bales Limited Partnership intends to use the vacated area by providing a consistent and safe alignment along NE 4th Street. Since the City of Renton's Transportation Systems Division would be paying any compensation amount set by Council pursuant to its agreement with Bales Limited Partnership, staff recommends that Council waive compensation. City Code (RMC 9-14-8) calls for compensation from street vacations to be placed into the Street Fund. Thus, in the event that Council sets a compensation amount, Transportation would, in effect, just be compensating itself. As such, staff recommends Council waive compensation on this street vacation in this particular circumstance. CONCLUSION: Staff has reviewed the appraisal obtained by the City of Renton's Transportation Systems Division (on behalf of Bales Limited Partnership) and concludes that the appraisal meets industry standards. The Planning/Building/Public Works Department recommends that Council accept the appraisal and waive compensation for Street Vacation VAC-04-006 for the 8 feet by 150 feet portion of NE 4th Street approximately 180 feet east of Rosario Avenue NE. cc: Lys Hornsby, Utility Systems Director c:\documents and settings\mpetersen\local settings\temp\issuepaper07O5.doc\KLMtp APPRAISAL REVIEW COMMENTS Reviewed by: Karen McFarland, Utility Systems Division/Technical Services Effective Date of Appraisal: June 25, 2005 Prepared by: Garrett Waldner, MAI Washington Appraisal Services, Inc. Property: The 8 feet by 150 feet of NE 4th Street approximately 180 feet east of Rosario Ave NE which abuts KC Parcel Number 142305-9094. (Street Vacation File No. VAC-04-006) GENERAL: The report contained the necessary analysis for the appraiser to form an opinion of the fair market value of that portion of right-of-way to be vacated. The report indicated that the right-of-way being vacated has a highest and best use of assemblage with the adjacent properties. QUALIFIED APPRAISER The appraiser is experienced and a well -qualified state certified appraiser. PROPERTY VALUATION Since the subject property is Right -of -Way, it is not assessed for taxes by the King County Assessor. The sales comparison approach was the only applicable method for valuation and, thus, was the method used for this valuation. The fair market value was based upon direct comparison with recent sales of similar properties. FIELD INSPECTION An inspection of the subject property and all comparables was made by the appraiser. COMPARABLE SALES The fair market value was determined based upon direct comparison with recent sales of similar properties within a reasonable distance of the subject site. The adjustments to the comparable sales were found to be within a reasonable range of the subject site valuation. CONCLUSION The Planning/Building/Public Works Department recommends that the Council accept the appraised value of the subject land of $2,100.00 for the 8 feet by 150 feet portion of NE 4th Street. Vicinity Map Street Vacation VAC-04-006 Petitioner: City of Renton/Transportation Systs. Div. W Z a NE4thSt 0 L [LEO Area of Vacation Request NE 3 rd Ct Vicinity Map CIV- 0 100 200 1:1200 Technical Services Ln ♦�1♦ Planning/Building/Public Yorks K. McFarland NTO March 2, 2005 CITY OF RENTON COUNCIL AGENDA BILL a7 rIltz Al #: bf a r Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Transportation Division Staff Contact...... Ryan Zulauf, ext 7471 Subject: Federal Aviation Administration Grant for the Airport Layout Plan Update Exhibits: Issue Paper FAA Grant Application Recommended Action: Council Concur For Agenda of: July 18, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $163,111 Transfer/Amendment....... Amount Budgeted....... $200,000 Revenue Generated......... $150,000 Total Project Budget $163,111 City Share Total Project.. $ 13,111 SUMMARY OF ACTION: 917 M X The Airport Layout Plan component of the 1997 Airport Master Plan needs to be updated so that the City can continue to accept federal grant funds from the Federal Aviation Administration for capital projects. In addition, the Airport base map completed in 1997 needs to be updated to reflect the changes to utilities, buildings and Airport pavements. The Federal Aviation Administration (FAA) has a grant available for $150,000 to fund this planning and mapping project. The balance of project costs of $13,111 will be funded through the Airport End Fund balance (Fund 402). The total project cost is $163,111. The total project budget in the 2005 Capital Improvement Program is $200,000. Council approval of the acceptance of the federal funds is required for the Mayor to sign the federal Brant application and jzrant assurances. STAFF RECOMMENDATION: 1. Accept $150,000 in federal funding for the Airport Layout Plan Update to the 1997 Airport Master Plan. 2. Authorize the Mayor to sign the federal grant application and grant assurances documents. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2005\PAA Airport Layout Update Grant al; bill 7-14-05.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: July 18, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Mayor Kathy Keolker-WWheeler FROM: Gregg Zimmerma�Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager, x7471 SUBJECT: Federal Aviation Administration Grant for the Airport Layout Plan Update ISSUE: Should the City accept a grant from the Federal Aviation Administration in the amount of $150,000 to help pay for the update of the Airport Layout Plan and update of the Airport base map? RECOMMENDATION: 1. Accept $150,000 in federal funding for the Airport Layout Plan Update to the 1997 Airport Master Plan. 2. Authorize the Mayor to sign the federal grant application and grant assurances documents. BACKGROUND SUMMARY: The Airport Layout Plan component of the 1997 Airport Master Plan needs to be updated so that the City can continue to accept federal grant funds from the Federal Aviation Administration for capital projects. In addition, the Airport base map completed in 1997 needs to be updated to reflect the changes to utilities, buildings and Airport pavements. Terri Briere, Council President Members of the Renton City Council July 18, 2005 Page 2 RE: Federal Aviation Grant for the Airport Layout Plan Update The Federal Aviation Administration (FAA) has a grant available for $150,000 to fund this planning and mapping project. The balance of project costs of $13,111 will be funded through the Airport End Fund balance (Fund 402). The total project cost is $163,111. The total project budget in the 2005 Capital Improvement Program is $200,000. Council approval of the acceptance of the federal funds is required for the Mayor to sign the federal grant application and grant assurances documents. cc: Sandra Meyer, Transportation Director Ryan Zulauf, Airport Manager Susan Campbell/Kathie Nye HAFile Sys\AIR -Airport, Transportation Services Division\OI Administration\IO Programs_Plans\2005 Airport Layout Plan\FAA Grant ag bill 7-14-05 Issue Papecdoc RECORD OF NEGOTIATIONS July 14, 2005 JOB TITLE: RENTON MUNICIPAL AIRPORT 2005 AIRPORT LAYOUT PLAN UPDATE AIP NO. 3-53-0055-15 On March 29, 2005, the City of Renton approved the selection of URS to provide airport engineering services at Renton Municipal Airport. This was following an evaluation process of those consultants who submitted their qualifications for airport consulting services from a public advertisement. , A preliminary scoping meeting was held at the City of Renton on March 29, 2005. Included at the meeting from the City of Renton were Leslie Lahndt, Design Supervisor , Ryan Plut, Project Manager, Ryan Zulauf, Airport Manager, and Bruce Fisher, Airport Operations Specialist. URS attending included John Yarnish, Principal, and Bob Corbett, Senior Aviation Planner. Another preliminary scoping meeting was held at the City of Renton on April 26, 2005. URS prepared and submitted a preliminary scope on April 28, 2005 based on the discussions during these meetings. A predesign meeting was held on May 13, 2005 and the preliminary scopes were distributed. Those in attendance included Leslie Lahndt, City; Ryan Plut, City; Ryan Zulauf, City; Cayla Morgan, FAA; Fred Mitchell, FPO; John Yarnish, URS; Bob Corbett, URS. Also in attendance were Duane Hartman and Brian Reynolds of Duane Hartman Associates, a surveying firm. A final scope of work was completed and delivered to the City on Thursday, May 18, 2005. The consultants submitted fee proposals based on the scope of work to the City on May 19, 2005. The engineer's proposed fees were as follows: Services provided by URS $ 150,459.00 Services provided by DHA $ 31,248.00 Total: $ 181,707.00 The City engaged W&H Pacific to prepare the independent estimate. The independent estimate was completed on June 16, 2005 and included the following costs: Services provided by URS $ 91,726.00 Services provided by DHA $ 24,404.33 Total: $ 116,130.33 The City, W&H Pacific, and URS met on June 23, 2005 to review the fee estimates and assumptions regarding the scope of work. A detailed comparison of the two fee proposals and results of the negotiations are as follows: URS Services: It was found that the City and URS were far apart in the estimation of hours for certain tasks, mainly those tasks being 1.1, 2.5, 3.1, Element 7, 8.1, and 8.6. In general, the City and the Consultant agreed that a reworking was in order, and that the Consultant should come down on HADIVISION.S\TRANSPOR.TAT\DESIGN.ENG\RYAN\PROJECTS\AIRPORT ALP-CIP URS\RECNEG.DOC - 1 some numbers and the City could come up on some numbers. What follows are comments on certain tasks that were discussed. Task Number .....................Comments 1.1 It was agreed to accept URS's higher hours because so many meetings have already taken place and a considerable amount of time has been spent working over the budget and scope. 1.2 Coordination: URS's hours were deemed to be excessive, and they agreed to reduce them. We agreed upon three committee meetings and that all meetings will each be conducted using existing materials. Advanced submissions and meeting notes will be prepared by City personnel. Each meeting will be attended by one person from URS. No public meetings are included. 2.1 Summarize Findings of Existing Documents: URS's hours were reduced. The summary of existing documents will be limited to a tabular comparison of the previous master plan and the industrial development study. 2.5 Develop Base Maps: The assumption is that CAD base maps are available and that they will be suitable for use as base maps for the ALP. The City has provided URS with the electronic files of the previous ALP. 3.1 WHP agreed to increase their hours allotted for analysis. 7.1 Interim Report: It was agreed that this task would cover production and printing only. 7.2 Final Report and Drawing Set: Again, this task covers production and printing only. 7.3 Products to FAA: URS's hours were revised here. 8.1 Surveying: It was agreed that URS's higher hours were more representative. 8.6 (Task background: There is a PCI Update project for the Renton Municipal Airport currently being conducted by WSDOT. The field work has been completed but analyses were confined to the runway and western taxiway system). So as not to duplicate work, URS revised their scope and budget to include only those sections of pavement not in the area covered by WSDOT. URS assumes that for those sections of apron covered in the PCI report they will be updating existing files and all background maps and pavement histories are usable. For those areas not previously covered, URS will create all materials and produce results compatible with the state program. Travel mileage, plotting, and courier expenses: The quantities for turned out to be pretty close and so was left as is. Printing assumes 3 print copies of ALP Plan Update (1 for FAA/2 for Airport), 2 ALP drawing sets (1 for FAA/1 for Airport), and the balance of deliverables will be electronic copies as recommended by AC 150/5300-13 CHG 7. DHA Services: For the individual services provided by Duane Hartman & Associates, it can be noted that although the spread between DHA and the City was greater than 10%, when the final aggregate amount of all services provided by both DHA and URS is considered, the difference is only HIDIVISION.S\TRANSPOR.TAT\DESIGN. ENG\RYAN\PROJECTS\AIRPORT ALP-CIP URS\RECNEG.DOC - 2 2.74%. This, in the estimation of the City's Consultant W&H Pacific, taken together with the small size of DNA's contract and the fact that the products from URS are dependent upon first obtaining a quality product from DHA, leads us to believe that no adjustment to DNA's numbers are necessary. The City's Consultant W&H Pacific prepared a revised independent estimate based on discussions held during the June 23, 2005 meeting. The revised independent estimate included the following costs: Services provided by URS $ 134,353.00 Services provided by DHA $ 24,404.33 Total: $ 158,757.33 URS prepared a revised consultant fee proposal based on discussions held during the June 23, 2005 meeting. The revised engineer's fee proposal included the following costs: Services provided by URS $ 131,863.00 Services provided by DHA $ 31,248.00 Total: $ 163,1 1 1.00 Based on the independent estimates and the discussions of the negotiations, the consultant's fee proposals are considered reasonable and engineering services contracts are being prepared for review and execution by the City of Renton, URS, and DHA. The consultant's original fee proposal, the independent estimate, the revised consultant's fee proposal, the revised independent estimate, the detailed cost analysis, and a Certification for Selection of Consultants are attached for FAA review and approval. The negotiations were conducted in good faith to ensure the fees are fair and reasonable. The procedures outlined in AC 150/5100-14C have been followed. CITY OF RENTON Ryan Plut, Project Manager Transportation Systems Division City of Renton H:\DIVISION.S\TRANSPOR.TAT\DESIGN.ENG\RYAN\PROJECTS\AIRPORT ALP-CIP URS\RECNEG.DOC - 3 - Version 7/03 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 7/14/05 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application ❑ Construction ® Non -Construction Preapplication ❑ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ® Non -Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Renton Department: Planning/Buildings/Public Works Organizational DUNS: Division: Transportation Systems Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: Renton City Hall - 5th Floor Prefix: Mr. First Name: Ryan 1055 South Grady Way city: Renton Middle Name: G. County: King Last Name: Plut State: WA Zip Code: 98055 Suffix: Country: USA Email: rplut@ci.renton.wa.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone number (give area code): FAX number (give area code): 9 1_ 6 10 10 1 112 17 1 1 (425) 430-7372 (425) 430-7376 8. TYPE OF APPLICATION: 7. TYPE OF�APPLICANT: (See back of form for Application Types) C ® New ❑ Continuation ❑ Revision Other (specify) If Revision, enter appropriate letter(s) in box(es): ❑ ❑ (See back of form for description of letters) Other fspecity) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 2 0 - 1 0 2 Update the Airport Base Map, the Pavement TITLE: Airport Improvement Program Maintenance Plan and the Airport Layout Plan (ALP) 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): The City of Renton, King County, Washington 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 7/05 8/06 9th P19th 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. ❑ THIS PREAPPLICATION/APPLICATION WAS MADE a. Federal $ 150,000 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. PROGRAM IS NOT COVERED BY E. 0. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR b. Applicant $ uu c. State $ UU d. Local $ 13,111 e. Other $ UU REVIEW f. Program income $ uu17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑Yes if "Yes" attach an explanation V No g. TOTAL $ 163,111 uu 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Re resentabve Prefix First Name KathyMiddle Name Last Name Keolker-Wheeler Suffix _ b. Title Mayor c. Telephone number (give area code) 425 430-6500 d. Signature of Authorized Representative e. Date Signed Previous taltions NOT usaoie Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 INSTRUCTIONS FOR THE SF 424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item Entry: Item Entry: 1. Select Type of Submission. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g. construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency (or State if 12. List only the largest political entities affected (e.g., State, counties, applicable) & applicant's control number (if applicable). cities). 3. State use only (if applicable) 13. Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any District(s) Federal identifier number: If this application is a continuation or affected by the program or project. revision to an existing award, enter the present Federal Identifier number. If for a new project, leave blank. 5. Enter legal name of applicant, name of primary organizational 15. Amount requested or to be contributed during the first unit (including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in -kind assistance activity, enter the organization's DUNS number contributions should be included on appropriate lines as (received from Dun and Bradstreet), enter the complete address applicable. If the action will result in a dollar change to an existing of the applicant (including country), and name, telephone award, indicate only the amount of the change. For decreases, number, e-mail, and fax of the person to contact on matters enclose the amounts in parentheses. If both basic and related to this application. supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number (EIN) as assigned by the 16. Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 7. Enter the appropriate letter 17. This question applies to the applicant organization, not the person in the space provided. I. State Controlled who signs as the authorized representative. Categories of debt A. State Institution of Higher include delinquent audit disallowances, loans and taxes. B. County Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) H. Independent School O. Not for Profit Organization District 8. Select type from the following list: 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this • "New" means a new assistance award. application as official representative must be on file in the • "Continuation" means an extension for an additional applicant's office. (Certain Federal agencies may require that this funding/budget period for a project with a projected authorization be submitted as part of the application.) completion date. • "Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter. A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number andof the program under which assistance is requested. SF-424 (Rev. 7-97) Back U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1 Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority ❑Yes ®No Item 2. Does this assistance request require State, local Name of Agency or Board advisory, educational or health clearances? (Attach Documentation) ❑Yes ®No Item 3 Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ❑Yes ®No Item 4 Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date ❑Yes ®No Check One: State ❑ Item 5. Local Is the proposed project covered by an approved Regional ❑ comprehensive plan? ®Yes ❑No Location of plan Airport Master Plan is on file at City offices Item -6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project ❑Yes ®No Item 7 Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land ❑Yes ®No Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes ®No Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms? Businesses ❑Yes ®No Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? ❑Yes ®No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2 INSTRUCTIONS PART II — SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all "Yes' answers in the space provided in accordance with the following instruc- tions. Item 1 — Provide the name of the governing body establish- ing the priority system and the priority rating assigned to this project. Item 2 — Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3. — Attach the clearinghouse comments for the appli- cation in accordance with the instructions contained in Of- fice of Management and Budget Circular No. A-95. If com- ments were submitted previously with a preapplication, do not submit them again but any additional comments re- ceived from the clearinghouse should be submitted with this application. Item 4 — Furnish the name of the approving agency and the approval date. Item 5 — Show whether the approved comprehensive plan is State, local or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. Item 6 — Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7 — Show the percentage of the project work that will be conducted on federally -owned or leased land. Give the name of the Federal installation and its location. Item 8 — Briefly describe the possible beneficial and/or harmful impact on the environment because of the pro- posed project. If an adverse environmental impact is anti- cipated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9 — State the number of individuals, families, busi- nesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. Item 10 — Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the status and amount of each project where there is related previous, pending, or anticipated assistance. Use additional sheets, if needed. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 8aRO184 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: An Airport Master Plan has been produced and the recommendations coordinated with all city land use planning efforts. The City has also adopted a zoning overlay around the airport to protect against incompatible land uses. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: N/A 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: N/A 4. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a FAA AC 81-06913 U.S DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 I I S. nFPARTMFNT n1: TRANSPnPTATIIIN FFIIFOAI e"A-11 w PART III— BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No.................... 20-102 2. Functional or Other Breakout .............................. SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Re wid re Latest Approved Amount Adjustment + or (-) 1. Administration Expense $ $ $ 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 163,111 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 163,111 20. Federal Share requested of Line 19 150,000 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 150,000 23. Grantee share 13,111 24. Other shares 25. Total project (Lines 22, 23, & 24) 163,111 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 INSTRUCTIONS PART III Section A. General 1. Show the Federal Domestic Assistance Catalog Num- ber from which the assistance is requested. When more than one program or Catalog Number is in- volved and the amount cannot be distributed to the Federal grant program or catalog number on an over- all percentage basis, prepare a separate set of Part III forms for each program or Catalog Number. However, show the total amounts for all programs in Section B of the basic application form. 2. Show the functional or other categorical breakouts, if required by the Federal grantor agency. Prepare a separate set of Part II I forms for each category. Section B. Calculation of Federal Grant When applying for a new grant, use the Total Amount Column only. When requesting revisions of previously awarded amounts, use all columns. Line 1 - Enter amounts needed for administration ex- penses including such items as travel, legal fees, rental of vehicles and any other expense items expected to be in- curred to administer the grant. Include the amount of in- terest expense when authorized by program legislation and also show this amount under Section E Remarks. Line 2 - Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. Line 3 - Enter amounts directly associated with the acqui- sition of land, existing structures, and related right-of-way. Line 4 - Enter basic fees for architectural engineering services. Line 6 - Enter amounts for other architectural engineering services, such as surveys, tests, and borings. Line 6 - Enter fees for inspection and audit of construction and related programs. Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11. Line 8 - Enter the dollar amounts needed to provide relo- cation advisory assistance, and the net amounts for replace- ment (last resort) housing. Do not include relocation ad- ministration expenses on this Line; include them on Line 1. Line 9 - Enter the estimated amount of relocation pay- ments to be made to displaced persons, business concerns and non-profit organizations for moving expenses and re- placement housing. Line 10 - Enter the gross salaries and wages of employees of the grantee who will be directly engaged in performing demolition or removal of structures from developed land. This line should show also the cost of demolition or re- moval of improvements on developed land under a third party contract. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so in- structed by the Federal grantor agency. Otherwise, show the proceeds on Line 15. Line 11 - Enter amounts for the actual construction of, addition to, or restoration of a facility. Also include in this category the amounts of project improvements such as sewers, streets, landscaping and lighting. Line 12 - Enter amounts for equipment both fixed and movable exclusive of equipment used in construction. For example, include amounts for permanently attached lab- oratory tables, built-in audio visual systems, movable desks, chairs, and laboratory equipment. Line 13 - Enter amounts for items not specifically mentioned above. Line 14 - Enter the sum of Lines 1-13. Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Line 16 - Enter the difference between the amount on Line 14 and the estimated income shown on Line 15. Line 17 - Enter the amounts for those items which are a part of the project but not subject to Federal participation (See Section C, Line 26g, Column (1) ). Line 18 - Enter the estimated amount for contingencies. Compute this amount as follows. Subtract from the net project amount shown on Line 16 the inel9igible project exclusions shown on Line 17 and the amount which is excluded from the contingency provisions shown in Section C, Line 26g, Column (2). Multiply the computed amount by the percentage factor allowed by the grantor agency in ac- cordance with the Federal program guidance. For those grants which provide for a fixed dollar allowance in lieu of a percentage allowance, enter the dollar amount of this allowance. Line 19 - Show the total amount of Lines 16, 17, and 18. (This is the amount to which the matching share ratio pre- scribed in program legislation is applied.) Line 20 - Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 - Enter the estimated amounts needed for rehabili- tation expense if rehabilitation grants to individuals are made for which grantees are reimbursed 100 percent by the Federal grantor agency in accordance with program legisla- tion. If the grantee shares in part of this expense show the total amount on Line 13 instead of on Line 21 and explain in Section E. Line 22 - Show the total amount of the Federal grant re- quested. Line 23 - Show the amount from Section D, Line 27h. Line 24 - Show the amount from Section D, Line 28c. Line 25 - Self-explanatory. GPO 865-080 . U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation 1 Excluded from Contingency Provision 2) a. $ $ b.. C. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 13,111 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g .Other (Explain) 13,111 h .TOTAL — Grantee share 13,111 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 13,111 SECTION E - REMARKS 27g. Funds will come from the Airport End 402 Fund Balance PART IV PROGRAM NARRATIVE Attach - See Instructions rrw roan a iv r iw �o- of a�r�r xuea riw rvrcna owu iu rH�ts i NKU t FAA AC 75-023 PAGE 5 PART III Section C. Exclusions Line 26 a-g - Identify and list those costs in Column (1) which are part of the project cost but are not subject to Federal participation because of program legislation or Fed- eral grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B, Show in Column (2) those project costs that are subject to Federal participation but are not eligible for inclusion in the amount used to compute contingency amounts as provided in the Federal grantor agency instructions. Section D. Proposed Method of Financing Non - Federal Share Line 27 a-g - Show the source of the grantee's share. If cash is not immediately available specify the actions com- pleted to date and those actions remaining to make cash available under Section E Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a noncash contribution, explain what this contribution will consist of. Line 27h - Show the total of Lines 27 a-g. This amount must equal the amount shown in Section B, Line 23. Line 28a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency. If there is a noncash contribution, explain what the contribution will consist of under Section E Re- marks. Line 28b - Show the amount that will be contributed from other sources. If there is a noncash contribution, explain what the contribution will consist of under Section E Re- marks. Line 28c - Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section B, Line 24. Line 29 - Enter the totals of Line 27h and 28c. Section E. Other Remarks Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary. INSTRUCTIONS PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE Pinpoint any relevant physical, economic, social, financial, institutional, or other problems requiring a solution. Demonstrate the need for assistance and state the principal and subordinate objectives of the project Supporting documentation or other testimonies from concerned interests other than the applicant may be used. Any relevant data based on planning studies should be included or footnoted. 2. RESULTS OR BENEFITS EXPECTED. Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public. 3. APPROACH a. Outline a plan of action pertaining to the scope and detail of how the proposed work will be accomplished for each grant program. Cite factors which might accelerate or decelerate the work and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as design or technological innovations, reductions in cost or time, or extraordinary social and community involvements. b. Provide each grant program monthly or quarterly quantitative projections of the accomplishments to be achieved, if possible. When accomplishments cannot be quantified, list the activities in chronological order to show the schedule of accomplishments and their target dates. c. Identify the kinds of data to be collected and main- tained, and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. d. List each organization, cooperator, consultant, or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. 4. GEOGRAPHIC LOCATION. Give a precise location of the project and area to be served by the proposed project. Maps or other graphic aids may be attached. 5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: a. Describe the relationship between this project and other work planned, anticipated, or underway under the Federal Assistance listed under Part 11, Section A, Item 10. b. Explain the reason for all requests for supplemental assistance and justify the need for additional funding. c. Discuss accomplishments to date and list in chronological order a schedule of accomplishments, progress or milestones anticipated with the new funding re -quest. If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope or objectives have changed or an extension of time is necessary, explain the circumstances and justify. If the total budget has been exceeded or if individual budget items have changed more than the prescribed limits contained in Attachment K, Office of Management and Budget Circular No. A-102, explain and justify the change and its effect on the project. PART IV PROGRAM NARRATIVE PROJECT: Airport Base Map and ALP Update AIRPORT: Renton Municipal RNT 1. Objective: Update the Airport's base map to reflect recently completed projects Update the Airport Layout Plan and prepare an ALP narrative report Update the Airport Pavement Mainagement Plan Update the Capital Improvement Plan 2. Benefits Anticipated: Identification of areas suitable for aviation related development Update the Pavement Maintenance Program to include apron areas Updated ALP Updated CIP 3. Approach: (See approved Scope of Work in final Application) A scope of work has been prepared according to FAA guidelines and has been approved. 4. Geographic Location: Renton, Washington 5. Justification for Force Account Work: (if applicable) N/A 6: Sponsor's Representative: (incl. address & tel. no.) Mr. Ryan Plut, Project Manager City of Renton Renton City Hall — 5th Floor 1055 South Grady Way Renton, Washington 98055 (425) 430-7372 CIP/PREAPPLICATION DATA SHEET AIRPORT• EXAMPLE LOCAL PRIORITY: UPDATED: December, 1994 WORK ITEM: East Apron Reconstruction SKETCH: East Aprx scale in Feet JUSTIFICATION: The East Ramp supports all general aviation (GA), business and Part 135 operators. The existing asphalt is deteriorating. It is severely cracked and weathered and the PCI index of 40. The entire apron needs major reconstruction. SPONSOR SIGNATURE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: $ 500 1 Construction $ 824,500 4: $ $ 100,000 2: $ 5: $ $ 750,000 3: $ TOTAL: $1,000.000 ADO USE: PREAPP GRANT NO: NO: ADO- Form Ala Page 4 NPIAS WORK FAA CODE: CODE: PRIOR: FED S 6195 SRD CIP/PREAPPLICATION DATA SHEET 0 AIRPORT: Not Applicable (NA) LOCAL PRIORITY: NA UPDATED: NA WORK ITEM: NA SKETCH: SPONSOR SIGNATURE: COST ESTIMATE:NA ADMINISTRATION: ENGINEERING: INSPECTION: DATE: Item (Excavation, Paving, etc.) NA $ NA 1: NA $ NA 4: NA $ NA $ NA 2: NA $ NA 5: NA $ NA $ NA 3: NA $ NA TOTAL: $ NA ADO USE: PREAPP GRANT NO:NA NO: NA ADO- Form Al a Page 5 NPIAS WORK FAA CODE:NA CODE:NA PRIOR:NA FED $NA ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea., C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act-5 U.S.C. 1501, et sea.: Airport Assurances (3/2005) e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.' Z f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sec .. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. ' 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et sea. 1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.' V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea. X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' Airport Assurances (3/2005) 2 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.12 in. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.I o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.i Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 3 to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that Airport Assurances (3/2005) 4 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) 5 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved Airport Assurances (3/2005) 6 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) 8 C. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, Airport Assurances (3/2005) 9 aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use Airport Assurances (3/2005) 10 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 11 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances (3/2005) 12 C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances (3/2005) 13 non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - I. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Assurances (3/2005) 14 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS NUMBER 70/7460-1J 150/5000-13 150/5210-5B 150/5210-713 150/5210-13A 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150/5220-4B 150/5220-10B 150/5220-13B 150/5220-16B 150/5220-17A 150/5220-18 150/5220-19 150/5220-20CHG 1 150/5220-21A 15015300-13 CHG i 2, 3, 4, 5 150/5300-14 150/5320-5B 150/5320-6D 150/5320-12C Updated on: 7/1/99 The following apply to both AIP and PFC Proiects TITLE Obstruction Marking and Lighting Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Airport Design 150/5320-14 150/5320-16 150/53254A CHG 1 150/5340-1G 150/53404C CHG1&2 150/5340-513 CHG 1 150/5340-14B CHG1&2 150/5340-17B 150/5340-18C CHG 1 150/5340-19 150/5340-21 150/5340-23B 150/5340-24 CHG 1 150/5340-27A 150/5345-3D 150/5345-5A Design of Aircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Airport Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design Standards for Airport Markings Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Marker System Economy Approach Lighting Aids Standby Power for Non -FAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System Airport Miscellaneous Lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge Lighting System Air -to -Ground Radio Control of Airport Lighting Systems Specification for L821 Panels for Remote Control of Airport Lighting Circuit Selector Switch 150/5345-7D Specification for L824 Underground Electrical Cable for Airport Lighting Circuits CHG 1 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26B Specification for L823 Plug and Receptacle, Cable Connectors CHG 1 & 2 150/5345-27C Specification for Wind Cone Assemblies 150/5345-28D CHG 1 Precision Approach Path Indicator (PAPI) Systems 150/5345-39B CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers 150/5345-42C CHG 1 Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/534543E Specification for Obstruction Lighting Equipment 150/5345-44F CHG 1 Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure 150/534546A Specification for Runway and Taxiway Light Fixtures 150/534547A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L854, Radio Control Equipment 150/5345-50 CHG 1 Specification for Portable Runway Lights 150/5345-51 Specification for Discharge -Type Flasher Equipment CHG 1 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53A Airport Lighting Equipment Certification Program (incl. addendum) 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12A Airport Signing & Graphics 150/5360-13 CHG 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction 150/5370-10A Standards for Specifying Construction of Airports CHG 1, 2, 3, 4, 5, 6, 7, 8,9 150/5390-2A Heliport Design 150/5390-3 Vertiport Design The following apply to AIP Proiects only NUMBER TITLE 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200-30A Airport Winter Safety and Operations CHG 1 & 2 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370-11 CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-6B Construction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only NUMBER TITLE 150/5000-12 Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES The City of Renton (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED City of Renton (Sponsor) (Signature of Authorized Official) Mayor Kathy Keolker-Wheeler CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS M AIRPORT: Renton Municipal Airport LOCATION: Renton, Washington AIP PROJECT NO.: 3-53-0055-15 STATEMENTS APPLICABLE TO THIS PROJECT: ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near Renton Municipal Airport. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ® C. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing Renton Municipal Airport, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: DATE: TITLE: Airport Manager SPONSORING AGENCY: The City of Renton NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; None C. Sponsor's plan to accommodate or otherwise satisfy the opposition; N/A d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. N/A e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; N/A f. Sponsor's plans, if any, to minimize any adverse effects of the project; N/A g. Benefits to be gained by the proposed development; and N/A h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. N/A CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Sponsor's Authorized Representative Title Airport Manager Date CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or • ' (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. Signature of certifying official Airport Manager Title Date TITLE VI PRE -AWARD SPONSOR CHECKLIST Airport/Sponsor: The City of Renton AIP #: 3-53-0055-15 Project Description(s): Airport Base Map and ALP Update 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the -basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at hftp://www.nw.faa.gov/civiIrights/home.htm CITY OF RENTON COUNCIL AGENDA BILL AI #: ' Submitting Data: For Agenda of: Dept/Div/Board.. Economic Development, July 18, 2005 Neighborhoods, and Strategic Planning Dept. Agenda Status Staff Contact...... Don Erickson Consent .............. Public Hearing.. Subject: Querin II Annexation - 10% Notice of Intent Petition Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Annexation Petition Certification Information......... 10% Petition Recommended Action: Council concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The City is in receipt of a 10% Notice of Intent Petition for the proposed 7.3-acre Querin II Annexation. The site abuts the City on its southern and western boundaries. The site is designated Residential Single Family on the Comprehensive Plan Land Use Map and would be given R-8 zoning if Council decides to authorize circulation of a direct petition to annex and the applicants are successful in obtaining sufficient signatures to continue. State law requires that the Council set a date, not later than 60-days after filing, to meet with the applicants to determine whether the City wishes to accept, reject, or geographically modify the proposed annexation as well as whether it wishes to require the simultaneous adoption of zoning and require the assumption of all or a portion of the City's existing indebtedness. City staff have reviewed the 10% Notice of Intent Petition and generally support this revised request. X X X STAFF RECOMMENDATION: Council set August 1, 2005 for a Public Meeting with the applicants, pursuant to RCW 35.14.120, to consider their 10% Notice of Intention to Commence Annexation petition. C:\Documents and SettingArnneumann\Local Settings\Temp\10% Agenda Bill for 08-01-05.doc Y o ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT M E M O R A N D U M DATE: July 7, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Aathy Keolker-Wheeler, Mayor p,q� FROM: '4 Alex Pietsch, Administrator �� J STAFF CONTACT: Don Erickson (x6581) SUBJECT: Proposed Querin Annexation 10% Notice of Intent Petition TSSITF.- The City is in receipt of a 10% Notice of Intent to Commence Annexation Proceedings petition for approximately 7.3-acres (Figure 1, Vicinity Map). State law requires that Council holds a public meeting with annexation proponents, within 60 days of receipt of the petition, to decide whether to accept, reject, or geographically modify their proposal, whether to require the assumption of existing City indebtedness, and whether to require the simultaneous adoption of zoning. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accepts the 10% Notice of Intent petition for the Querin Annexation. If Council concurs with this recommendation, the Administration recommends that Council takes the following actions (pursuant to RCW 35A.14.120): • Authorize the circulation of the Direct Petition to Annex for the proposed area; • Require adoption of City zoning consistent with the Comprehensive Plan Residential Single Family (RS) land use designation if the annexation is successful; and • Require that property owners within the annexation site assume a proportional share of the City's outstanding indebtedness if the annexation is successful. BACKGROUND SUMMARY: h:\ednsp\paa\annexations\querin\10%issue paper for 08-01-05.doc Terri Briere Page 2 of 5 July 7, 2005 Location: The subject annexation site is located between the eastern edge of the Hoquiam Avenue NE right-of-way on the west and the existinCity boundary to the south. The northern boundary is the southern edge of SE 112' Street, if extended, and the southern boundary is approximately the northern edge of SE 114'h Place, if extended. 1. Assessed value: The assessed value at the current level of development is $987,000. 2. Natural features: The site generally slopes downward from its southwest corner towards Honey Creek in its northeast corner (Figure 2, Topography). The City's Sensitive Areas maps indicate that a class —2 wetland exists approximately 300 feet north of the annexation site. 3. Existing land uses: Existing development includes three medium to large -lot detached single family dwellings on the south side and three vacant parcels on the north side (Figure 3, Existing Structures). 4. Existing zoning King County zoning is R-4, which allows a base density of four units per gross acre, and up to six units per acre with bonus incentives and/or transfer of density credits. 5. Comprehensive Plan: Renton's Comprehensive Plan designates the subject parcel Residential Single Family (RS) west of 144'h Avenue SE, if extended. Staff notes that R-8 zoning is consistent with the RS designation. 6. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility. The subject area is within the water service area of Water District #90 by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from the District will be required prior to the issuance of development permits within the subject area, following annexation to the City. Hydrant flow test and hydraulic analysis of the District's system will also be required for new development in the annexed area. The District must provide adequate water supply and pressure for new development within the City and must meet Renton's standards for fire protection and domestic water service. Water District 90 currently provides water service within the city limits. However, the District does not have a utility franchise to construct, maintain, and operate its utility system within Renton's rights -of -way. The City is currently working on an agreement with the District. Sewers. The subject area is within Renton's existing sewer service area but not currently served by sewer. Sewers would be extended by a combination of developer extension, local improvement districts, and City capital improvement projects. H:\EDNSP\PAA\Annexations\Querin\10%Issue Paper for 08-01-05.doc Terri Briere Page 3 of 5 July 7, 2005 Surface Water Utility. Staff notes that the annexation site is located in the Honey Creek Sub -basin of the May Creek Basin where drainage problems exist downstream. These problems include flooding and erosion along the banks of Honey Creek, which drains into May Creek, and ultimately into Lake Washington. Staff notes that Honey Creek, with its associated wetlands and forested buffers, needs to be protected in accordance with the sensitive area regulations regarding wetlands and stream buffer standards. A major wetland is located approximately 300 feet downstream to the north. As a result, the Utility is recommending that the 1998 King County Surface Water Design Manual level 2-flow control and basic water quality treatment standards be used for any subsequent development on the annexation site. Staff is also recommending that a wetland report be required for any development application within the proposed annexation site. Parks. The City has a shortfall of both neighborhood and community parkland in this area. King County owns about 45 acres of parkland, primarily undeveloped, to the east of the proposed annexation. In the past, the County has expressed an interest in conveying these properties to the City, when they are annexed. Development of the parkland would occur at the City's expense. Park's staff recommends re -initiating negotiations for the transfer of these park properties to the City to offset the growing local shortfall. Increased staffing levels, supplies, and materials to maintain and operate these facilities would also be required. The projected cost of developing and maintaining parkland to a level consistent with the City's Comprehensive Park, Recreation, and Open Space Plan are included in the attached preliminary fiscal impact analysis. Fire. The area west of 144th Avenue SE, if extended, is currently served by Fire District #25, under contract with the City. Public Works Maintenance. Maintenance staff noted that the only organized drainage is roadside ditches. The Division also noted that until the site is developed existing grass lined ditches along 144th Avenue NE would have to be maintained and operated by the Surface Water Utility. ANALYSIS OF THE PROPOSED ANNEXATION: (Pursuant to City Council Resolution 2429) 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed annexation. The subject site is within the City's Potential Annexation Area and has been subject to development pressure under the King County Comprehensive Plan, zoning, and subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Single Family land use designation. Renton is the logical provider of most urban infrastructure and services to the area (Policy LU-38). Policy LU-43.1 states that, in general, the greater the contiguity with the City limits, the more favorable the annexation. The area H:\EDNSP\PAA\Annexations\Querin\10%Issue Paper for 08-01-05.doc Terri Briere Page 4 of 5 July 7, 2005 proposed for annexation abuts the City limits along its western boundary for about _ 2,000 feet, or about 60%, of its perimeter. Also, the proposed annexation does not divide an existing established neighborhood (Policy LU43.4). The area included in this annexation primarily consists of large, under -developed lots. 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The proposed boundaries for this annexation include existing City of Renton boundaries to the south and west. The previously proposed Hendrickson Annexation (unsuccessful) was located immediately to the north. C. Creation and preservation of logical service areas; Not applicable. d. Prevention of abnormally irregular boundaries; In light of the proposed annexation to the north, the proposed boundaries are reasonable. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. f. Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries; Neither the existing nor the proposed City boundaries are impractical. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character, and, King County has designated this area for urban development. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Annexation area are rural or designated for long-term productive agricultural use in the King County Comprehensive Plan. H:\EDNSP\PAA\Annexations\Querin\10%Issue Paper for 08-01-05.doc Terri Briere Page 5 of 5 July 7, 2005 CONCLUSION: The proposal is essentially consistent with City policies and Boundary Review Board objectives for annexation. No impediments to the provision of City services to the area have been identified. H:\EDNSP\PAAWnnexations\Querin\10%Issue Paper for 08-01-05.doc QUERIN ANNEXATION FISCAL ANALYSIS SHEET Units Population AV Existing dev. 3 8 $987,000 Full dev. 48 120 $18,186,000 Assumptions: 2.5 persons / household $400,000 AV/R-8 units; $220,000 AV /existing unit ................... .................... Existing Full Rate Regular le $3,099 $57,104 3.14 Excesslevy $79 $1,455 0.08 State shared revenues Rate (per cap) Existing Full Liquor tax $3.52 $28.16 $422.40 Liquor Board profits $5.04 $40.32 $604.80 Fuel tax - roads $14.46 $115.68 $1,735.20 Fuel tax - arterials $6.47 $51.76 $776.40 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $2.88 $43.20 Total $238.80 $3,582.00 Miscellaneous revenues Rate Existing Full Real estate excise' $40.86 $326.88 $4,903.20 Utility tax** $133.20 $399.60 $6,393.60 Fines & forfeits* $18.33 $146.64 $2,199.60 Total $873.12 $13,496.40 * Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.23 $1.82 $27.24 Public Defender $3.13 $25.07 $376.08 Jail $7.19 $57.54 $863.04 Subtotal $84.42 $1,266.36 Court/legal/admin. $57.08 $456.64 $6,849.60 Parks maintenance* $14.90 $119.20 $1,788.00 Police $270.00 $2,160.00 $32,400.00 Road maintenance** N/A $0.00 $1,323 Fire*** J$1.25 $1,233.75 $22,732.50 Total 1 $4,054.01 $66,359.46 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) :brie=tlrriecostst Parks acquisition & development (from Sheet Parks FIA): Other one-time costs: Total revenues Existing ;$49ti<t6 Full $7537`32 .......... ......... Total ongoing costs Existing ....... $4;(� <01 Full $fS3S94f Net fiscal impact Existing s$2345 Full 527<86 $27,175.80 Total one-time costs:.................... .................... $271X56c1 Revised 8-29-03 per Finance Memo C C- - St !: IF-0011114-1 1 2.d i SE 104th St, -fit_ -, r-- ITPT-I 3th St to o- - - S_ _�T- - E Uth S N This document is rophic resentotion, not quaronteed L to su vey accuracy, Intended fer city purposes only ond based on the best of—tion owioble ca of the dote sh— This map is for display purposes only. Querin II Annexation 0 800 1600 .-figure 1: Vicinity Map 1 : 9600 Economic Development, Neighborhoods & Strategic Planning — — Renton City Limits Alex Pietsch, Administrator G. Del Rosario Proposed Annexation Area �jaN rp 4 May 2005 \\ 14 45(I �� 144 53 .20�.� x I 3^' 11 x '!' x 113 27 37.35 ,34E i l� X X}o.61e ��\ �1t�� \ 1J24a -�- �(\ 1 \i r 11314 {3 J3 13E.1S x `1 122 3 \ 1 � \ \. x 1 3392 139.55 1 35.49 x I o,2J ` Q 1341.1 �; \ X13 141.!. \ x \ \ tl \ \ \% 144 4J X O \ j 135.,E X ` \ \ \ ,\ 1229J �� X,x � 14 V .1 A Al 140. a 40.59 %1a0 Z3 I ��,Ij11 \\ \\ \\ \ \\ `1t'1\ X 1 1 ��,1 \__ ✓ 135.6X \j _ X< 1 112 32 36 142.69 [42 (J%161.p.x 211 X 140.1E X %14TSt I 140.59 ICJ 140.83 140.85 \ \ 1 % X \ %,42. 140,42 X X\ J 1{I.92 C X 1425E 0 142.63 143.2E 142 52 9 x x %Lz. e %1 z31 \ \ x x \ t =3.81 %113.5 %1 3.15 I 142.8E `\\ %143,46 %I .71 % 1 \ \\\\\\\ 143 54 143.41 143.15 1 x X 143,70 V 143 7 \\\ \ X X I4 .27 14260 141.52 8 143.52 143. 1 X 1 x %144.61 X % \ % 14 Bfi 143.6 i I \ \ V X 145 8 144.46 2.24 14496 X X % I \ \ 144.12 143.37 59 x V 14476 144.61 43.66 1,0.29 ,5.3E 144.18 143.80 % This doament ie a mophio r refentotion, not guoronleed % to f11I- OCWIOCy, tended C1ty urpoxf ly and X bored on the boat reformation owiable as of the date lhorm. 145 32 1 Thie mop is for dlaplay purpwea only. Querin II Annexation Figure 2: Topography Map Gti�Y 0� Economic Development, Neighborhoods & Strategic Planning ♦ Alex Pietsch, Administrator G. Del Rosario 4 May 2005 0 200 400 Igmmmai 1 : 2400 - 1 m Interval Countour - - Renton City Limits (� Proposed Annexation Area Eno 4 � i ■ I= IN ■ 0 O o 0 � � a 0 F fl 0 FE�:Ij � L J- 0 This dowment Ia a graphic represenlotion, not guaranteed to aurven accuracy, tended fir city purposes only and based o the beat information o -1y. as of the dale shown. nThfa mop Is for dlaploy purposes only. �(uerin II Annexation 0 200 400 igure 3: Existing Structure Map 1 : 2400 Economic Development, Neighborhoods & Strategic Planning 'J Existing Structure Alex Pietsch, Administrator G. Del Rosario — — Renton City LIm11S 4 May 2005 O Proposed Annexation Area \ O� I � 1 i i i I SE 2t I )ZEE H GH 0 O ---TT This dowment is a graphic reppreasntatfon, not guaranteed to survey ocauracy, intended tr cttypwp oses only and Dosed on the beet Fforrnation awiolrls oa of the dote shown. This map is for display purposes only. Querin II Annexation Figure 4: Sensitive Areas Map Economic Development, Neighborhoods & Strategic Planning Alex Pietsch, Administrator G. Del Rosario �t�NTO$ 4 May 2005 0 200 400 High Erosion 1 : 2400 Hazard Boundary Wetland Boundary — — Renton City Limits 4W > 40% Slope O Proposed Annexation Area King County Department of Assessments King County Administration Bldg. 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessor.info aU� netrokc.gov www.metrokc.gov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted May 23, 2005 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Querin II Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 25th day of May, 2005 Scott Noble, ty Assessor A-05-003 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) q u ER-.rN-9: (10% PETITION ANNEXATION) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98055 SUBMITTED BY: DD. ✓_o PHONE: -V-I�JTDA3 - 4-r1- ;-'!T'Y OF RENTON 7:14-A"r'1 RECEIVED :Cry C I_ERK'S OFFICE The undersigned are the owners of properties representing not less than ten percent (10%) of the assessed value of all property within the proposed annexation area which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and, 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Peck Annexation Petition Page 1 of 2 Querin Annexation WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names ofpetitioners should be in identical form as the name that appears on record in the title to the real estate.) Q11L, "I kencv-4 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEx\10% Notice of Intent (reds).doc\DE 05/11/05 Exhibit 1 Exhibit QUERIN ANNEXATION LEGAL DESCRIPTION That portion of the Northeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington, lying northerly of the south line of the north 165 feet of the south half (1/2) thereof; LESS the west 30 feet thereof. TRANSPORTATION/AVIATION COMMITTEE Cy COUNCIL COMMITTEE REPORT Date July 18, 2005 Street Closure Ordinance (Referred March 14, 2005) The current Renton Municipal Code requires Council action for all road closures. It is proposed to change the Code to allow road closures of one (1) day or less to be governed by administrative action. The Transportation/Aviation Committee recommends concurrence in the staff recommendation that the City Council authorize the revision of the Renton Municipal Code to allow road closures of one (1) day or less to be governed by administrative action. wd C�� -� Marcie Palmer, Chair Don Persson, Vice Chair ram,. 4 Randy Co an, Member cc: Karl Hamilton, Transportation Operations Manager Bob Cavanaugh, Transportation Operations Project Manager Connie Brundage, Transportation Secretary H:Trans/admin/Committ/2005/Sound Transit Phase II TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT July 18, 2005 Data 7-/,r- aoos Supplemental Street Lighting Standard for Arterial Street Lighting (Referred June 27, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to adopt supplemental street lighting standards for arterial streetlights in order to provide a choice of using decorative fixtures as an alternative to the industrial cobra heads. Marcie Palmer, Chair �(jf ��� CN` Don Persson, Vice Chair andy Corman, Member cc: Karl Hamilton Bob Cavanaugh Connie Brundage H:Trans/admin/Committ/2005/Supplemental Street Lighting Standard TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT July 18, 2005 Date 748- ,�daS Maple Valley Highway (SR 169) FY 2006 Program Project Funding Status Report with the Transportation Improvement Board (TIB) 11 The Transportation/Aviation Committee recommends concurrence in the staff recommendation to sign the FY 2006 Program Project Funding Status Report for submittal to the Transportation Improvement Board (TIB) certifying committed City of Renton funds for the project. Wa&�, Marcie Palmer, Chair Don Persson, Vice -Chair R dy Corman, Member cc: Sandra Meyer, Transportation Systems Director Nick Afzali, Transportation Planning and Programming Manager Sharon Griffin, Transportation Project Development Coordinator Project File TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT July 18, 2005 Date 7-/8- aoos Operating Permit and Agreement with WorldWind Helicopters (Referred June 20, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve the Operating Permit and Agreement with WorldWind Helicopters for the purpose of providing aircraft charter/taxi services and aircraft maintenance and repair facility as part of their sublease with AirO, Inc. Marcie Palmer, Chair Don Persson, Vice Chair r andy Corman, Member cc: Connie Brundage Susan Campbell-Hehr Kathie Nye H:Trans/Admin/Committee Reports/2005/WorldWind Helicopters TRANSPORTATION/AVIATION COMMITTEE t)ate Pao s' COMMITTEE REPORT July 18, 2005 Operating Permit and Agreement with Aero-Copters, Inc. (Referred June 20, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve the Operating Permit and Agreement with Aero-Copters, Inc. and their sublease with AirO, .Inc. for the purpose of providing aircraft maintenance and repair services to AirO, Inc. to continue until November 1, 2013. �)TaACQ, Marcie Palmer, Chair C aY`t f-a-e- Don Persson, Vice Chair Randy Corman, Member cc: Connie Brundage Susan Campbell -Rehr Kathie Nye H:Trans/Admin/Committee Reports/2005/Aero-Copters, Inc. TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT July 18, 2005 Monthly Rent Increase for City T-Hangar Units (Referred June 27, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve: 1Da1 % /r-,wos- A rent increase for all City -owned T-Hangar units from $200.00 per month, to $285.00 per month, plus 12.84% Leasehold Excise Tax. 2. Application of the Seattle/Tacoma Consumer Price Index every three years to the rental rate of all City -owned T-Hangars. YaUft� Marcie Palmer, Chair 7, Don Persson, Vice -Chair andy Corman, Member cc: Connie Brundage Susan Campbell -Rehr Kathie Nye FINANCE COMMITTEE I)ate 7-If-Roos- COMMITTEE REPORT July 18, 2005 P-3 Parking Lot Resurfacing Project Bid Award (Referred July 11, 2005)) Epic Construction, LLC was the sole bidder, there were no irregularities and their bid was under the budgeted amount. The Finance Committee recommends concurrence in the staff recommendation to award the bid submitted by Epic Construction, LLC in the amount of $118,374.40 for the City Hall P-3 Parking Lot Resurfacing Project. 6�- Don Persson, Chair Tom Nelson, Vice Chair 4Lt,,/ �✓� Denis W. Law, Member cc: Dennis Culp, Community Services Administrator Peter Renner, Facilities Director Grey 54POA UTILITIES COMMITTEE'�'7' COMMITTEE REPORT Date July 18, 2005 WRIA 8 Chinook Salmon Conservation Plan Ratification (Referred July 11, 2005) The Utilities Committee recommends concurrence in the staff recommendation to approve the WRIA 8 Chinook Salmon Conservation Plan, as presented. The Committee further recommends that the resolution regarding this matter be presented for reading and adoption. andy Corman, Chair Dan Clawson, Vice Chair Don Persson, Member cc: Lys Hornsby, Utility Systems Director Ron Straka, Surface Water Utility Supervisor UTILITIES COMMITTEE COMMITTEE REPORT July 18, 2005 WSDOT I-405 Project Concurrence Letter — Johns Creek Outfall (Referred June 20, 2005) The Washington State Department of Transportation (WSDOT) requests the City's approval of a Concurrence Letter for the Johns Creek Outfall to discharge storm water runoff from I-405 and the upstream tributary area to Johns Creek, in the Gene Coulon Memorial Park, as part of the future widening of I-405. The Utilities Committee recommends concurrence in the staff recommendation to authorize the Mayor to sign the Concurrence Letter with the Washington State Department of Transportation for the proposed Johns Creek Outfall storm water system. ,� -1 UL- — andy Corman, Chair L'n,L6-"� Dan Clawson, Vice Chair Don Persson, Member cc: Lys Hornsby, Utility Systems Director Ron Straka, Surface Water Utility Supervisor COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT C `NCIL July 18, 2005 2005 Neighborhood Grant Projects (Referred July 11, 2005) Date The Community Services Committee recommends concurrence in the staff recommendation to approve the following grant awards: 1. Ginger Creek Community Association, Continue development of a Pocket Park on Seattle Public Utilities owned right of way in Renton. Area is approximately a quarter of an acre and is bordered by Puget Drive, Beacon Way SE and I Street. $1,538 2. Geneva Court Homeowners' Association, Install fence slats and secure eroding area around retention pond by adding fill dirt, eliminate entrance into neighborhood through wooded area with fencing. $1,544 3. North Renton Neighborhood Association, Improve exterior of Sartori Educational Center with landscaping and create a rock garden in open space with the addition of two picnic tables. $12,586 4. Sir Cedric Homeowners' Association, Remove litter, weeds, and rocks from the perimeter of the property to improve City right of way property, located on Monroe Avenue NE, Lynnwood Ave NE and NE 121". $737 5. Valley Vue Homeowners' Association, Plant trees on unimproved right of way in front of homeowner's property. $2,600 The Committee further recommends approval of funding for the following administrative newsletter applications: 1. Kennydale Neighborhood Association - $2,000 for annual printing expenses for a printed and mailed quarterly newsletter; 2. Renton Hill Neighborhood Association - $410 for annual printing expenses for printed and mailed quarterly newsletter; 3. Windwood Homeowners' Association - $109 for annual printing and postal expenses for a quarterly newsletter; and 4. Winsper Homeowners' Association - $92 for annual printing and postal expenses for a quarterly newsletter. The total cost of materials for the Community Planting Project was $18,257. Clear Channel Corporation generously donated $8,000, leaving a final cost to the Neighborhood Program grant funds of $10,257, with a sweat equity match from residents, the community, and City Staff volunteers of $13,000. The first round of grants, therefore, totals $31,873, leaving a remaining budget of $18,127 available for a second round of funding. Toni Nelson, Chair Marcie Palmer, Vice Chair Dan Clawson, Member C: Norma McQuiller, Ben Wolters, Alex Pietsch 7 -/ F-aaos� COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT July 18, 2005 Parking for class participants at Gene Coulon Memorial Beach Park (Referred June 27, 2005) The Community Services Committee recommends concurrence in the staff recommendation that no action be taken regarding reserved parking at Gene,Coulon Memorial Beach Park for class participants. While we realize parking can be a problem at various sites during certain times, warm weather, special events, etc.; we cannot give preferential parking to one group of participants and preclude others. Additionally, there is not sufficient staff or resources to monitor and enforce these proposed parking restrictions. Toni Nelson, Chair J& Marcie Palmer, Vice Chair Dan Clawson, Member C: Dennis Culp Sylvia Allen Leslie Betlach y i F-coos CITY OF RENTON, WASHINGTON RESOLUTION NO.3741 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON RATIFYING THE WATER RESOURCE INVENTORY AREA (WRIA) 8 CHINOOK SALMON CONSERVATION PLAN WHEREAS, in March 1999, the National Oceanic and Atmospheric Administration (NOAA) Fisheries listed the Puget Sound Chinook salmon evolutionary significant unit as a threatened species under the Endangered Species Act (ESA); and WHEREAS, in November 1999, the United States Fish and Wildlife Service (USFWS) listed the Puget Sound bull trout distinct population segment as a threatened species under the ESA; and WHEREAS, under the ESA, it is illegal to take a listed species, and the ESA defines the term "take" to include actions that could harm listed species or their habitat; and WHEREAS, actions that are directly or indirectly authorized by local governments could potentially expose local governments to civil or criminal penalties under the ESA; and WHEREAS, under the ESA, Section 4(f), NOAA Fisheries (for Chinook salmon) and USFWS (for bull trout) are required to develop and implement recovery plans to address the recovery of the species; and WHEREAS, an essential ingredient for the development and implementation of an effective recovery program is coordination and cooperation among federal, state, and local agencies, tribes, businesses, researchers, non -governmental organizations, landowners, citizens, and other stakeholders as required; and RESOLUTION NO. WHEREAS, Shared Strategy for Puget Sound, a regional non-profit organization, has assumed a lead role in the Puget Sound response to developing a recovery plan for submittal to NOAA Fisheries and the USFWS; and WHEREAS, Shared Strategy intends that its recovery plan will include commitments from participating jurisdictions and stakeholders; and WHEREAS, local jurisdictions have authority over some habitat -based aspects of Chinook survival through land use and other policies and programs; and the state and tribes, who are the legal co -managers of the fishery resource, are responsible for addressing harvest and hatchery management in WRIA 8; and WHEREAS, in WRIA 8, habitat actions to significantly increase Chinook productivity trends are necessary, in conjunction with other recovery efforts, to avoid extinction in the near term and restore WRIA 8 Chinook to viability in the long term; and WHEREAS, the City of Renton values ecosystem health; water quality improvement; flood hazard reduction; open space protection; and maintaining a legacy for future generations, including commercial, tribal, and sport fishing, quality of life, and cultural heritage; and WHEREAS, the City of Renton supports cooperation at the WRIA level to set common priorities for actions among partners, efficient use of resources and investments, and distribution of responsibility for actions and expenditures; WHEREAS, 27 local governments in WRIA 8 jointly funded development of The WRIA 8 Steering Committee Proposed Lake Washington/Cedar/Sammamish Watershed Chinook Salmon Conservation Plan (the Plan), published February 25, 2005 following public input and review; and 2 RESOLUTION NO. WHEREAS, while the Plan recognizes that salmon recovery is a long-term effort, it focuses on the next 10 years and includes a scientific framework, a start -list of priority actions and comprehensive action lists, an adaptive management approach, and a funding strategy; and WHEREAS, the City of Renton has consistently implemented habitat restoration and protection projects, and addressed salmon habitat through its land use and public outreach policies and programs over the past five years; and WHEREAS, it is important to provide jurisdictions, the private sector and the public with certainty and predictability regarding the course of salmon recovery actions that the region will be taking in the Lake Washington/Cedar/Sammamish Watershed, including the Puget Sound nearshore; and WHEREAS, if insufficient action is taken at the local and regional level, it is possible that the federal government could list Puget Sound Chinook salmon as an endangered species, thereby decreasing local flexibility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The City of Renton hereby ratifies The WRIA 8 Steering Committee Proposed Lake Washington/Cedar/Sammamish Watershed Chinook Salmon Conservation Plan, dated February 25, 2005 (the Plan). Ratification is intended to convey the City of Renton's approval and support for the following: The following goals for the Plan: a) The Plan mission statement to conserve and recover Chinook salmon and other anadromous fish, focusing on preserving, protecting and restoring habitat with the intent to 3 RESOLUTION NO. recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. b) The multiple benefits to people and fish of Plan implementation including water quality improvement; flood hazard reduction; open space protection; and maintaining a legacy for future generations, including commercial, tribal and sport fishing, quality of life, and cultural heritage. 2. Continuing to work collaboratively with other jurisdictions and stakeholders in the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) to implement the Plan. 3. Using the scientific foundation and the conservation strategy as the basis for local actions recommended in the plan and as one source of best available science for future projects, ordinances, and other appropriate local government activities. 4. Adopting an adaptive management approach to Plan implementation and funding to address uncertainties and ensure cost-effectiveness by tracking actions, assessing action effectiveness, learning from results of actions, reviewing assumptions and strategies, making corrections where needed, and communicating progress. Developing and implementing a cost- effective regional monitoring program as part of the adaptive management approach. Using the comprehensive list of actions, and other actions consistent with the Plan, as a source of potential site specific projects and land use and public outreach recommendations. Jurisdictions, agencies, and stakeholders can implement these actions at any time. 6. Using the start -list to guide priorities for regional funding in the first ten years of Plan implementation, and implementing start -list actions through local capital improvement projects, ordinances, and other activities. The start -list will be revised over time, as new opportunities arise and as more is learned through adaptive management. El RESOLUTION NO. 7. Using an adaptive approach to funding the Plan through both local sources and by working together (within WRIA 8 and Puget Sound) to seek federal, state, grant, and other funding opportunities. The long-term ultimate goal is to fund the Plan through a variety of sources at the current 2004 level plus 50 percent, recognizing that this resolution cannot obligate future councils to financial commitment and that the funding assumptions, strategies, and options will be revisited periodically. 8. Forwarding the Plan to appropriate federal and state agencies through Shared Strategy for Puget Sound, to be included in the Puget Sound Chinook salmon recovery plan. SECTION III. The City of Renton recognizes that negotiation of commitments and assurances/conditions with appropriate federal and state agencies will be an iterative process. Full implementation of this Plan is dependent on the following: 1. NOAA Fisheries will adopt the Plan, as an operative element of its ESA Section 4(f) recovery plan for Puget Sound Chinook salmon. 2. NOAA Fisheries and USFWS will: a) take no direct enforcement actions against the City of Renton under the ESA for implementation of actions recommended in or consistent with the Plan, b) endorse the Plan and its actions, and defend the City of Renton against legal challenges by third parties, and c) reduce the regulatory burden for City of Renton activities recommended in or consistent with the Plan that require an ESA Section 7 consultation. Federal and state governments will: a) provide funding and other monetary incentives to support Plan actions and monitoring activities, 5 RESOLUTION NO. b) streamline permitting for projects implemented primarily to restore salmonid habitat or where the actions are mitigation that further Plan implementation, c) offer programmatic permitting for local jurisdiction actions that are consistent with the Plan, d) accept the science that is the foundation of the Plan and support the monitoring and evaluation framework, e) incorporate actions and guidance from the Plan in future federal and state transportation and infrastructure planning and improvement projects, and f) direct mitigation resources toward Plan priorities. SECTION IV. This resolution does not obligate the City of Renton Council to future appropriations beyond current authority. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2005. Approved as to form: Lawrence J. Warren, City Attorney RES. 1120:6/29/05:ma Kathy Keolker-Wheeler, Mayor G e CITY OF RENTON, WASHINGTON ORDINANCE NO. 6'1�0 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CHAPTER 6-28, RACE ATTENDANCE, THAT PROHIBITS RACE ATTENDANCE WITHIN A "NO RACING ZONE" AND BIPOSES CRIMINAL PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L A new Chapter 28, Race Attendance, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: Chapter 6-28 RACE ATTENDANCE SECTION: 6-28-010 Definitions. 6-28-020 SOAR Orders. 6-28-030 Designated "No Racing Zones." 6-28-040 Unlawful Race Attendance Prohibited. 6-28-050 Issuance of SOAR Orders. 6-28-060 Violation of SOAR Orders. 6-28-070 Severability 6-28-010 DEFINITIONS: 1 ORDINANCE NO. Unless the context clearly requires otherwise, the definitions in RMC Chapter 6-28 shall apply throughout this chapter. 1. "Public place" means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, the doorways and entrances to buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots. 2. "SOAR" is an abbreviation for "Stay Out of Areas of Racing." 3. "Unlawful race event" means an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles. 6-28-020 SOAR ORDERS: A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a "No Racing Zone," as set forth herein, between the hours of 10:00 PM and 5:OOAM. 6-28-030 DESIGNATED "NO RACING ZONES": A. The areas designated herein are "No Racing Zones," between the hours of 10:00 PM and 5:00 AM: 1. Oakesdale Avenue SW, 1600 block to 4200 block 2. Lind Avenue SW, 700 block to 4200 block 3. East Valley Road, 1600 block to 4200 block 4. Thomas Avenue SW, 700 block to 1000 block 5. Houser Way N., 800 block to 1200 block 6. Maple Valley Highway, 1700 block to 5600 block 7. Powell Avenue SW, 700 block to 1000 block 0J ORDINANCE NO. B. These "No Racing Zones" include the locations listed in RMC 6-28-030.A, ;ether with adjoining property areas (such as sidewalks, entryways, landscaped areas, and parking areas), if those adjoining areas are being used for racing or unlawful race attendance regardless of whether such property is a public place or is private property. These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at all highway entrances to the No Racing zone. At a minimum, these signs must include the following statements: "No Racing Zone"; "Race Attendance Prohibited"; and "RMC 6-28-040." 6-28-040 UNLAWFUL RACE ATTENDANCE PROHIBITED: A. It is unlawful for any person to enter or remain in a designated "No Racing Zone" between the hours of 10:00 PM and 5:00 AM if 1) (S)he knows or should know that an unlawful race event is occurring, has occurred, or is about to occur; and 2) His or her intent in entering or remaining in the "No Racing Zone" is, in whole or in part, to observe, support or encourage an unlawful racing event. B. A violation of this Section is a misdemeanor. 6-28-050 ISSUANCE OF SOAR ORDERS: A. The Municipal Court may issue a SOAR order to any person charged with racing, unlawful race attendance, reckless driving associated with race activity, or trespass associated with race activity as a condition of pre-trial release, sentence, or deferred sentence. B. A person is deemed to have notice of the SOAR order when: 1. The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall signify the person named in the order has read the order and has knowledge of the contents of the order, or ORDINANCE NO. 2. The order recites that the person named in the order, or his or her attorney, has appeared in person before the court at the time of issuance of the order. C. The SOAR order shall contain: This warning: "Violation of this order is a criminal offense under RMC 6- 28-060 and will subject the violator to arrest." 2. This condition: "The person named herein shall not be present in a "No Racing Zone" between the hours of 10:00 pm and 5:00 am"; and Any other condition the court determines should be imposed as a condition of pretrial release or condition of sentence, of the person named in the order. 6-28-060 VIOLATION OF SOAR ORDERS: A It is unlawful for any person who is the subject of a SOAR order and who has notice of the SOAR order to: 1. Violate a condition of the SOAR order; or 2. Fail to comply with any requirement or restriction imposed by the Court. B. In the event a police officer has probable cause to believe that a person has. been issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in the officer's presence, the person is seen violating or failing to comply with any requirement or restrictions imposed upon that person by the court, the officer may arrest the violator without warrant for violation of the SOAR order and shall bring that person before the court that issued the order. C. A violation of Section 6-28-060.A is a gross misdemeanor and shall be punishable by a fine not to exceed $5,000 or imprisonment not to exceed more than one year, or both. 6-28-070 SEVERABILITY: 0 ORDINANCE NO. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 11 This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of 72005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1190:7/11/05:ma Kathy Keolker-Wheeler, Mayor 5