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HomeMy WebLinkAboutCouncil 11/07/2005AGENDA RENTON CITY COUNCIL REGULAR MEETING November 7, 2005 Monday, 5:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: a. Return to Renton Car Show b. Mayor's Presentation of 2006 Budget 4. PUBLIC HEARINGS: a. Querin II Annexation - 60% Petition to Annex and R-8 zoning for 7.2 acres located in the vicinity of Hoquiam Ave. NE, SE 112th St., and 144th Ave. SE b. Boeing Subdistrict 113 Conceptual Plan 5. ADMINISTRATIVE REPORT 6. 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. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of October 24, 2005. Council concur. b. Mayor Keolker-Wheeler appoints Denise Bisio, 1301 W. Newton St., Seattle, 98119 to the Municipal Arts Commission for a three-year term expiring 12/31/2007. Refer to Community Services Committee. c. City Clerk submits request for partial release of easement by Robert West, 3904 Park Ave. N., Renton, 98056 for property located between Lake Washington Blvd. N. and Wells Ave. N. at N. 37th St. Refer to Utilities Committee. d. Community Services Department recommends approval of a five-year lease with the Renton Housing Authority for the City -owned Edlund house at 17611 103rd Ave. SE, Renton, 98055. Refer to Finance Committee. e. Development Services Division recommends approval, with conditions, of the Elmhurst Final Plat; 64 single-family lots on 9.6 acres located on the west side of Bremerton Ave. NE and north of NE 2nd St. (FP-05-090). Council concur. (see 10. a. for resolution.) f. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way to include a cul-de-sac along the northern boundary of the NE 18th Circle street extension from Duvall Ave. NE to fulfill a requirement of the Baxter Meadow Short Plat (SHP- 03-088). Council concur. g. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way along Olympia Ave. NE and NE 4th St. to fulfill a requirement of the Urban Craft Mixed Use Development (SA-03-035). Council concur. (CONTINUED ON REVERSE SIDE) h. Economic Development, Neighborhoods & Strategic Planning Department submits 10% Notice of Intent to annex for the proposed Perkins Annexation, and recommends a public meeting be set on 11/21/2005 to consider the petition and future zoning of the site, 15.1 acres located south of SE 95th Way and east of 128th Ave. SE (if extended). Council concur. i. Economic Development, Neighborhoods & Strategic Planning Department recommends adoption of proposed standards for being an officially recognized neighborhood of the City of Renton's Neighborhood Program. Refer to Community Services Committee. j. Human Resources and Risk Management Department recommends approval of the Renton Police Guild Non -Commissioned Unit and the Renton Battalion Chief Local 864 labor agreements for 2006-2008. Council concur. k. Utility Systems Division recommends approval of the 2006 System Development Charges for Water, Wastewater, and Surface Water Utilities and adoption of an Annexation Fee of $2,500 to be implemented on 1/l/2006. Refer to Utilities Committee. 1. Utility Systems Division recommends concurrence with the Washington State Department of Transportation regarding the proposed alignment of the northbound I-405 to SR-169 ramp and future widening of I-405. Refer to Utilities Committee and Community Services Committee. m. Utility Systems Division recommends approval of a contract with Roth Hill Engineering Partners, LLC, in the amount of $258,599 for the design and permitting of the Central Plateau Interceptor Phase II project. Refer to Utilities Committee. n. Utility Systems Division recommends approval of a one-year extension to the WRIA 8 and WRIA 9 Interlocal agreements in the amount of $21,700 for salmon conservation plan implementation. Council concur. (see 10. b. for resolution.) 8. CORRESPONDENCE 9. 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. Planning & Development Committee: 2005 Comprehensive Plan Amendments re: West Hill Potential Annexation Area b. Utilities Committee: LandTrust Latecomer Agreement Request 10. RESOLUTIONS AND ORDINANCES Resolutions: a. Elmhurst Final Plat (see 7. e.) b. Interlocal Agreements extension: WRIA 8 & WRIA 9 (see 7. n.) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) Election of 2006 Council president and president pro tem 12. AUDIENCE COMMENT 13. ADJOURNMENT (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Following Council Meeting) Council Chambers Immediately Following the Council Meeting 2006 Budget Presentations; 2006 Revenue Projections • 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 1 1:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting November 7, 2005 Council Chambers Monday, 5:00 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE, Council President; MARCIE PALMER; DON PERSSON; COUNCILMEMBERS RANDY CORMAN; TONI NELSON; DAN CLAWSON; DENIS LAW. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; DENNIS CULP, Community Services Administrator; MIKE WEBBY, Human Resources Administrator; MICHAEL BAILEY, Finance and Information Services Administrator; LINDA HERZOG, Interim Assistant to the CAO; CHIEF LEE WHEELER, DEPUTY CHIEF ARTHUR LARSON, and DEPUTY CHIEF LARRY RUDE, Fire Department; CHIEF GARRY ANDERSON, COMMANDER FLOYD ELDRIDGE, COMMANDER KATIE MCCLINCY, and COMMANDER KEVIN MILOSEVICH, Police Department. SPECIAL Jim Medzegian, member of the Return to Renton Cruise -In Car Show Steering PRESENTATIONS Committee, stated that the mission of the car show is to raise funds for the Community Event: Return to Police Department's youth education programs. Mr. Medzegian reported that Renton Car Show, 200 vehicles were displayed at the 15th annual event held at Renton Memorial Contribution of Proceeds to Stadium on July 9th. He showed pictures taken at the event, and reviewed the Police Department vision for future car shows, which includes increasing the number of vehicles, expanding family activities, and moving the 2007 event to downtown Renton. Mr. Medzegian presented Police Chief Garry Anderson with a check in the amount of $3,200. Chief Anderson accepted the money with appreciation, saying that the Police Department just authorized two grants to the Renton School District for a middle school learning program. AJLS: Mayor's Presentation of Mayor Keolker-Wheeler presented her proposed City of Renton 2006 Budget to 2006 Budget members of the City Council and Renton citizens. She acknowledged the policy work and guidance provided by the City Council, and the efforts of City staff. The Mayor reviewed the 2005 achievements, which include: RenStat (a program that addresses, identifies, and targets crime), the Federal Reserve Bank of San Francisco (broke ground this summer on its new facility in Renton), downtown redevelopment, the securing of Federal and Sound Transit funds for important transportation projects, REACT (a program that addresses non- criminal activities and nuisance abatement), volunteerism such as the Mayor's Planting Day, the Clean Sweep program, the operation of the Henry Moses Aquatic Center at a profit, and the master plan for the Heather Downs neighborhood park. Mayor Keolker-Wheeler noted the continuing challenge of high expectations versus limited resources. Voter -enacted limits on taxes and State mandated tax exemptions continue to constrain the City's revenues. Reporting that property November 7, 2005 Renton City Council Minutes Page 378 taxes make up almost one-third of the City's general governmental revenues, she explained that with the limit on the amount the City can collect and the continuing increase in the value of property, the actual amount of the tax levy declines. It has declined over the past ten years from $3.60 per thousand dollars of assessed valuation to $3.07. She pointed out that in the meantime, the growing economy has added significant new construction and annexations, which helps the property tax base grow. Turning to the key 2006 initiatives, the Mayor began with the promotion of neighborhood revitalization by proposing the continuation of the REACT program, which includes adding three police officers; the continuation of the Clean Sweep program; and the completion of the Highlands Sub -Area Plan. The promotion of Citywide economic development includes the redevelopment of the Boeing property ("The Landing" project), the Downtown Action Plan, and on -going business recruitment. Continuing, Mayor Keolker-Wheeler discussed the management of growth through sound urban planning, highlighting various transportation projects. She noted that the proposed budget includes funds to build the Heather Downs neighborhood park, and a new parks and facilities maintenance complex. In regards to annexations, the Mayor explained that State and King County policies require the City to explore annexing surrounding unincorporated areas. The City is trying to respond to these demands in a balanced and objective way that does not negatively impact existing residents. Continuing with the meeting of service demands that contribute to a livable community, the Mayor reported that the proposed budget maintains existing service levels, proposes no new taxes, does not use reserves to balance the General Governmental Budget, updates user fees such as fire inspection fees and system development charges, and implements an annexation fee. The budget proposal adds: three police officers, one fire inspector, one fire support staff member, local matching funds for a grant to potentially add three firefighters, court security measures, and two staff positions and others costs related to operating the new Maplewood Water Treatment Facility. Mayor Keolker-Wheeler stated that the total proposed 2006 Budget is approximately $171.2 million, of which $72.5 million is the General Governmental Budget. The proposed budget includes increasing the water and stormwater system rates by 3%, and the wastewater system rate by 4%. Mayor Keolker-Wheeler proposed that the City Council partner with her in 2006 to engage in a comprehensive "priorities of government" process with the following goals in mind: alignment of City services with community needs and priorities, continued accountability, and effective communication. She explained that the City needs to strike the right balance between what the community needs from its local government, and the amount of resources necessary to accommodate those needs. The Mayor emphasized that this process will be a way to examine unmet needs, and ensure that the City is using its scarce resources in the best way possible. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Annexation: Querin 11, accordance with local and State laws, Mayor Keolker-Wheeler opened the Hoquiam Ave NE public hearing to consider the 60% Petition to Annex and R-8 zoning for the proposed Querin II Annexation; 7.3 acres located between Hoquiam Ave. NE on the west and 144th Ave. SE, if extended, on the east, south of SE 112th St. November 7, 2005 Renton City Council Minutes Page 379 Senior Planner Don Erickson reported that the annexation area contains three single-family dwellings. The topography of the site is relatively flat where it abuts Hoquiam Ave. NE, and the eastern portion contains steep slopes as a result of Honey Creek and its ravine. He noted that King County's 2005 surface water design standards or greater are recommended at the time of development. The site is served by the following public services: Fire District #25, Water District #90, Renton sewer, and the Renton School District. Mr. Erickson stated that existing King County zoning is R-4 (four dwelling units per gross acre), and the Renton Comprehensive Plan designates the site as Residential Single Family, for which R-8 (eight dwelling units per net acre) zoning is proposed. He indicated that the proposed annexation is generally consistent with City annexation policies and relevant Boundary Review Board criteria. In regards to the fiscal impact analysis, Mr. Erickson estimated a surplus of $236 at current development, a surplus of $9,278 at full development, and a one-time parks acquisition and development cost of $27,176. Mr. Erickson indicated that the proposed annexation does not present any major impediments to the provision of City services to the area. He concluded that the annexation appears to further Renton business goals and is in the best interests of the City. Public comment was invited. Mayor Keolker-Wheeler referred the request by Virginia Broyles, 11224 142nd Ave. SE, Renton, 98059, for information regarding utility rates and the sewer system to Mr. Erickson. Jim Montcrief, 11216 142nd Ave. SE, Renton, 98059, stated that an additional house exists in the annexation area, for a total of four dwellings. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ACCEPT THE QUERIN II DIRECT PETITION TO ANNEX, SUPPORT R-8 ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN RESIDENTIAL SINGLE FAMILY LAND USE DESIGNATION, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD. CARRIED. Planning: Boeing Subdistrict This being the date set and proper notices having been posted and published in 113 Conceptual Plan accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the Boeing Subdistrict 1B Conceptual Plan for a second phase of redevelopment of surplus property located south of N. 8th St. and east of Logan Ave. N. Alex Pietsch, Economic Development Administrator, explained that conceptual planning is a requirement of the 2003 development agreement between the City and Boeing, which pertains to the future redevelopment of Boeing Renton Plant site. Conceptual planning provides the City with certainty that its vision will be met, and confidence for its infrastructure commitments. He reported that three subdistricts were created within this site, which bears the Urban Center -North (UC-N) land use designation, and pointed out that a conceptual plan has already been adopted for Subdistrict IA. November 7, 2005 Renton City Council Minutes Page 380 Mr. Pietsch reviewed the conceptual plan requirements, which include consistency with the UC-N vision, a description of the development, and an economic benefit analysis. He indicated that the Subdistrict 1B Conceptual Plan divides the property into two distinct parts. The northern 21 acres is currently under a "right of first offer" agreement with Harvest Partners and likely will be sold in the very near future and be used for retail development. The southern 31 acres, which is not expected to be declared surplus in the near future, contains 660,000 square feet of existing office buildings and remaining land for in -fill development. Continuing, Mr. Pietsch reviewed the economic benefits associated with the development of the two parts of Subdistrict 1B such as job creation and revenues, and he noted that the conceptual plan meets the vision of the UC-N designation. He reported that staff proposes the following two conditions to the plan: 1) Park Ave. N. be designated as a pedestrian -oriented street, and 2) transit facilities be allowed within the northern 21-acre portion should funding opportunities arise and the development of such facilities support the surrounding development and be supported by the property owner(s). Mr. Pietsch stated that staff recommends approval, with conditions, of the Boeing Subdistrict 113 Conceptual Plan. He indicated that the related Committee of the Whole report will be presented to Council for adoption, and if approved, Boeing will then present its Planned Action for Council consideration. Responding to Councilman Clawson's inquiry regarding the potential transit facility and the financing of the infrastructure, Mr. Pietsch stated that Sound Transit's Sound Move 2 plan consists of a parking garage and a bus rapid transit facility. He described future road and trunk utility infrastructure improvements, including the realignment and widening of Park Ave. N., the widening of Logan Ave. N., a new N. 10th St., and the extension of N. 8th St. He explained that as part of the 2003 Boeing development agreement, the City will build main arterial roads and trunk utility lines deemed necessary for the project as long as there is revenue from the development allowing two-thirds of that revenue to support debt service on bonds. The remaining one-third would be for the general fund to support City services. Discussion ensued regarding the number of lanes proposed for Logan Ave. N., the improvements to various area streets such as Park Ave. N. and Garden Ave. N., the ability of the utility infrastructure to support future expansion of the roads, and the traffic flow in the area. In response to Councilman Corman's comments, Planning/Building/Public Works Administrator Gregg Zimmerman noted that the City is reevaluating the traffic counts as part of the design process for the area's roadway system, and he described the findings and the adjustments that are being made. Public comment was invited. Ray Giometti, 323 Pelly Ave. N., Renton, 98055, suggested that the widening of Logan Ave. N. occur sooner than later; otherwise, traffic will be forced onto Park Ave. N., fracturing the North Renton neighborhood. Pointing out that his neighborhood is located across the street from the southern 31-acre portion of Subdistrict 1B, Mr. Giometti expressed opposition to the development of the land for big -box retail use. November 7, 2005 Renton City Council Minutes Page 381 Mike O'Donin, 423 Pelly Ave. N., Renton, 98055, expressed concern that Logan Ave. N. will become a traffic choke point, thereby increasing transit traffic on Park Ave. N. He asked for further review of the Logan Ave. N. expansion. Richard Zwicker, 446 Pelly Ave. N., Renton, 98055, agreed with the previous speakers' comments. He confirmed that the original plan was for Logan Ave. N. to be the main thoroughfare, and for Park Ave. N. to be pedestrian friendly. In response to Council inquiries, Mr. Pietsch confirmed that the street network design was adopted in the 2003 development agreement with Boeing, and the subject conceptual plan is a separate matter. Chief Administrative Officer Jay Covington pointed out that since Boeing owns the right-of-way on Logan Ave. N., the City does not have the ability to expand the road beyond three lanes at this time. Councilmembers Corman and Palmer suggested further review of the transportation plan for the subject area. Lee Chicoine, 406 Burnett Ave. N., Renton, 98055, expressed concern about the flow and amount of traffic, saying that he wants Logan Ave. N. expanded to five lanes to prevent a choke point. Nora Schultz, 540 Williams Ave. N., Apt. 12, Renton, 98055, stated her desire for consistent traffic flow on Logan Ave. N., and less traffic on N. 6th St. Ms. Schultz suggested further review of the matter. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL REFER THE TRANSPORTATION PLAN RELATED TO THE BOEING PROPERTY DEVELOPMENT TO COMMITTEE OF THE WHOLE FOR A BRIEFING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: City Hall Information Desk volunteers were recently presented certificates of appreciation at a dinner hosted by City Clerk Division staff. Since the programs establishment in 1984, the volunteers have given over 51,000 hours of excellent service to the City. Work is now underway on the SW 27th St./Strander Blvd. Connection, Segment 1, construction project, which initially will provide access to the proposed Federal Reserve Bank facility and, ultimately, will result in a new five -lane arterial connecting Renton and Tukwila. AUDIENCE COMMENT Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056, said she is an Citizen Comment: DeMastus - independent producer with public access cable channel 77, and announced that Firefighter Tribute Program she has completed her firefighter tribute program, which will air on channel 77. She presented a copy of the program to the Council, and suggested that it be cablecast on Renton's government access channel 21 as well. November 7, 2005 Renton City Council Minutes Page 382 Citizen Comment: Blake - Jay Paul Blake, 17627 133rd Pl. SE, Renton, 98058, stated that he is a member Fairwood Incorporation of the Fairwood community, and asked the City to consider initiating the annexation of the proposed Fairwood Incorporation area into Renton's boundaries. Noting that he has attended several meetings organized by the Fairwood Task Force, he expressed his dismay at the inaccuracy of some of the statements made by the speakers. Mr. Blake indicated that he opposes the incorporation for reasons related to the limited financial viability of proposed city. Mr. Blake cited passages from the Fairwood Incorporation feasibility study concerning the proposed city's financial viability. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL ALLOW THE SPEAKER FIVE ADDITIONAL MINUTES FOR HIS COMMENTS. CARRIED. Mr. Blake continued with his review of the feasibility study. He concluded that Renton is in a strong financial position, and consequently, the residents of the Fairwood area will be best served by being annexed to the City of Renton. Citizen Comment: Finlayson - Laurie Finlayson, 14224 SE 163rd Pl., Renton, 98058, supported Mr. Blake's Fairwood Incorporation request that Renton consider annexing the Fairwood area. She expressed her surprise at some Fairwood residents' negative opinions of Renton, and surmised it may be because they do not relate to Renton since much of the area resides within the Kent School District. Ms. Blake indicated that the analysis of the financial feasibility of the proposed city did not convince her that incorporation will work. She stated her desire to be apprised of all the options, including a comparison of both incorporation and annexation to Renton, in order to make an informed decision. Discussion ensued regarding the Fairwood Incorporation effort; Renton's practice to wait for parties to express interest in annexing to the City; regulations concerning the allowance of an annexation effort while an incorporation effort is pending; the possibility of an advisory vote on the interest of Fairwood residents annexing to Renton; the unlikelihood that the vote for the Fairwood Incorporation will occur in February 2006, as the Boundary Review Board will be conducting hearings in January and February; Fairwood residents' perception of Renton; Council's stance on the annexation of the Fairwood area to Renton; and the provision of information concerning annexation to Renton. Mayor Keolker-Wheeler asked Economic Development Administrator Alex Pietsch to research the questions that surfaced during the discussion. Councilman Clawson acknowledged the consent of the Councilmembers for the continued conveyance of information regarding annexation to Renton. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 10/24/2005. Council concur. 10/24/2005 Appointment: Municipal Arts Mayor Keolker-Wheeler appointed Denise Bisio, 1301 W. Newton St., Seattle, Commission 98119, to the Municipal Arts Commission for a three-year term expiring 12/31/2007. Refer to Community Services Committee. November 7, 2005 Renton City Council Minutes Page 383 Release of Easement: Robert City Clerk submitted request for partial release of easement by Robert West, West, Lake WA Blvd N & 3904 Park Ave. N., Renton, 98056, for property located between Lake Wells Ave N, RE-05-001 Washington Blvd. N. and Wells Ave. N. at N. 37th St. Refer to Utilities Committee. Lease: Renton Housing Community Services Department recommended approval of a five-year lease Authority, Edlund Property with the Renton Housing Authority for a house on the City -owned Edlund House property located at 17611 103rd Ave. SE. Refer to Finance Committee. Plat: Elmhurst, Bremerton Ave Development Services Division recommended approval, with conditions, of the NE, FP-05-090 Elmhurst Final Plat; 64 single-family lots on 9.6 acres located at 201 Bremerton Ave. NE (FP-05-090). Council concur. (See page 385 for resolution.) Development Services: Baxter Development Services Division recommended acceptance of a deed of Meadow Short Plat, ROW dedication for additional right-of-way to include a cul-de-sac as part of the NE Dedication, NE 18th Circle 18th Circle street extension from Duvall Ave. NE to fulfill a requirement of the Baxter Meadow Short Plat (SHP-03-088). Council concur. Development Services: Urban Development Services Division recommended acceptance of a deed of Craft Mixed Use dedication for additional right-of-way along Olympia Ave. NE and NE 4th St. Development, ROW to fulfill a requirement of the Urban Craft Mixed Use Development (SA-03- Dedication, Olympia Ave NE 035). Council concur. Annexation: Perkins, SE 95th Economic Development, Neighborhoods and Strategic Planning Department Way & 128th Ave SE submitted 10% Notice of Intent to annex petition for the proposed Perkins Annexation, and recommended a public meeting be set on 11/21/2005 to consider the petition; 15.1 acres located south of SE 95th Way and east of 128th Ave. SE (if extended). Council concur. EDNSP: Neighborhood Economic Development, Neighborhoods and Strategic Planning Department Program Standards recommended adoption of standards for being an officially recognized neighborhood in Renton's Neighborhood Program. Refer to Community Services Committee. Human Resources: Police Human Resources and Risk Management Department recommended approval Officers Guild Non- of the Renton Police Officers' Guild Non -Commissioned Employees and the Commissioned Employees & Renton Firefighters Local 864 Battalion Chiefs labor agreements for 2006- Firefighters Local 864 2008. Council concur. Battalion Chiefs Labor Agreements Utility: System Development Utility Systems Division recommended approval of the 2006 System Charges, Annexation Fee Development Charges for water, wastewater, and surface water utilities, and adoption of a $2,500 Annexation Fee to be implemented on l/l/2006. Refer to Utilities Committee. WSDOT: I-405 to SR-169 Off- Utility Systems Division recommended concurrence with the Washington State Ramp Alignment Department of Transportation regarding the proposed alignment of the northbound 1-405 to SR-169 off -ramp and future widening of I405. Refer to Utilities Committee and Community Services Committee. Utility: Central Plateau Utility Systems Division recommended approval of a contract with Roth Hill Interceptor Phase II, Roth Hill Engineering Partners, LLC, in the amount of $258,599 for design and Engineering Partners permitting of the Central Plateau Interceptor Phase H project. Refer to Utilities Committee. November 7, 2005 Renton City Council Minutes Page 384 Utility: WRIA 8 and WRIA 9 Utility Systems Division recommended approval of a one-year extension to the lnterlocal Agreement Water Resource Inventory Area 8 (WRIA 8) interlocal agreement in the amount Extensions, CAG-01-004 & of $11,303, and to the WRIA 9 interlocal agreement in the amount of $10,397 CAG-01-005 for salmon conservation planning. Council concur. (See page 385 for resolution.) MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Utilities Committee Chair Corman presented a report regarding the latecomer Utilities Committee agreement request by LandTrust, Inc. (LA-05-004). Dick Gilroy of LandTrust, Latecomer Agreement: Inc. has withdrawn the request for a latecomer agreement for sewer installation LandTrust, Sanitary Sewer along Hoquiam Ave. NE. Therefore, the Committee recommended the removal (Hoquiam Ave NE), LA-05- of this item from the Committee's referral list. MOVED BY CORMAN, 004 SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Clawson presented a report Committee regarding the evaluation of potential boundaries for the West Hill Potential Comprehensive Plan: Annexation Area (PAA). The Committee recommended referring the issue of Amendments, Inclusion of amending the Comprehensive Plan to include the West Hill in Renton's PAA to West Hill in PAA the Committee of the Whole. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Residential Uses in Planning and Development Committee Chair Clawson presented a report Commercial Arterial Zone regarding City Code changes for residential development in the Commercial Arterial (CA) zone. The Committee recommended concurrence in the staff recommendation to: • Amend the purpose of the CA zone under 4-2-020 to acknowledge that limited residential use is appropriate when it is well integrated with surrounding commercial development. • Amend the use table at 4-2-060 and 4-2-070 to allow attached and semi - attached housing in the CA zone as an administrative conditional use subject to condition number 18. • Amend note 18 of the Conditions Associated with Zoning Use Tables under 4-2-080 to prohibit garden style apartments, and set the conditions that must be met to be eligible for residential development in the CA zone. • Amend 4-2-080 to eliminate maps duplicated in 4-3-040. • Amend the development standards for the CA zone at 4-3-120 to allow a 1,200-foot minimum lot size for attached residential plats, and change all corridor references to "Business District." • Amend 4-3-040 to create a Sunset, NE 4th, and Puget Business District overlay, including development standards for commercial and residential uses. • Amend maps in 4-3-040 to show the corrected Business Districts. • Insert Special Designation Criteria for residential uses in the NE 4th, Sunset, and Puget Business Districts in 4-9-030. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. November 7, 2005 Renton City Council Minutes Page 385 RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3779 A resolution was read approving the Elmhurst Final Plat; approximately 9.6 Plat: Elmhurst, Bremerton Ave acres located in the vicinity of Bremerton Ave. NE, north of NE 2nd St. NE, FP-05-090 MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3780 A resolution was read authorizing the Mayor and City Clerk to execute an Utility: WRIA 8 and WRIA 9 extension of the interlocal agreements among participating jurisdictions with Interlocal Agreement the Green/Duwamish and Central Puget Sound Watershed Resource Inventory Extensions, CAG-01-004 & Area (WRIA 9) and the Lake Washington/Cedar/Sammamish Watershed CAG-01-005 Resource Inventory Area (WRIA 8). MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Council President Briere opened nominations for 2006 Council President and Council: 2006 Council Council President Pro Tem. MOVED BY BRIERE, SECONDED BY LAW, President Election (Corman) & COUNCIL ELECT COUNCILMAN CORMAN AS COUNCIL PRESIDENT Council President Pro Tem FOR 2006 AND COUNCILWOMAN NELSON AS COUNCIL PRESIDENT Election (Nelson) PRO TEM FOR 2006. CARRIED. ADJOURNMENT MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADJOURN THE COUNCIL MEETING AND START COMMITTEE OF THE WHOLE AT 7:25 P.M. CARRIED. Time: 7:12 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 7, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING November 7, 2005 COMMITTEEXHAIRMAN DATE/TIME AGENDA COUNCIL BUDGET WORKSHOP WED., 11/09 2006 Revenue Sources and Preliminary 1:00 P.M. Budget *Conferencing Center* COMMITTEE OF THE WHOLE MON., 11/14 Comprehensive Plan Briefing Regarding (Briere) 5:00 p.m. West Hill; 2006 Budget Deliberations; Briefing on Transportation Plan related to Boeing Property Development COMMUNITY SERVICES (Nelson) FINANCE (Persson) PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) MON., 11/14 Denise Bisio Appointment to Municipal 3:30 p.m. Arts Commission; I-405 to SR-169 Ramp Alignment Concurrence with WSDOT MON., 11/14 Vouchers; 4:00 p.m. Business License Fee Reporting Period Changes 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. It is my pleasure to present our recommendations for the 2006 budget. This budget totals over $171 million and I believe represents the right priorities to continue our investments in the future of Renton. i First, I want to acknowledge the policy work and guidance provided by the City Council. Together we developed and revised our business plan for 2006 through 2011 and I want to assure you that we relied on this work consistently in developing our recommendations. Thank you for your dedication to this important work. We will return to the role of the business plan later. 2 Staff Support • Special thanks to city staff • City Administrators Budget Team • Jay Covington • Linda Herzog • Budget Team • Many others Rum 02 00 2,9 VM MTO i I also want to thank the many others who played important roles in helping develop this recommendation. Along with the key staff in the Mayor's office; the City's Administrators, their supportfh�ejl�ed staff, and especially our budget team shown on the screen; with the difficult task of keeping the details straight as the plan evolved. This has been a year of transition as we have had 3 different FIS Administrators. Trying to get a budget completed while many in the office are new is a big accomplishment. — I hope you will understand if there are a few corrections to be made during our review. 3 2005 Achievements • RenStat efficiencies implemented RI COMMERCIAL BURGLARY INCIDENTS SY[0 TMI2005 AM Ot j 'S _�Y.." -. kM5f•95,h�2leta4 ILSWSM MY �p��� x ., '�y�n"e`nrFot�axwrv+acs v er �n�ta 3 yC'.;a � ��,f� f�v� � __�amtKw,tT ncr• � � ;a .� ?Wy �, &,} �t y�sljl awrwa+rutro wl •_ F- -1 si yusrerwc[nzpnk ' M�Ay M. Sin?3 t11AC�A!R Renton's future 4 This budget acknowledges and builds on the achievements of the past year. I'd like to mention a few of them this evening. RenStat is a very important tool to assure the efficiency of our law enforcement resources. This effort allows us to target police services where they are needed most. 4 Using sophisticated GIS and data reporting technology, our Police department has begun an effort to assure we are as responsive as possible to the public safety needs in Renton. 2 The Federal Reserve Bank of San Francisco broke ground this summer on its new facility in Renton. This world -class addition joins an already impressive group of businesses who call Renton home and we are very pleased they selected Renton. 5 2005 Achievements • Boeings new Multi -mission Maritime Aircraft • Educational Servi District of Puget Sound The Boeing Company's role in our community continues to be very important and continues to evolve. Boeing is designing and building its new Multi -mission Maritime Aircraft at its Renton facilities, adding 1,000 jobs. The Educational Service District of Puget Sound chose Renton for its headquarters and brought its 375 employees to our community. The Wizards of the Coast outgrew their previous location and looked around before deciding to keep its headquarters in a new Renton location. 0 2005 Achievements • Downtown redevelopment • Storefront Studio • Ina I We have worked hard to continue the downtown redevelopment efforts. The Storefront Studio work conducted by the University of Washington was very well received and downtown business owners are implementing some of their ideas. New facilities, such as First Savings Bank, will continue their redevelopment efforts in 2006. New residential units were built, more are under construction and new projects are in for permits. The Pavilion has been leased and is being marketed as a first class meeting facility in our downtown. The redevelopment of South 3rd/Main/Wells/Houser block is nearing completion. VA 2005 Achievements . r= ,fir, 1 SW 271h Street Improvements State, federal and regional transit tax dollars have been secured for many Renton transportation projects. All the state and federal money we can return to the community reduces the local burden on our tax payers for these regional facilities. 2005 has been a banner year for securing transportation funding: $33.6 Million. The City secured $15 M regional transit funding for the Rainier and Hardie Improvements project. We obtained $8.75 M state and federal funding for the SW 27th/Strander Blvd. Extension project. We secured $3.25 M state and federal funding for the SR 169 improvements in Renton. We secured $6 M state and federal funding for the street improvements related to the redevelopment of the Boeing South Lake Washington site. And we also received federal grants in the amount $600,000 for trails and bicycle path projects. 8 2005 Achievements • Successfully implemented REACT (Renton Enhanced Abatement & Code Enforcement) After The REACT program was implemented and significant progress was made in identifying and using the tools needed to resolve code compliance problems in our neighborhoods. On the screen are a few examples of areas that have been identified and cleaned up by this program. If our neighborhoods are in better repair and attractive, everyone benefits. This coordinated effort across several city departments is bringing together a clear focus on solving these problems. W 2005 Achievements • Volunteerism 4cn Street is essential After to maximize our investment • 300 neighborh volunteers hell with ""Mayor's Planting Day" 10 Iflomyestim Speaking of civic pride, our citizens have pitched in to help as well. Joining together people in neighborhoods who might otherwise not have become involved, we had 300 volunteers help with the "Mayor's Planting Day" last April. This team of new civic activists helped to clean up a neighborhood by removing weeds and replacing them with nice landscaping. We now have 34 recognized neighborhood associations in Renton. Civic pride is growing! 10 2005 Achievements • Implemented "Clean Sweep" A [MIOM C fl ep AAGGRAM wwR.R �....�.oMmuRe.n.w ...H..axe.. wero..a.wtin.nbw m..ro..w.� • Cost less than anticipated Part of that civic pride is helping our citizens find solutions for the difficult challenge of keeping debris from cluttering our neighborhoods. We implemented the "Clean Sweep" program and it: 1 - proved to be very popular with our citizens and 2 — proved to be a lot cheaper than we expected. In fact, the money we saved from this year will pay for next year's program — but more on that later. 11 Our recreation program takes great pride in the huge success of the Henry Moses Aquatic Center. It is very unusual for a swimming pool to "turn a profit" but ours does. This is largely because the pool is so popular with lines forming well before the pool opens. We have to routinely limit the number of people in the facility�� a`�-Cal �G 12 Speaking of recreation, we designed, and council approved, a master plan for improvements at a new park in the Heather Downs neighborhood. This project was particularly rewarding as it included a great deal of collaboration with the neighborhood. I'm very proud of the way staff worked to take the interests of the neighbors seriously in developing this design. We started with their input rather than show them a few finished products to choose from. This public involvement at the beginning�will be a model for how the city involves the neighborhoods in civic planning in the future. 13 2005 Achievements Selected to attend training at TP And lam, the City of Renton was selected to attend a one -week intensive training course on Emergency Management at FEMA's Emergency Management Institute in Emitsburg, Maryland. 0�Ctt �'� Z Cc fo, This prestigious training will include many partners from our community who will be instrumental in our being prepared to assist our citizens in the event of an emergency. The list of participants is being developed now. FEMA will start this effort by visiting our community for a week to insure that the training we receive will be relevant to our issues and our geography. This training will only cost the city the price of our meals while we are in Maryland. 14 We do have some challenges, however, as we face the future. One challenge is the continuing effect of voter initiatives. As you recall, one such initiative prompted the legislature to eliminate the motor vehicle excise tax. This initiative reduced city resources by over $800,000 per year. Another initiative eliminated a county level transportation funding tool. Lastly, Initiative 747 placed a growth limit of one -percent on property tax revenues. As you can see, property taxes make up almost one-third of our General Government revenues. 15 G J-Q_ With the limit on the amoun an collect, and the continuing increase in the value of property — the amount of the tax levy declines. It has declined over the past 10 years from $3 and 60 cents to $3 and 7 cents in 2006. This is a 15% drop. As the chart shows, we started controlling the growth in property taxes long before Initiative 747 was proposed. This was done as a part of our economic development strategy as new business development provides additional tax dollars to the community. In the meantime, the growing economy has added significant new construction and annexations which does help the property tax base grow as you will see in our review of the anticipated revenues. 16 Next, I want to review the 2006 budget that I am proposing. Again, we built our proposals on the policy guidance provided by the City Council when you adopted the business plan. 17 First, we looked at continuing our efforts to revitalize the city's neighborhoods. Promote Neighborhood Revitalization We propose to continue and make permanent the REACT program. To do this, we are proposing adding 3 police officers. As you recall, we assigned 3 officers from the patrol unit to REACT. This addition will allow us to restore those officers to their patrol duties. Secondly, we propose the retention of the code compliance officers we added to this effort last year. We are also proposing a modest increase to the City Attorney's office to accommodate the increased work this program has generated. 19 Promote Neighborhood Revitalization • Continue ""Clean Sweep" • Started in 2005 • Use funds allocated in 2005, which remain due to the program being less expensive • Three activities started will continue: • Neighborhood Clean-up campaign • City-wide "Reuse It!" stop and swap meet • Neighbor -to -Neighbor curbside collection 20 n1laTVs Ing I'nRenton'sFuture We propose retaining the very popular "Clean Sweep" program As I said, the 2005 effort did not cost as much as anticipated so we will be able to carry enough funds forward to provide for the program in 2006. We intend to continue the: Neighborhood clean up program, the City-wide Reuse It — stop and swap meet, and the Neighbor to neighbor curbside collection in 2006 20 Promote Neighborhood Revitalization • Complete and Implement Highlands sub -area plan 21 InveStina in �'wL-J] ( _ taE ®®■�®®w■ �r w®w■ Significant work has begun on revitalization of the Highlands. The sub -area plan will be completed in 2006 and it will present us with numerous options to improve that area of our city. Funds are included in this budget to complete the sub -area plan. As we move ahead with this planning effort, we will be asking the council to take some bold steps to help this area redevelop to its highest potential. 21 Key 2006 Initiatives Focus 1 Area 2 °^ Moving on to the next policy focus area: Promoting Citywide Economic Development 22 We are excited about the progress being made on the redevelopment of the Boeing property. The owners are continuing to work with staff to refine their plans and coordinate with the city to make this project a reality. Work is anticipated to start soon after the first of the year and we will be briefing the City Council on this exciting project very soon. Design work on the street grid is substantially complete. We worked to be sure the new street system met the city's needs first, while also accommodating the new development. By 2007, Renton will have abundant recreational shopping and entertainment opportunities. 23 The Downtown Action Plan continues to be implemented. Newly hired staff with a proven track record in downtown business development have already begun meeting with business and property owners. We are looking forward to more partnerships in 2006 that will keep the momentum going. 24 Promote citywide Economic Development On -going business recruitment PUG ET SOUND Educational Service District Our on -going efforts to attract and retain businesses in Renton continue to pay dividends. The coordination between the Economic Development staff and the staff responsible for city infrastructure, helps leverage city investments and attract world - class business to our city. 25 Key 2006 Initiatives Focus Area 3 Next — Managing Growth through Sound Urban Planning Or, as I like to say it — keeping the best of Renton while we grow and evolve to meet continuing regional challenges. 26 Managing Growth through Sound Urban Planning • Rainier / Hardie Avenue • Transit and Pedestrian Improvements • Southwest 27th and Strander Blvd. • Major arterial improvement • I 405 / SR 169 27 InIlIV5111 Our transportation systems will continue to get a great deal of attention in 2006. We will construct transit and pedestrian improvements on Rainier and Hardie Avenue. Movement through our city on regional arterials is a focus. We just began work on the Southwest 27th and Star nder Blvd project which is expected to be completed in 2006. We will be working on the 1405 and Highway 169 interchange., CW U HL";')) 27 Managing Growth through Sound Urban Planning New Park in Heather Downs Neighborhood - t.. Approved Master �r Plan - 28 uE ®ry) 5"Woo I mentioned the approved master plan for the new park in the Heather Downs neighborhood. We have included funds to build the park as designed — with all the proposed amenities. Work on these park improvements should be completed in 2006. Managing Growth through Sound Urban Planning • Construction of new parks & facilities maintenance complex In addition to the new park, We have included funds to construct a new parks system maintenance complex. We hope to co -locate this facility with other city facilities taking advantage of the resulting efficiencies. 29 We are including money to preserve the investments of the past. The budget includes the funds needed to keep up with the major maintenance program that has been a strong tradition in Renton. 30 Managing Growth through Sound Urban Planning AnnexationsMQ<F�A$ HAS . Qde�sa+d.bw tl fiu*r�a3'�nrt�K.FP1rd Mi0..ra`3�- - i'�`� Ih fYYW �' �g — iO 0 31 mm State and county policies require the city to explore annexing the unincorporated areas around us. We are trying to respond to these demands in a balanced and objective way that does not negatively impact our existing citizens. We have spent a significant amount of effort in reviewing the potential annexations around the city. These include the East Highlands area shown here), the Cascade area, the West Hill area and the potential for annexation in the Fairwood area. These are the major potential annexation areas. Managing this process will take a lot of careful effort on our parts to ensure our current citizens that we are able to meet their needs and accommodate this much growth at the same time. 31 Key 2006 Initiatives Focus J Area 4, Meeting the Service Demands the Contribute to the Livability of the Community is the next focus area. 32 Meet Service Demands that Contribute to the Livability of the Community This Budget: • Maintains existing service levels • Contains no new taxes • Uses no reserves to balance • Keeps user fees up to date 33 Invastinn in Renton's Future This budget maintains all existing city services. After the difficult reductions that were necessary last year, we are able to sustain the service levels in 2006. We are proposing no new taxes in 2006. We did not use any reserves to balance the General 421�, budget. This is a big improvement over last year when we needed over $1.1 million in reserves to balance the budget! We are proposing updating a few user fees such as fire inspection fees, system development charges, and an annexation fee. 33 Meet Service Demands that Contribute to the Livability of the Community This Budget: • Adds 3 police officers • Addresses work load for REACT and RenStat • Adds 1 fire inspector • Emphasis on fire prevention and safety • Adds 1 fire support staff • rotect our iovestm%nt is 'taI inatiQn em 34 nves ing ,�k Kenfin sfuture cdt&�,q: As I said, we are recommending • 3 police officers — this allows us to restore the patrol division for those assigned to the REACT program. • 1 fire inspector — with an emphasis on preventing fires and promoting safety. • 1 fire department support staff — to preserve and increase our investment f4iii#E in the critical data management system5to ensure our firefighters have the best information before going into a hazardous situation and to analyze the trends to help make our community safer. 34 Meet Service Demands that Contribute to the Livability of the Community This Budget: • Adds the local matching funds for a "SAFER" grant • Potential for 3 additional firefighters • Adds court security measures for our 3rd floor • Uses equipment and personnel to protect city staff and patrons Add costs associated with the new Maplewood water tr tment p jn (2 jaffkinton an�of 35in'rustin-4in r csts) We are recommending adding: • The local grant match that will be needed, should we be successful in our application for a "SAFER" grant. This grant provides federal funding to support hiring 3 firefighters to meet workload demands. • Court security equipment and personnel to protect city staff and our patrons on the 3rd floor. A few close calls, and the tragic events in other court rooms in the region make this a priority. This also responds to concerns expressed by court staff as well as the Domestic Violence task force. • Add 2 staff positions and other costs related to operating the new Maplewood water treatment plant located on our golf course 35 Lastly, is the focus area related to influencing decisions that impact the city of Renton. 36 Building on the successes of the past, we are recommending providing funds to hire very experienced firms to assist us in our efforts to demonstrate the city's need for federal and state funds for our most important projects. Any funds coming back to Renton from the federal or state government reduces the amounts required from our own citizens. We continue to work with King County on the many complex issues related to the annexations I discussed a few moments ago. Council recently approved the contract to hire an experienced firm to assist us in negotiating a new franchise agreement with the cable TV industry and funding for this work is included in the 2006 budget. 37 Numbers $171.2 million Internal Funds General 11% Gov't Community 42% Services Streets 19% 9% City General Services Enterprise Government 23% 31 % Fire 19 % Debt Police 6% Capital Special 26% Pjts Revenue 14% 1% 38 Invas Ing InRenton's So how do all of these services for our citizens fit within the 2006 budget I have presented? we need to remember that the city has man 1� fines business. While we often think of police, fire and parks, wev_ � provide drinking water — and a system to remove the wastewater. -Manage the storm water. -Own and manage an airport and a golf course. -All the things we do will cost about $171.2 million to provide The Numbers General Government , Revenue and Expense million 75 73 71 69 67 65 '05 '06 39 Investin-4 in Renton's Future The General Government is where we will spend much of our discussion. That is because the activities within it are largely subsidized by general taxes such as property tax, sales tax and utility taxes. Services in this category include police, fire, parks, street maintenance, finance, human resources, the council and my office. This chart illustrates the change from 2005 to 2006 and the fact that the 2006 budget is balanced with 2006 revenues. The increase in 2006, over 2005, will be 5.3% for a total budget of $72.5 million. �Q i, 39 The Numbers The City provides a wide variety of services We have focused on General Government The utility accounts and golf courses pay for their services through user fees User fees need to keep pace with costs 40 rn inRenton's Future Hues As I said, the City budget consists of a wide variety of services So far, we have focused on General Government., Other accounts also need our attention such as the utility accounts and golf course. These services are funded through user fees, Therefore, user fees need to keep pace with the related costs, M The Numbers Utility Systems • Add 2 employees to operate the new plant • Comprehensive review of rates this winter • Moderate rate increases proposed for 2006 Increase per month • Water = 3% 74¢ • Waste Water = 4% 54� • Storm Water = 3% 161 ® i 1 C 41lnve5,mtln-n on s Uu One of the areas where a fee increase is necessary is in our utility systems. In 2005 we completed the investment in a $12.5 million water treatment facility. In order to protect this investment, the 2006 budget includes increased costs related to the facility. In addition, there are other cost increases, largely state and federal mandates related to keeping our drinking water and surface water systems clean. As a result, I'm recommending increases of 3% in the Water and Stormwater systems and 4% in the Waste Water system. We will be conducting a comprehensive review of how we finance our utility services this winter. Together we will analyze the many issues related to assuring long-term, financial stability of the utility systems. For now, the proposal is to pay for the increased costs of 2006 with the proposed modest rate increases. 41 42 The Future Community Based Inclusive process Ensure: 1. Alignment 2. Accountability 3. Communication n'sFuluic Lastly, let me return to a subject we discussed previously. I believe the structural imbalance of city budgets requires us to wipe the slate clean periodically. We need to spend a significant amount of time in our community and ensure that we are aligned with citizen priorities as we spend their tax dollars to provide services. We need to examine our public accountability and ensure we are communicating effectively with the citizens we all serve. I am asking the City Council to partner with me in 2006 to engage in a comprehensive "priorities of government" process. We will provide more recommendations on the substance of this effort soon. In the meantime, we want to make sound investment decisions on behalf of our community for 2006. 42 The Future Balancing the Budget 250 200 150 100 50 0 '06 '06 Unmet Revenue Expense Needs 43 n In q IanRenton'sFuture Balancing this budget was a difficult challenge. Not only do we need to financially balance the budget, we need to strike the right balance between what the community needs from its local government and the amount of resources necessary to accommodate that need. Again, the 2006 budget is balanced with 2006 revenue. However, in doing so, we left many of the significant needs in our community unmet. We reviewed hundreds of ideas and proposals for new services or enhancements to existing service. We had to leave many of them on the budget cutting room floor. We will be providing the Council with a representative example of some of the many unmet needs in our community as you review the budget proposal. The Priorities of Government Budget Process will be the time for us to examine these unmet needs and ensure that we are using our scarce resources in the best way possible. 43 Conclusion More information is available on our web site (look for the link on the home page), in the City Clerk's office, or in our libraries We look forward to working with the Council to discuss our spending priorities Thank • ■ ■ 44 Hues �nq in Renton's Future For those of you watching this presentation — I hope I've piqued your interest. More information about the budget is on our web site, including the entire 350 pages or so we provided to the City Council. These are also available at the city's two library branches. Copies of a budget summary are available in the City Clerk's office. We have public hearings scheduled on the budget for November 14' and 28th at 7 P. M. We welcome your comments. As always, feel free to contact us with your thoughts and concerns. We look forward to working with the City Council as we examine these proposed investments in our community. QUERIN ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF 60% DIRECT PETITION TO ANNEX AND POSSIBLE FUTURE ZONING November 7, 2005 The City is in receipt of the 60% Direct Petition to Annex from property owners in the proposed Querin Il Annexation area representing more than 60% of the area's $987,000 assessed value. The King County Department of Assessments certified the signatures on the petition on September 13, 2005. The 7.2-acre site is located in the City's East Renton Plateau Potential Annexation Area and is designated Residential Single Family (RS) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning, which allows up to six units per gross acre. It is the City's intent to rezone it to R-8, eight units per net acre, consistent with the current Residential Single Family (RS) land use designation, if the Council decides to accept the 60% petition to annex for this site. With R-8 zoning the site would accommodate approximately 46 single-family detached dwelling units. There currently are three detached dwellings on it. The annexation site abuts the City on its western and southern boundary. No existing public right-of-ways are proposed to be included in this annexation. The site is relatively flat where it abuts Hoquiam Avenue NE but falls off in its northeastern corner near Honey Creek. The eastern part of the site is considered to be in a high erosion area. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. Council authorized the circulation of the 60% Direct Petition to Annex on August 1, 2005 and tonight must decide whether to accept the petition, now that it has been certified, or reject it. If Council accepts it must decide on probable future zoning, assuming the site will eventually be brought into the City. Under state law the City required to hold at least two public hearings, thirty or more days apart, to consider future zoning. Tonight's hearing would be the first of these. If the Council continues to support this proposed annexation it will likely: 1. Accept the 60% Direct Petition to Annex, 2. Discuss its preference for future, zoning consistent with the Comprehensive Plan, that would be adopted at the time of annexation, and, 3. Authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County for their mandatory 45-day review. 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Addition insx Hudson- Aka.I— - 14.6 Fink II 'I 6.0 } Anth nw t - 357.c - 1 7 Querin Annexation Public Hearing to Consider 60% Direct Petition and Possible Future Zoning November 7, 2005 Existing Conditions ■ PAA — Within Renton's Potential Annexation Area ■ Location - Between Hoquiam Avenue NE on the west and 144t" Avenue SE, if extended, on the east, south of SE 112m Street Is Size — 7.3-acres (previous version was 10.14-acres) ■ Natural Features — Western portion of site is relatively flat whereas eastern portion is much steeper dropping off some 32 feet into Honey Creek ■ Existing Land Use — 3 existing single-family homes and 3 vacant parcels ■ Boundaries — as shown on next slide Existing Conditions - Structures Three existing a '� e SF dwellings — D id r Q a o U a ■ __ ElStructures Map v ' IT 1 Existing Conditions - Topography U Up to 30% slopes on eastern half of site LLI j Topography Map R: Existing Conditions — Environmental is Topograph — rolling with steep slopes to east st Environmental Constraints — Honey Creek and its ravine result in steep slopes and a high erosion area on eastern portion of site County's 1998 Surface Water Design Manual, Level 2 flow -control standards or greater are recommended Existing Conditions - Sensitive Areas Honey Creek and its ravine impact eastern 1/3 of site,. ST Sensitive Areas Map FIE 417V\� :Y- L 4 Existing Conditions — Public Services • Fire S Within District #25 • Utilities • Within Water District #90 Service Area • Within Renton Sewer Service Area w Schools . Within Renton School District 2 Existing Land Use Designation & Zoning K.C. Land Use Mao Urban Residential 4-1 du/ac K.C. Zoning - R-4 - Residential 4 du/ac" *Bonuses up to 6 du/pr. a, Site King County Zoning Map Comprehensive Plan Annexation Policies Poll cy LU-36. Encourage Sub)ect site is located within annexation where availa- City s designated PAA and bility.of infrastructure and urban services are available services allow for urban to serve site densities Policy LU-37.3. Annex lands subject to develop- New development has occurred to the south and ment pressure that might benefit from City west of the subject site. Staff are recommending use development standards of County's 2005 Drainage Manual Policy LU42. Support Honey Creek would annexations where it would presumably receive less protect natural resources impact under Renton's R-8 zoning Fiscal Impact Analysis ■ Assumes 3 existing houses w/ average assessed value of $220,000 ■ Assumes 43 new homes Win 10 years ■ Assumes average assessed value of $400,000 for new R-8 units ■ Assumes one-time park development cost of $27,176 Relevant Boundary Review Board Objectives ■ vreservauon or natural this annexation noes not affect neighborhoods and the Honey Creek Estates communities neighborhood to the east ■ Use of physical Existing streets (Hoquiam) and boundaries I city boundaries define the site ■ Prevention of abnormally Proposed boundaries are not irregular boundaries irregular ■ Annexation of cities of The subject annexation site is unincorporated areas urban in character and is which are urban in located within Renton's character designated PAA Fiscal Impact One time parks acquisition and development cost of $27,176 3 Conclusion ■ This proposed annexation is generally consistent with City annexation policies and relevant Boundary Review Board objectives for annexation ■ No major impediments to the provision of City services to the area have been identified Recommended Motion The Administration recommends that Council: ■ Accept the 60% Direct Petition to annex for the revised Querin Annexation ■ Consider R-8 zoning consistent with the Comp Plan Residential Single Family land use designation ■ Authorize the Administration to prepare and forward the Notice of Intent package to the Boundary Review Board Conclusion, continued ■ City would net approximately $9,278 per year in revenue in 2005 dollars at time of build out ■ Proposed R-8 zoning is consistent with Comp Plan Single Family Residential land use designation ■ Proposed annexation appears to further City Business Goals and be in the best interest of the City El PUBLIC HEARING BOEING SUBDISTRICT 1B CONCEPTUAL PLAN November 7, 2005 In 2003, the City of Renton and The Boeing Company entered into a Development Agreement whereby changes were made to the City's Comprehensive Plan that allowed rezoning of certain Boeing Company properties. This rezone allowed a wide range of uses under various scenarios that anticipated vibrant, mixed -use development throughout and area designated as Renton's Urban Center -North (UC-N). The UC-N was divided into three Subdistricts. A conceptual plan for Subdistrict I (between North 8t' Street and Lake Washington Drive) was approved as part of the Development Agreement and amended by the City Council in October 2004. The current Conceptual Plan submitted for approval applies to Subdistrict 1B (see reverse). A conceptual plan must be submitted for each subdistrict prior to subdivision, development, sale, or other alteration of the property not related to airplane manufacturing or supporting uses. The owner of Subdistrict 1B, The Boeing Company, seeks to subdivide and sell a portion of the property. Therefore, they have submitted a Conceptual Plan for Subdistrict 1B. The Subdistrict 1B Conceptual Plan should further the Vision of the Comprehensive Plan for the Urban Center — North. Upon review, staff finds that the Subdistrict 1B Conceptual Plan is consistent with the City's Vision for this area, which anticipates that the southern portion of District 1, between North 6t` Street and North 8t' Street will be redeveloped into a vibrant, pedestrian -oriented, mixed -use district. A key feature of the proposed Subdistrict 1B Conceptual Plan is the integration of existing and new structures, interlaced with pedestrian circulation patterns, internal parking areas (both surface and structured), and employment -generating uses. Staff is recommending that Council approve, with conditions, the Boeing Subdistrict 113 Conceptual Plan in accordance with the December 2003 Development Agreement between the City of Renton and The Boeing Company for the 50.7-acre portion of the Boeing Renton Plan, known as Subdistrict 1B. q q I I South Lake Washington Subdistrict 1 B Conceptual Plan o� \NTH Committee of the Whole Alex Pletsch EDNSP Administrator Conceptual Planning • Requirement of 2003 Development Agreement • Large districts must be planned prior to sale/development • Future land use applications must be consistent • Provides City with certainty ES Vision will be met El Confidence for infrastructure commitments �Y RENTON Plan Requirements HConsistency with Urban Center North Vision MIDescription of development EIGeneral locations, concentrations of uses F-lSquare footage, height, etc. OStreet network REconomic benefit analysis RENTON LAKESHORE LANDING - 830,000 sf Urban Retail Center 00 �� 1 << ;1 11 1 CONCEPTUAL PLAN AREA Sub -District 1 B M #7"'* MT--iT-;l M I M 21 acres optioned to Harvest Partners IE"ROFO" area EPhase II of "The Landing" N 31 acres retained by Boeing 0"Boeing Remainder" err } 9 pr�<ryr � k !! ka :Y7e:ra ;tf :yCda: �P. » ROFO Area #Available Q1 2006 9270k SF retail DOne Big Box 0125k of small/med shops M Retained data we �Y NOR`,H d-H S-R;-:ET R R F 1-STORY ?ETAIL E 1:1 _ - DA-A R R r M F EXISTING L EXISTING GARAGE GARAGE DP-2 6 till DP-1 / - ---- P L/Q DP-3 �- - - _,T' DP-4 M F 20 L/a L/O F ' NCRT DP-1 Z DP-2 '.'A,x 110 I-NI-S yjy _O.D PER.-.CRE-S.-OFY ".._TI-FAVIL'rLAB SLDGS RESIDENT AL 1535 .JN -S -QTA_ VwTF VOTE ONE STFEE- DP=3 NIA, ONE 8-STCRr LAB B-D;, 180 M) S= A'r SHA?=D �AR�IV? 'N DP-2 C-.A:.AGE DP-4 NOTE: •.,Aj : -A. D •/L• Ct.E SP 0 A_, P4F, N., L=.4,,E S_PTED B' 3A RAG= 10-16 EXISTIN( GARAGE C") =ART Boeing Remainder N Not expected to be surplus in near future 9660k office and 3 garages remain SB In -fill capacity E900k SF lab or SF office F_1540k _Y N I DP-1 MAX 110 L-NI-S, PER '-' CRE !4,_:-JI-FA Y ILY P::SIDE,*4T,AL 1535 JN;7Si Vn-E: Y?": D7"VER =.r__AIL 64 CCC ',F, NOR-, H 8-H S-BEET NiAX ONE 0—STORY LAB B_CS 1180 ci)o S:: 'N. SHARED PARING 'N DP-2 GARAGE NO r-E E IF -Fzl'-E VA 7PaF[Ma,. DP-4 "We —N-) C-OR" P 5-S - LA? 3T77 Sr' 3180.,-100 SF 07A - ' S_P=,C)RTED B'-' E.'x.':S- PA.RK N3 S A RA. G F Economic Benefits ROFO Boeing Remainder Direct/indirect Renton Jobs 17061 27100+ New annual recurring Renton revenues $8653000 $2.3 M One-time Renton construction revenues $667,000 $6.2 M RENTON Policy Check: Vision H"Two initial patterns of development... El ROFO: "Destination retail shopping district..." O Remainder: "...diverse mixed -use, urban - scale office, and technical center with supporting commercial retail uses." HUC-N as a "dense employment center." RENTON Proposed Conditions: UPedestrian orientation on Park Ave HAllow possibility of a transit facility �SY RENTON Recommendation MAdopt Boeings Subdistrict 1 B Conceptual Plan with the following conditions: F-lPark Ave designated as " pedestrian - oriented street" EIAllow the possibility of a Transit Facility 1�Y � Ug � �,;N�ro RENTON ,Ili , Next Steps HAdoption by COW report Nov. 14 Boeing will present Planned Action for Council consideration F� Satisfies environmental review HBoeing surplus declaration HAdministrative Master Plan approval UProperty sale RENTON CITY OF RENTON MEMORANDUM DATE: November 7, 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 Mayor Kathy Keolker-Wheeler and City Clerk Bonnie Walton presented certificates of appreciation and gift certificates to the City Hall Information Desk volunteers on October 26th. These volunteers, who were commended for their commitment, dependability and courtesy, staff the lobby desk and provide assistance and information to City Hall visitors and callers. The volunteers answer innumerable questions on a daily basis in a pleasant and courteous manner, enhancing public relations at City Hall. Since this program's establishment in 1984, lobby volunteers have given over 51,000 hours of excellent service to the City. Those honored for their generous contributions of time and dedication include: Helenanne Botham, Mary Brown, Jean Delaurenti, Ethel Eastman, Melanie Gain, Flora Katzer, Ray Kuhn, Delores Mead, and Florence Morris. Additionally, special recognition was given to Mary Breda, celebrating her 21st year of service, and to Bert Nord and Ann Grinolds, each celebrating their 20th year of service. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • The Gary Merlino Construction Company was given notice to proceed on the SW 27th Street/Strander Boulevard Segment 1 construction project on October 31st. Work is now underway on this project, which initially will provide access to the proposed Federal Reserve Bank facility and, ultimately, will result in a new five -lane arterial connecting Renton and Tukwila. • On October 31st, Harvest Partners submitted a permit application package for Lakeshore Landing, a mixed -use project referred to in the submittal as "The Landing." CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. AJLS/Mayor's Office Staff Contact...... Kathy Keolker-Wheeler, Mayor Subject: Municipal Arts Commission Appointment — Denise Bisio Exhibits: Recommendation from Dennis Culp, Administrator, Community Services Department Community Service Application For Agenda of: November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Community Services Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Keolker-Wheeler appoints the following to the Municipal Arts Commission: Denise Bisio for a three-year term expiring on December 31, 2007, replacing Diana Hagen. Ms. Bisio's address is: 1301 W. Newton St., Seattle, WA 98119 Telephone: 206-352-3226 The other members of the Municipal Arts Commission are: Gifford Visick, Jeremy Chambers, Linda Middlebrooks, Renne Saling, Jerri Everett, Edythe Gandy, Michael J. O'Halloran, Eleanor L. Simpson, Dawn Murin, Nancy Hoben, and two vacancies. STAFF RECOMMENDATION: Confirm the appointment of Denise Bisio to the Municipal Arts Commission. X Rentonnet/agnbill/ bh COMMUNITY SERVICES DEPARTMENT ♦ �j1 \�"u M E M O R A N D U M cp",- ' fk"t DATE: October 25, 2005 TO: Kathy Keolker-Wheeler, Mayor FROM: Dennis Culp, Community Services Administrator SUBJECT: Recommendation for New Appointment to Renton Municipal Arts Commission City code allows for twelve members on the Municipal Arts Commission, requiring that at least four members be Renton residents and one member be under the age of 21 years. Currently, there are ten members on the Arts Commission —three males and seven females —leaving two vacancies. Nine members are Renton residents. Denise Bisio submitted an Application for Community Services in May 2005 to fill Diana Hagen's term, which expired. She attended a meeting of the Renton Municipal Arts Commission and was interviewed after the October 5th session by a panel of commission members. Staff concurs with the members of the Renton Municipal Arts Commission and would like to recommend the appointment of Denise to the arts commission. Denise has an extensive Arts background including graphic design experience, archival framing, art preservation, and local knowledge of artists and art organizations. Although a Seattle resident, she is currently employed within the Renton City limits and provides customer service support to other arts organizations within the Puget Sound Area. She is energetic and has expressed an eagerness to take on tasks. We believe she would be a dedicated contributor and good addition to the Municipal Arts Commission Thank you for your consideration of this new appointment. cc: Peter Renner, Facilities Director April Alexander, Executive Secretary iArmac apptment besio.doc VECEAVED CITY OF RENTON MAY 2 3 2005 APPLICATION FOR COMMUNITY SERVICE MAYMS OFFM If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* ❑ LIBRARY BOARD ❑ BOARD OF ADJUSTMENT* MUNICIPAL ARTS COMMISSION* ❑ BOARD OF ETHICS* ❑ PARK BOARD* ❑ TRANSIT ADVISORY BOARD ❑ PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HOUSING AUTHORITY* ❑ SISTER CITY COMMITTEE - CUAUTLA ❑ HUMAN RIGHTS & AFFAIRS COMMISSION* ❑ SISTER CITY COMMITTEE - NISHIWAKI ❑ HUMAN SERVICES ADVISORY COMMITTEE* * Special membership requirements apply. Visit www.ci.renton.wa.us or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. ❑ MS. t? NAME DATE ADDRESS 1'5 U i l3 f bk NCLQ-W D IS d- (.� ZIP CODE (J t k 9 C e'k1 i PHONE: DAY ��•113� C1ZI$ NIGHT Z1x0. 'J�Z '� L� EMAIL &em�SC' b e- (Ae��'��k,C Cc7M RENTON RESIDENT? n O HOW LONG? CITY OF FORMER RESIDENCE SeC k VIC — k�S y('uIr: EDUCATIONALBACKGROUND25 lMPA 0OritnC. Cfec\—At�, 17,S C'1����\ - ��� ✓� OCCUPATION IRCCOy(Nk J —my- eIr EMPLOYERP\(Ae;(3�`—A)ne. S'%ry OCCUPATIONAL BACKGROUND akeJ '��tY��t',v�� w'�" E f�L?N ent � N( �xf1e [ii 1-T/y v ; ck)k co . 2es ow c),r\ fR I e. COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.) ��� �V �-� IfiK1'51OC'e REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEEaMO(�,(()'i*0y1k k `ea(n ajo - ' /1e CvJ1C �il� c�� NVA%C. aA c tNt n , S&a%o n CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS?, Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee, please feel free to contact the Mayor's Office at 425-430-6500. 021004 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... AJLS/City Clerk Bonnie Walton, x6502 Subject: Application For (Partial) Release of Utility Easement by Robert West, for a 10-ft. wide strip of property between Lake Washington Blvd. N. and Wells Ave. N, at N. 37th St. (File No. RE-05-001) Exhibits: Application, including map & legal description Utilities Easement (Recording #6660972) Al #: T G r For Agenda of: November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Refer to Utilities Committee Finance Dept...... Other. Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: On September 27, 2005, Robert West, 3904 Park Ave. N., Renton, 98056, filed an application for (partial) release of a utilities easement located between Lake Washington Blvd. N. and Wells Ave. N. at N. 37th St. The easement was granted by the City in 1970 and was recorded under King County Recording No. 6660972. An application filing fee of $250 has been paid. The technical services section of the Utility Systems Division has since reviewed the Application for Release of Easement, and determined that the (partial) release of easement petition is valid and the legal description is accurate. STAFF RECOMMENDATION: • Council action to determine whether the proposal should be granted, the classification of the easement, whether there are conditions of the approval, and whether an appraisal is necessary to determine the amount of compensation to be paid, if any, and • If so approved, adoption of an ordinance to finalize the release if all determinations have been made and all conditions have been met within 90 days of Council approval. cc: Sonja Fesser, Property Management Division X Reference: RMC 4-1-180E & RMC 9-1 'KE 0s-0at APPLICATION FOR RELEASE OF EASj ;MENT CITY OF RENTON IN THE CITY OF RENTON CEP 2 7 20G:� To the Honorable Mayor and Date xa,!w6t ���?DO� RECEIVED - Members of the City Council , ' CITY CLERK'S OFFICE City of Renton Circulated By: lfd1 1055 S. Grady Way Renton, WA 98055 Address: ,yyo Dear Mayor and Council Members: Telephone: -5- We, the undersigned property owners abutting a certain portion of public easement, as acquired from V,—o1Y -5 dated FzW, �� /G7D , and recorded under King County Recording Number 6 6 ,� py yam. , respectfully request the release of said easement. That portion of the easement area to be released being more particularly described on the attached "Exhibit A". The undersigned each consent to such proposed easement release and warrants that the granting thereof will not adversely affect his vested rights as an abutting owner. F f signature A 5+exAA0wt)L%w ?j4t ,gj eq print name phone 3101 W� Ws e14i q0 S address property identification number signature print name address property identification number phone Instructions: 1. Attach complete legal description (i.e. metes and bounds, etc.) 2. a) Sign name. (Signatures of owners of 2/3 of lineal frontage must sign. Spouses do not need to sign. Owners in common must sign. Contract sellers must sign.) b) Print name and phone number. c) List Property address and King County tax parcel identification number. 3. Attach a map to the petition designating the vacation boundaries. 4. Submit $100.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. If and when the City Council approves the vacation at a public hearing, payment of a post - hearing processing fee of $100.00 will be required. H:\forms\esm rei.DOTI/99 sign ture signature _ �Q,Al, print name 415 ?M -7 73$ phone print name phone '36 .9--7 f j6u s /av,(Z- /V address �i�/� !nl�. ��'rT�, address : ,3 4-- 27c) .-- 0 9 7/ ---07 property identification number property identification number signature signature print name phone print name phone address address property identification number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ property identification number _ _ _ _ _ _ _ signature signature print name phone print name phone address address property identification number _ _ _ _ _ _ _ _ _ _ _ _ _property identification number _ _ _ _ _ _ IlAforms\esm reLDOTI/99 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT TO BE VACATED The east 10 feet of the west 160 feet of Tract 79, C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2, as recorded in Volume 11 of Plats, page 64, Records of King County Washington. NW 1/4 Secti n 32, Township 24 N, Range 5 East, M. N.T.S c�// N 37TH ST w w w RE-05-001 Partial Release of Easement N 36TH ST King C unty jRecoing umber 6 60972 �— ® Portion of Easement to be Released Portion of Easement to be Retained Proposed Plat of Victoria Pointe - - - - - - - - - - - - vilcm-- - - - - - - - - - - - - N. - - - - - - - - - - - - - T. - -- -- ------- -- - - --- --------- - - - - - - - - - - - - - - - - - - - - - - - - - AKE - - - - - - - - - WASWNGTON- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RE-0-5-001 — — — — -Paffmf]-?,-eTe-a§-e--o-f asp t wing Cunty-Record ngN ber 666097 N 37TH ST N N 30TH ST N 40TH ST z VOL •. 8? PAGE 661 L.R. Jones #913 fif�ritl;�1%,`2 c/o Citizens federal Renton, Washington 98055 EASEMENT THIS INSTRUMENT, made this//day of � � �� �ceavL 19&2L9 ; C. by and between and -and an d and hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". 14ITNESSETH: That said Grantor(s), for and in consideration of the sum of $ paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: The East 300 feet less the South 90 feet of East 140 feet of Tract 79, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2, as recorded in Volume llof Plats, Page 64, Records of King County, Washington. This easement consists of the North 15 feet of said East 300 feet and the East 10 feet of the West 160 feet of the above described property. Together with a temporary construction easement described as: The East 140 feet and the North 30 feet of said East 300 feet and the East 30 feet of the West 160 feet of the above described property. Said temporary construction easement shall remain in force during construction and until such time as the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee but not later than Easement No. 263-2 L 3__ 'AGE u ; U U ? tZl O Said heretofore mentioned grantee, its successors or assigns, shall have the right, wi shout prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of constructing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maint- aining,repai ring, altering or reconstruction of sucl) utility shall be accomplished in such a manner that the private improvements existing in the right(;) -of -way shall not be distributed or damaged, or in -the event they are disturbed or dam- aged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the afore described premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the grantor shall not erect buildings or structures over, under or across the right- of-way during the existence of such utility. This easement, shall'be a covenant running with the land and shall be binding on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners f the above properties and that they have a good and law- ful ri qw to ececu, t i s ag, eement. STATE OF WASHINGTON COUNTY OF KING ./_ and and and and SS I, the undersigns a notary public in and for the State of Washington, hereby certify that on this/day of 19 before m personally appeared and and and and ---------- me Known to be - in and who executed the foregoin n�trumentoand acknowledged that described signed and sealed the same as free and voluntary act and deed fo the uses and purposes therein mentioned. a No ary Public in L e Sta ,+ v �. � - and for of W4p . Washington, residing at r- as ! ar Filed for Recor2192o `� J u .-AI Request of CITY CLERK 382 reapoi wr- 197n'RBI 12 27, N W Ow ot: 0 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community Services Staff Contact...... Peter Renner Ext. 6605 Subject: Lease of Edlund Farm House to Renton Housing Authority Exhibits: Issue Paper Draft Lease Agreement AI #: For Agenda of: 11/7/05 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept ..... x.... Finance Dept.. x... Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Negligible Total Project Budget City Share Total Project.. SUMMARY OF ACTION: ►91 A public housing agency, Renton Housing Authority (RHA), has proposed to lease a City -owned house on the Edlund Property at 17611 103`d Ave. SE, Renton, WA 98055 for $1 per year. The original term of the lease would be for five years. Business terms include the opportunity to extend the lease in one-year increments at the end of the original five-year term; retention of termination rights with 60-day notice by both the City and the tenant; a requirement for RHA to make necessary improvements entirely at their own expense, including the installation of a sewer line to the City's stub; obl igation for RHA to perform all maintenance and repairs entirely at their own expense, as well as to pay for all utilities; RHA assumes any excise tax liability; and the obligation for RHA to acquire and maintain liability insurance that meets City risk management guidelines. City staff has negotiated the business terms of the proposed lease. Legal and Risk Management have reviewed the proposed lease. STAFF RECOMMENDATION: Approve the proposed lease to the Renton Housing Authority and authorize the Mayor and City Clerk to sign the agreement. Rentonnet/agnbill/ bh �Y COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: November 4, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA:' Kathy Keolker-Wheeler, Mayor FROM: k� Dennis Culp, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director (X6605) SUBJECT: Proposed Lease Issue Should the City sign a property lease with Renton Housing Authority (RHA) for a house on the Edlund property? Recommendations Authorize the Mayor and City Clerk to sign the lease with Renton Housing Authority. Background: • In June of 2004 the City purchased the Edlund/Korum Property on Carr Road in unincorporated King County for future development as a park. • There are two houses and a barn on the site. City staff showed the houses to three agencies that expressed an interest in leasing - RHA, Vision House, and Way Back Inn. The house fronting Carr Road was leased to Vision House in November 2004 for $1 per year. Vision House assumed all liability, maintenance, and care for the house. • For the other house (farm house), a lease was created and approved by Council with a tenant caretaker but the septic system failed before the tenant signed the lease, and he decided to move elsewhere. • City staff researched sewage disposal options for the farm house. Because of the proximity of wetlands and a Class 2 Stream, and because of site grades, it was not possible to repair or replace the septic system. A number of routes for a connection to Soos Creek Sewer and Water District sewer were researched and priced. • In the meanwhile, RHA expressed an interest in leasing the farm house for a family with 10 children that was being displaced from other housing. RHA submitted a proposal, copy attached. RHA recognized that the farm house would require significant improvements in order to be habitable. They earmarked $15,000 for a sewer connection and "sundry" materials for the house. h:\dennis-sandy\infopaperrhalease.doc Information Memo: RHA Proposed Lease Page 2 of 2 November 4, 2005 • The City earlier received an easement from Steve Jensen Homes, developer of the adjacent The Pointe at Sunnybrook Subdivision, and completed the sewer connection to the Edlund property boundary. • City staff worked with King County DDES to obtain a permit to extend the sewer connection from the Edlund boundary to the Farm House for a total distance of roughly 278 feet. RHA has agreed to fund this section of the sewer. • The proposed lease contains the following business points: o Annual rent is $1 for a five-year lease. The lease is automatically renewable in one-year extensions. o Termination is allowed by either party with a 60-day notice. o RHA is responsible for all construction -related costs to make the house safe and suitable for their use. o RHA will reimburse the City for the cost of the King County Short Form permit. o RHA is responsible for all repairs, maintenance, and utilities. o RHA shall provide $1,000,000 liability insurance and shall name the City as an additional insured, and shall hold the City harmless. o The lease was reviewed by the City Attorney and the City's Human Resource and Risk Management Administrator. Conclusion: The Farm House has little potential use to the City as a park structure. However, it can be made habitable for use by RHA for a special -needs family. The associated sewer installation and house repairs committed to by RHA are also an advantage for future property uses by the City. Attachments C: Jay Covington, Chief Administrative Officer Mike Bailey, Finance/IS Administrator h:\dennis-sandy\infopaperrhalease.doc LEASE AGREEMENT THIS LEASE is made and entered into this day of , 2005, between THE CITY OF RENTON, a Washington municipal corporation (the "City"), and the RENTON HOUSING AUTHORITY, a Washington municipal corporation ("RHA"). Recitals WHEREAS, the City owns certain real property located at , Renton, Washington, which real property is legally described in Exhibit A attached hereto and incorporated by this reference; WHEREAS, RHA is a municipal corporation organized and existing under the laws of the State of Washington for the purpose of providing affordable housing to low income families; and WHEREAS, the City desires to lease to RHA, and RHA desires to lease from the City, that portion of the subject real property depicted in the diagram attached hereto as Exhibit B and incorporated herein by this reference (referred to hereinafter as the "Premises") so RHA may sublease the Premises to persons qualified for affordable housing; NOW, THEREFORE, the parties agree as follows: 1. Description, Term, Rent, Use. 1.1 Lease of Premises. The City hereby leases to RHA and RHA hereby leases from the City the Premises, together with all rights, privileges, appurtenances and easements pertaining or relating thereto subject to the -terms stated in this Lease. It 1.2 Excluded Areas of Access. RHA and its tenants shall not be allowed access to the barn located on the subject real property. The City shall take reasonable efforts to secure the barn from unauthorized entry. 1.3 Use of Premises. RHA shall use the Premises solely for the purpose of providing affordable housing to qualified tenants. RHA agrees that in the use and occupation of the Premises, RHA and its tenants will comply with all laws, ordinances, orders and regulations of the federal, state, county and municipal authorities. RHA covenants that it will not use or permit to be used any part of the Premises for any dangerous, noxious or offensive business or activity, and will not cause or maintain any nuisance in, at, or on the Premises. 1.4 Necessary Improvements to the Premises. The parties acknowledge that substantial improvements to the Premises will be necessary before RHA will be able to use the Premises for its intended use. RHA shall be responsible, at its sole cost, for performing all construction -related work necessary to make the Premises safe and suitable for its intended use. The work to be performed by RHA includes the installation of a 4-inch gravity sewer connection that has been planned by the City and is estimated to cost approximately Ten Thousand Six Hundred and No/ 100 Dollars ($10,600.00), excluding tax. The City has already obtained a permit from King County that is necessary to perform -I- this work. However, RHA shall be responsible for acquiring any other permits and/or final approval from King County before proceeding with this work. To the extent RHA is able to use the permit obtained by the City for this work, RHA shall reimburse the City for the cost of the permit, which is Four Hundred Ninety-five and No/100 Dollars ($495.00). The parties also acknowledge that RHA will need to replace, at its sole cost, the furnace providing heat to the Premises. The City agrees to provide, at its own expense, a sewer stub onto the real property into which the subject Premises will be connected. RHA has inspected the Premises and accepts the same in its present condition as being suitable for the intended use contemplated in this Lease. 1.5 Term. The initial term of this Lease shall commence on the date of this Lease ("Commencement Date") and, unless sooner terminated or canceled as provided herein, shall expire five (5) years after the Commencement Date. After the initial 5-year term of this Lease, the Lease shall be automatically renewed for successive one (1) year periods, unless written notice of termination is given by the City or RHA at least sixty (60) days prior to the end of the initial 5-year term of this Lease or any extended term. 1.6 Rent. The annual rent to be paid by RHA during the initial 5-year term of this Lease shall be $1.00 per year, plus any applicable leasehold taxes. The rent shall be payable annually on or before the anniversary of the Commencement Date. The parties acknowledge that the rental amount agreed to for the initial 5-year term of the Lease reflects the substantial costs that RHA will incur in order to be able to use the Premises for its intended purpose. Annual rent for any extended 1-year terms shall be negotiated and agreed to by the parties at least thirty (30) days before the expiration of the initial 5-year term or any subsequent 1-year terms. The parties agree that they shall negotiate in good faith the rental rate to be paid by RHA for any subsequent 1-year terms of this Lease. 2. Utilities. RHA shall pay when due all charges for electricity, gas, sewage disposal, water, telephone and other utility services used on the Premises and shall indemnify and hold the City harmless against any liability on any such account. The maintenance, operation and repair of any utility system on the Premises, including the connections to the utility distribution systems, shall be the responsibility of RHA and shall be paid for by RHA. 3. Insurance, Risk, Indemnification. 3.1 Insurance. The City shall, at the City's sole cost and expense, keep the Premises, including any structures and fixtures therein, insured in an amount not less than one hundred percent (100%) of the full insurable replacement value thereof, against loss or damage by fire (including extended coverage), glass breakage, windstorm and water damage. The term "full insurable value" shall mean actual replacement value. -2- 3.2 Liability Insurance. RHA, at the RHA's sole cost and expense, shall maintain general public liability insurance against claims for personal injury, death or property damage occurring upon, in, or about the Premises, such insurance to afford protection to the limits of not less than One Million Dollars ($1,000,000.00) per occurrence with an aggregate coverage of not less than One Mi Ilion Dollars ($1,000,000.00) per year. The City shall be named as an additional insured for any damages, claims, causes of action or other actions caused by RHA's, or its tenants', use of the Premises. 3.3 Waiver of Subrogation. The City and RHA hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against, but only to the extent insured against under, and in the amount actually received from, their respective insurance policies, including any extended coverage and endorsements thereto; provided, however, that this paragraph shall not be applicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of the City or RHA. Both parties agree to exercise their best efforts to obtain a subrogation waiver from their respective insurance carriers and both parties agree to give notice to their respective insurance carriers that the foregoing mutual waiver of subrogation is in this Lease. 3.4 Risk of Loss. All property on the Premises shall be there at the sole risk of RHA. The City shall not be liable for any damage to persons or to property of RHA or of others located on the Premises. The City shall not be liable for any damage caused by tenants or persons in the Premises. RHA shall use and enjoy the Premises at its own risk, and hereby releases the City, and agrees to hold it harmless, from any and all claims arising out of or resulting in damage or loss of property, loss of life, and personal or bodily injury, including subrogation claims by RHA's insurance carrier, unless such damage, loss or injury shall be caused by the willful act or negligence of the City. 3.5 Waiver/Indemnity. Except as expressly herein provided, the City shall not be liable, and RHA waives all claims for damages to persons or property sustained by RHA or RHA's employees, agents and tenants resulting from the Premises or by reason of the Premises, or any persons present on the Premises for any purpose, or resulting directly or indirectly from any act or neglect of any tenant or other person, except the City, its officers, agents or employees. RHA shall indemnify and save the City harmless from any and all claims, damages and expenses, including reasonable attorney's fees for the defense thereof, arising from or incident to the activities conduct by RHA or RHA's tenants, or from any breach or default of RHA in the performance of any of its obligations hereunder, or from any act of negligence of RHA, its agents, contractors, employees, tenants, or licensees, in or about the Premises. If any such claim or action within this paragraph is brought against the City, RHA shall defend it by counsel reasonably satisfactory to the City. 358187\0002\327308.01 - ? - 4. Repairs and Maintenance. RHA covenants, at RHA's sole cost and expense, to take good care of the Premises and all other improvements thereto or thereon and to keep the same in good order and condition, and to make promptly all normal repairs necessary, interior and exterior, and equal in quality and class to the original work, ordinary wear and tear excepted. RHA shall keep the Premises in a clean and orderly condition. The City covenants, at the City's sole cost and expense, to perform all major maintenance and repairs, including maintenance and repairs of the building mechanical systems, foundations, structural components, that are not the result of abuse, waste or neglect of RHA or its tenants. S. Changes and Alterations by RHA. RHA shall have the right to make such improvements, changes or alterations, structural or otherwise, to the Premises or any portion thereof as RHA may determine necessary or desirable for the uses permitted under Section 1.3 hereof, provided that RHA shall first have obtained the City's written consent thereto and subject to the City's approval of the plans and specifications therefor, which consent and approval shall not be unreasonably withheld. 6. Subletting and Assignment. 6.1 Subletting. RHA may sublease the Premises to any persons qualifying for affordable housing in accordance with RHA's standard procedures. 6.2 Assignment. RHA may not assign this Lease without the prior written consent of the City. 7. Quiet Enjoyment. On payment of the rent and performing its obligations hereunder, RHA may quietly enjoy, have and hold the Premises during the Lease term and any extension or renewal thereof. 8. Surrender of Possession. On termination of this Lease for any reason, RHA shall, on the City's demand, surrender to the City the entire Premises, in good order, condition and repair except for reasonable wear and tear. On termination of the Lease for any reason, RHA shall remove all personal property from the Premises. 9. Default. 9.1 Default. If RHA (1) fails to pay any rent due hereunder within thirty days after the same shall be due and such delinquency shall continue for a period of seven days following written notice thereof to RHA by the City, (2) leases any portion of the Premises to a person who does not qualify for affordable housing, (3) fails to perform any other material term, condition or covenant of this Lease to be observed or performed by RHA, for more than thirty days after written notice of such default shall have been given by the City to RHA, (4) abandons the Premises, or (5) suffers this Lease to be taken under any writ of execution, then the City, besides other rights or remedies it may have, shall have the immediate right of re-entry to the Premises. 358187\0002\ 327308.01 -4- 9.2 Remedies. Should the City elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or any notice provided for by law, the City may terminate this Lease and pursue all other remedies available at law or in equity or under this Lease, to enforce or to remedy the breach of RHA, including but not limited to the right to recover damages and/or to require specific performance of RHA's obligations hereunder. 9.3 Default by City. If the City fails to perform any material term, condition or covenant of this Lease on its part to be performed for more than thirty days after written notice of such default given by RHA to the City, then RHA shall have the right to terminate this Lease upon written notice of such intention given to the City and, in addition or in the alternative, shall have all rights and remedies available at law or in equity or under this Lease, to enforce or to remedy the said breach of the City, including but not limited to the right to recover damages and/or to require specific performance of the City's obligations hereunder. 9.4 Other Rights. Nothing herein contained shall be construed to alter, affect or eliminate any other right or remedy of the City or RHA, at law or in equity or elsewhere provided for in this Lease. 10. Termination. 10.1 Voluntary by RHA. 10.1.1 RHA may terminate this Lease, at any time after the initial 5-year term, by giving the City a written notice of termination at least sixty (60) days in advance of the termination date. 10.2 Voluntary by City. 10.2.1 The City may terminate this Lease at anytime during the initial 5-year term or any subsequent 1-year terms by giving RHA a written notice of termination at least sixty (60) days in advance of the termination date. In light of the significant costs to be incurred by RHA to repair and refurbish the Premises for their intended use, the City agrees not to terminate the Lease during the first year of the initial 5-year term of the Lease. 10.2.2 The City may terminate this Lease at anytime during the initial 5-year term or any subsequent 1-year terms if any major maintenance and repair projects become necessary and the cost of such work exceeds Two Thousand and No/100 Dollars ($2,000) for any single incident or project. - 11. Right of Inspection. The City shall have the right to inspect the Premises at all reasonable times in accordance with the standard terms of RHA's lease agreements with its tenants and as otherwise provided by federal and state law, including the Residential Landlord Tenant Act, Chapter 59.18 RCW. 12. Notices. All notices, approvals, or other communications provided for or required under the terms of this Lease to be given by either party to the other shall be in writing and given or served 358187\0002\327308.01 - 5 - personally at, or by United States Mail, postage prepaid and return receipt requested, addressed to the following: To the City: The City of Renton Attn. 1055 South Grady Way Renton, WA 98055 To RHA: Renton Housing Authority Attn. Mark Gropper P.O. Box 2316 Renton, WA 98056-0316 or to such other addresses as either party may request in writing. Notice given by mail shall be deemed given upon placing the same in the mail as herein above provided. Notice given in any other manner than permitted in this Section shall be ineffectual and of no force or effect. 13. General Provisions. 13.1 Interpretation. This Lease shall be interpreted and governed in accordance with the laws of the State of Washington. If any term provision or condition of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, provision or condition of this Lease shall be valid and enforced to the fullest extent permitted by law. The failure of the City to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any of the options herein conferred shall not be construed as a waiver or relinquishment of any such covenant, agreement or option herein, but the same shall be and remain in full force and effect. 13.2 Venue. Venue for any dispute arising from this Lease shall be King County Superior Court. 13.3 Binding Effect. The terms, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the City and RHA and their respective successors in interest, grantees, devisees, heirs and/or assigns. 13.4 Further Assurances. The parties shall, during the term of this Lease or any extensions or renewals thereof, and without further consideration execute, acknowledge and deliver to the other party such other documents and instruments, and take such other actions, as may be reasonably requested or as may be necessary to effectuate the terms of this Lease. 13.5 Relationship. Nothing contained in this Lease shall be deemed or construed to create the relationship of principal and agent, or partnership, joint venture or any other association between the City and RHA, and no provisions in this Lease and no acts of the parties hereto shall be 358187\0002\327308.01 - 6 - deemed to create any relationship between the parties hereto other than the relationship of the landlord and tenant. 13.6 Counterparts. This Lease may be executed in more than one identical counterpart, each of which shall be deemed an original. 13.7 Entire Undertaking. This Lease contains the entire understanding of the City and RHA, and the City and RHA acknowledge that there is no other written or oral promise between the City and RHA with respect to the Premises, and that no representations except those contained in this Lease have been made. 13.8 Recordation. This Lease may be recorded in the real estate records of King County, Washington. DATED AND EFFECTIVE as of the day and year first written above. THE CITY OF RENTON LI-A Its: Date: RENTON HOUSING AUTHORITY S Its: Date: 358187\0002\327308.01 - 7 - STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the City of Renton, Washington to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. IM r D (Print Name) Notary Public in and for the State of Washington Commission Expires: STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the Renton Housing Authority, King County, Washington to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington Commission Expires: 358187\0002\327 M8.01 - 3 - The Talon Group a Division of Rat American Me it mice CD. Commitment No.: 384014 Exhibit "A" Real property in the County of IGng, State of Washington, described as follows: Parcel A: The North Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 32, Township 23 North, Range 5 east, W.M., in Mg. County, Washington. Together with -that portion of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 32, lying Westerly of the Westerly Right of Way margin of 103rd Place Southeast. Together with the North 187 feet of the South Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32, lying Easterly of a line parallel with and distant 426.00 feet Easterly at right angles from the West line of the Northwest Quarter of the Northwest Quarter of said Section 32. Parcel 8: That portion of the Northwest Quarter of the Northwest Quarter of Section 32, Township 23 North, Range 5 East, W.M., in IGng County, Washington, described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of said section 32; thence South 00°22'52' West 333.17 feet to the South line of the North Half of the Wor"Vast Quarter of the Nathwest Quarter of the Northwest Quarter of said Section 32, and the true point of beginning; thence North 86°19'24" East 277.00 feet along said South Gne to the Westerly margin of the JsG. Carr Road; thence South 0202VSV West along the Westerly margin of said road a distance of 404.91 feet to a point of curve; thence along said curve to the right 278.71 feet; thence North 88'19'28" East 74.96 feet to the West Gne of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32; thencee North 00°22'S2' East 556.74 feet to the true point of beginning. Except that portion conveyed to t{irtg County for road by deed recorded under recording no. 5799285. Tax Parcel Number. 322305-907204 and 322305-915603 Fam No. 1068-2 Page 3 or 10 ALTA Plain language C,ownKment ta� kz Oni 41 r '74 I zt 4 V �1' A N-1 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building /Public Works Dept/Div/Board.. Development Services Division Staff Contact...... Juliana Fries x:7278 Subject: ELMHURST FINAL PLAT File No. LUA 05-090 9.6 acres located at the west side of Bremerton Ave NE and north of NE 2°d Street. Exhibits: 1. Resolution and legal description 2. Staff report and recommendation Recommended Action: Council concur Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Project Budget N/A SUMMARY OF ACTION: Al k: , e-,, For Agenda of: November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. X Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Transfer/Amendment...... . Revenue Generated......... City Share Total Project.. X K1 The referenced final plat is submitted for Council action. Elmhurst divides 9.6 acres into 64 single-family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat will be met prior to recording of the plat. STAFF RECOMMENDATION: 1. Approve Elmhurst Final Plat, LUA 05-090, FP, with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ELMHURST; FILE NO. LUA-05-0"FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASBINGTON, DOES ORDAIN AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The final plat approved by the Planning(Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fatly set forth 1 RESOLUTION NO. (The property, consisting of approximately 9.6 acres, is located in the vicinity of Bremerton Avenue NE, north of NE 2 Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated October 18, 2005. PASSED BY THE CITY COUNCIL this day of 72005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. I 141:10/19/0 5 : ma �Ti Exhibit A Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH i¢ OF THE SOUTHEAST Y4 OF THE NORTHWEST 3; OF THE NORTHWEST 34 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST. N.M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THE SOUTH h OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF THE NORTHWEST Y4 OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.: EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099: (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6. MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY): SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF THE NORTHWEST Y4 OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099. (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Ora cn �4 n O a �O �• CD P'r < /* (D W CD o w rn � o � 0 co o o� o W UNION AV NE z m m z m H Ln M -I CJ7 m BREMERTON AV NE 138TH AVE SE L DUVALL AV NE m w � 7-1 HOOUTAM AV NE --- - 144TH AVE SE N. fi s DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: David Hanlinen Elmhurst Final Plat. File: LUA 05-090FP 201 Bremerton Ave NE Section 15, Twp. 23 N., Rng 5 E. Final Plat for 64 single-family residential lots with water, sanitary sewer, storm, street and street lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, David Halinen, filed a request for approval of Elmhurst, a 64-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non -Significance -Mitigated on February 8, 2005 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 201 Bremerton Ave NE. The new plat is located in Section 15, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of 3 parcels totaling 9.6 acres. 7. The Preliminary Plat (LUA-04-162) was approved by the City of Renton Council on April 25, 2005. 8. The site is zoned Residential 10 DU/AC (R-10). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the 1 RC: 1. A Geotechnical Engineer shall determine the suitability of the existing on -site fill prior to its use on -site. The satisfaction of this requirement shall be reviewed and approved by Development Services during construction. The Geotechnical Engineer has been submitting field reports with soils conditions and its suitability for use. In addition the Geotechnical Engineer will certify all fill used prior to recording of the plat. 2. At the time of building permits, additional geotechnical studies addressing the suitability of site soils for use as structural fill shall be prepared and submitted. The satisfaction of this requirements shall be reviewed and approved by Development Services. At the time of building permits, additional geotechnical studies addressing the suitability of site soils will be submitted. 3. The applicant shall comply with the "Geotechnical Engineering Study " prepared by Earth Consultants, Inc., dated August 30, 2004, regarding "Site Preparation and General Earthwork" and "Utility Support and Backfill ". The satisfaction of this requirement shall be reviewed and approved by Development Services during construction, utility work and building construction. The Geotechnical Engineer has been submitting field reports with soils conditions and its suitability for use. In addition, the Geotech engineer will certify compaction and fill materials prior to recording the plat. 4. 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 Manual. The project design and construction comply with the DOE requirements for Erosion and Sediment Control. S. All contractors are to be made aware of the potential presence of environmental contaminants and instructed to notify the property owner immediately if discolored, odiferous, or otherwise suspect soil is encountered during excavation activities. The applicant has made all the project contractor's aware of the potential presence of environmental contaminants and instructed them to notify the property owners immediately if discolored, odiferous or otherwise suspect soil is encountered during excavation activities. 6. If suspected soil is encountered during excavation activities, work in these areas is to be stopped until such time as a qualified environmental professional can assess the observed conditions and recommend corrective measures. The applicant has made all the projects contractor's aware that, if suspected soil is encountered during excavation activities, work in those areas is to be stopped until such time as a qualified environmental professional can assess the observed conditions and recommend corrective measures. 7. If the presence of environmental contaminants is confirmed within the suspected soils at concentrations exceeding applicable MTCA cleanup levels, then (a) those soils are to be handled and managed in accordance with MTCA and (b) the work will be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance with MTCA. The applicant has made all the projects contractor's aware that, if the presence of environmental contaminants is confirmed within suspected soils at concentration exceeding MTCA cleanup levels, then (a) those soils are to be handled and managed in accordance with MTCA and (b) the work will be managed and overseen by a qualified environmental professional and properly documented and reported to the Department of Ecology (DOE) in accordance with MTCA. 8. This project shall be subject to the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 — for detention and basic water quality. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. The fee shall be paid prior to the recording of the final plat. The Fire Mitigation Fee will be paid prior to recording of the plat. 10. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit will be given for the existing three residences. The fee shall be paid prior to recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 11. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot. Credit will be given for the existing three residences. The fee shall be paid prior to the recording of the final plat. The Parks Mitigation Fee will be paid prior to recording of the plat. 12. Evergreen and deciduous trees (i.e. Douglas fir, western hemlock, and big leaf maple) shall be planted on 15 foot centers within the 25 foot wide buffer along the east side of the stream. Two -gallon size tree stock shall be used. Planting should occur in the fall to allow plants to develop roots over the winter. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. Landscape plans for the planting along the buffer area have been submitted, reviewed and approved by Planning. The planting will be completed prior to recording of the final plat. 13. 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 stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the development Services Division and completed prior to the issuance of construction/utility permits. The applicant has had the site work contractor install silt fencing with brightly colored construction flags to indicate the boundaries of the stream buffer. 14. 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 along the entire edge of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to recording of the final plat.. Landscape plans including the fencing installation were submitted, reviewed and approved by Planning. The fence and signage along the edge of the stream/creek buffer will be installed prior to recording of the plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: The applicant shall comply with the conditions imposed by the ERC. The applicant complied with the ERC conditions, as outlined above. 2. The applicant shall have to demonstrate that the on -site fill materials are suitable for foundation support. The Geotechnical Engineer has been submitting field reports with soils conditions and its suitability for use. Additional certification will be submitted at time of building construction permits. 3. 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 buildings were demolished and removed from the site. 4. All lots within the plat shall be required to have a minimum of one new approved tree, with a minimum caliper of 1-1/2 inches (deciduous) or 6-8 feet in height (conifer), and shrubs (or equivalent) planted within the front yard. The applicant shall be required to set forth a restriction on the final plat stating this requirement. Each application for a single family building permit shall include a plan noting the location and type of plant materials within the front yard. All front yard landscaping shall be planted prior to final building permit inspection. The satisfaction of this condition is subject to the review and approval of the development Services Division Project Manager. A note on the face of the plat makes reference to the tree requirement within the front yard. At the time of building permit, the Building department will ensure the trees are planted and the condition has been met. 5. The right-of-way for Bremerton Ave NE along parcel #518210-0042 (327 Bremerton Ave NE) shall be dedicated prior to the recording of the Elmhurst Final Plat. The satisfaction of this requirement is subject to the review and approval of the development Services Project Manager prior to recording of the final plat. A modification of this condition was granted on June 7, 2005 to allow the dedication of right-of-way by the time the parcel to the north develops (currently under construction). The applicant has installed pavement in the existing right- of-way to meet emergency access requirements and domestic access needs. 6. 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 Homeowners Association was filed with the State of Washington Secretary of State's Corporation Division on July 15, 2005. The Declaration of Covenants, Conditions and Restrictions was reviewed and approved by Development Services and the City Attorney, and includes the maintenance responsibilities. 7. Tract A shall be fenced, landscaped, and irrigated (unless drought tolerant plants are used). The property lines of Tract A fronting Road A, lot 22 and 23 shall include a landscaped visual barrier so as to not interfere with sight distance triangles including plant materials which would provide a year-round dense screen within three (3) years from the time of planting. Also, the property lines along Lots 22 and 23 shall be fenced with a six-foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road A shall be fenced with either a wrought iron, or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifying construction and plant materials for the review and approval of the development Services Project Manager prior to installation. Fences and landscaping shall be installed prior to recording of the final plat. A landscaping plan embodying all of the design requirements has been submitted for review and approval. All of the required Tract A fencing and landscaping shall be installed prior to recording of the final plat. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 181h DAY OF OCTOBER, 2005 JfiLIANA FRI VELOPME SERVICES DIVISION cc: Kayren Kittrick LUA-05-090-FP Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 3¢ OF THE SOUTHEAST Y4 OF THE NORTHWEST 'Y4 OF THE NORTHWEST Y, OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.: EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF): SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THE SOUTH j¢ OF THE SOUTHEAST Y OF THE NORTHWEST Y OF THE NORTHWEST Y4 OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE: TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF THE NORTHWEST 4 OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE; AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ELMHURST Vicinity Map w z NE 6TH ST w z > a NE 5TH ST > Q z J J � p Q > O _ NE 4TH S 0 w z > w cn w a w w z SITE o Q Q > a If w _ _ z 2: w CC) m O 11 H z m SE 136TH ST O Centre 33701 9th Avenue South Federal Way, WA. 98003 NOT TO e _ (253) 661-1901 o Pointe SCALE `s s �y o Surveying ELMHURST Plat Map 14 13 12 11 10 9 8 7 6 1 i 5 4 3 2 1 1 ' --- ---- --- -- --- - k�� �:,�.,. ,� N. E. 2ND CT_ 15 _ i -- 41--- r-- 42 16 1 zV _,. 156 57 58 59 60 I I 1 40 43 i I 17 i I 1 I I 18 i i 55 61 I I 39 44 I 19 I i 54 62 I I 38 i 45 1 \ 20 ; \ 53 63 i I 37 46 1 it 21 \ a I \\ ro \\\ 52 64 tj _ 36 47 ki % \\ \\\ /y 35 48 j 51 i, 22 �I 50 49 / t i 34 33 32 31 30 \� N. A TRACT _ E. 2ND LN. .p \ 9 \ ftx mtw c tm lw i ».tw awatr POW o. — 23 24 25 26 27 28 29 \ \ 48 6 \f'A r :�R;... D,'.OR'F; 754 : ,-. ^ TRACT i M a Centre 33701 9th Avenue South Federal Way, WA. 98003 N (253) 661-1901 NOT TO _ P Pointe SCALE p Surveying CITY OF RENTON COUNCIL AGENDA BILL Al X: Submitting Data: Planning/Building/Public Works For Agenda of: November 07, 2005 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson - x-7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Short Plat Report and Decision 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: The area to be dedicated is approx. 5,027 sq. ft. to be used for public right-of-way and emergency access. The additional right-of-way will include a cul-de-sac with a minimum paved radius of 45' along the northern boundary of the short plat as part of the NE 18' Circle street extension from Duvall Ave NE. The dedication is a City of Renton code requirement of the Baxter Meadow Short Plat, LUA03-088, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to execute the Deed of Dedication. C:\Documents and Settings\mpetersen\Local Settings\Temp\Baxter Meadow SHPL 06m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION FOR ROAD Property Tax Parcel Number: 516970 0139 Project File #: LUA-03-088-SHPL Street Intersection: NE 18T' CIRCLEJDUVALL AV NE Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. JOHN MASTANDRE.A 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A CUL-DE-SAC BULB RIGHT-OF-WAY WITH A 45 FOOT RADIUS AT THE WESTERLY TERMINUS OF NE 18"' CIRCLE OVER A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, 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 Ti- INDIF7DUAL Notary Seal must be within box BONNIE M. BABCOCK NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 22, 2009 Grantee(s): City of Renton Mayor City Clerk STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know/ or have satisfactory evidence that Q vt Ma Sfet vl�iv 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 Notary (Print)_ My appointment Dated: 10/1L, for the State -of S deed Page 1 RIGHT-OF-WAY DEDICATION DEED BAXTER MEADOW SHORT PLAT LUA-03-088-SHPL CITY OF RENTON THAT PORTION OF THE EAST 140 FEET OF THE WEST 350 FEET OF THE NORTH HALF OF LOT 13 IN THE PLAT OF JOSEPH P. MARSHALL TRACTS AS RECORDED IN VOLUME 38 OF PLATS ON PAGE 30, RECORDS OF KING COUNTY, WASHINGTON, LESS THE NORTH 30 FEET THEREOF DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF ABOVE DESCRIBED PARCEL; THENCE SOUTH 870 43' 14" EAST ALONG THE EXISTING SOUTH RIGHT-OF- WAY MARGIN OF NE 18TH CIRCLE 140.03 FEET; THENCE SOUTH 01 ° 1 V 38" WEST 6.00 FEET; THENCE NORTH 870 43' 14" WEST 26.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET; THECE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 33.87 FEET, THROUGH A CENTRAL ANGLE OF 770 37' 35" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 45.00 FEET, THE CENTER OF WHICH BEARS NORTH 750 20' 49" WEST; THENCE ALONG SAID REVERSE CURVE AN ARC LENGTH OF 130.80 FEET THROUGH A CENTRAL ANGLE OF 1660 32' 27" TO THE WEST LINE OF ABOVE DESCRIBED PARCEL; THENCE NORTH 010 11' 38" EAST 16.86 FEET TO THE POINT OF BEGINNING. ALL BEING SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. a0-----_----r.._ILI Z N 02'16*48- 45 31.00. , DEDICATED TO THE CITY OF RENTON REC. NO. WEST LINE OF THE EAST 14 ' OF THE WEST 35V OF LOT` 13 io �!-11' mi l IST1�E� OVAL 1-332 LA1� 11/.30/06 A-77.37'35" R-25.00 + L-33.87 ( S87•,µ•23"E (PL147� 725.31' (PLAT) .�...—_—,._ ..b_.----►-----..---fit_ ._.,......,�..... N.E. 18TH CIRCLE - r 6' DEDICATION — NBr43'14 W P o R4iS' ' • 1 �urvu M J / ice-• a"4 002Tw i 26*29'—� I3 R-45.0000" 2 L-20.01 = a 1 I 7.162 sq tL r 6,263 sq.it -------� --- 2iC TO BE REMOVED — J 80.01 ® 60.01' 0 10 20 40 7. E SCALE 1" = 40' Balma & Holmberg Inc. ENGINEERS & SURVEYO.RS 100 FRONT STREET SOUTH ISSAgUAH. WASHINGTON 98027 (425) 392 - 0250 RIGHT-OF-WAY DEDICATION DEED BAXTER MEADOW SHORT PLAT LUA-03-088-SHPL COUNTY RECORDING NO. VOL/PAGE ►RTMENT OF ASSESSMENTS ed and approved this day of 20 or Assessor ,t Nmbw 516970-0139 BAXTER MEADOW SHORT PLAT S. E 779 SITE W 2 I VICINITY MAP N.T.S. "p, LEGAL DESCRIPTION: TAX PARCEL 516970-0139 THE EAST 140 FEET OF THE WEST 350 FEET OF THE NORTH HALF OF LOT 13 IN THE PLAT OF JOSEPH P. MARSHALL TRACTS AS RECORDED IN VOLUME 38 OF PLATS ON PAGE 30, RECORDS OF KING COUNTY, WASHINGTON, LESS THE NORTH 30 FEET THEREOF. REPORT City of Renton Department of Planning / Building / Public Works 8c DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST; REPORT DATE: December 19, 2003 Project Name Baxter Meadows Short Plat Owner/Applicant John Mastandrea 2411 S. 248th Street Unit D-6 Kent, WA 98032 Contact Shupe Holmberg Baima & Holmberg, Inc. 100 Front Street South Issaquah, WA 98027 File Number LUA-03-088, SHPL-A Project Manager Kristina Catlin Project Description The applicant has requested Administrative Short Plat Review for the subdivision of an approximately 18,472 square foot (0.42-acre) site located in the Residential — 8 Dwelling Unit Per Acre (R-8) zone into two lots intended for the future construction of single-family residences. The site is currently vacant. Access to the proposed short plat is provided via a 30-foot wide public right-of-way from Duvall Avenue NE. Project Location Parcel west of 1809 Duvall Avenue NE; Parcel # 516970-0139 Project Location Map repM doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 2 of 9 B. GENERAL INFORMATION: 1. Owner of Record: John Mastandrea 2411 S. 248t' Street Unit D-6 Kent, WA 98032 2. Zoning Designation: Residential — 8 Dwelling Units per Acre (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: The site is currently vacant. 5. Neighborhood Characteristics: North: Single -Family Residential (R-8 zone) East: Single -Family Residential (R-8 zone) South: Single -Family Residential (King County Jurisdiction) West: Single -Family Residential (R-8 zone) 6. Access: Both lots will have access to Duvall Avenue NE via a 30-foot wide public roadway. 7. Site Area: 18,472 square feet / 0.42 acre C. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 2/20/1995 Zoning N/A 4404 6/7/1993 Annexation N/A 2824 1/28/1974 D. PUBLIC SERVICES: 1. Utilities Water: There is an existing 12-inch water main in Duvall Avenue NE. The site is located in Aquifer Protection Zone 2. Sewer: There is an existing 8-inch sanitary sewer main in Duvall Avenue NE. Surface Water/Storm Water: There are storm drainage facilities in Duvall Avenue NE to the south of the proposed short plat. The site is located in the Honey Creek drainage basin. 2. Fire Protection: City of Renton Fire Department. E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria shpltrpt.doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 3 of 9 F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element — Residential Single Family 2. Housing Element G. DEPARTMENT ANALYSIS: 1. Proiect Description/Background The subject property is located just west of 1809 Duvall Avenue NE. The applicant has proposed to subdivide an 18,472 square foot (0.42 —acre) parcel into two lots. The property is currently vacant. Both lots are intended for future development of detached single-family homes. The lots are proposed at the following sizes: 6,283 square feet (Lot 1) and 7,162 square feet (Lot 2). Both lots would be considered interior lots. The applicant is proposing to serve both lots via a 30-foot wide public roadway connected to Duvall Avenue NE. The subject site slopes down slightly from east to west with a vertical change of approximately 6 feet over the width of the parcel. The subject site is predominately vegetated with grass lawn as well as some mature trees. The applicant is proposing to remove 11 mature trees as part of the short plat. 2. Environmental Review Except when located on lands covered by water or critical areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The RSF designation is intended to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF designation because it allows forthe future construction of two new single-family homes and promotes infill development. The proposal is consistent with the following Comprehensive Plan Land Use and Housing Element policies: Policy LU-35. A minimum lot size of 4,500 square feet should be allowed in single-family residential neighborhoods except when flexible development standards are used for project review. The applicant has proposed two lots; Lot 1 is 6,283 square feet; Lot 2 is 7,162 square feet. Both of the proposed lots exceed the minimum lot size requirements. Policy LU-36. Allow developments at 9.7 dwelling units per acre on infill parcels of one-half acre or less as an incentive to encourage single-family small lot development. The net density of the proposed subdivision is 6.45 dwelling units per acre, which is within the permitted density range. Policy H-4. Encourage infill development as a means to increase capacity. The proposal will create one additional residential lot and result in the construction of two new single-family residences, thereby increasing density within a currently developed residential area. shpltrpt.doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 4 of 9 b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would divide an existing vacant lot into two lots and allow for the future construction of two new single-family dwelling. The R-8 zone allows densities ranging from a minimum of 5.0 to a maximum of 9.7 dwelling units per net acre for lots one-half gross acre or less in size. Net density is calculated by deducting sensitive areas, areas intended for public right-of-way, and private easements serving three or more lots from the gross acreage of the site. The subject property does not contain any sensitive areas or private access easements, but does contain 5,027 square feet proposed for dedication to the City of Renton for use as right-of-way. The net site area of the property is 13,445 square feet (18,472 square feet — 5,027 = 13,445 or 0.31 acre). The division of the existing lot into two lots would result in a net density of 6.45 dwelling units per acre (2 lots/ 0.31 acre = 6.458 du/ac), which is within the allowed density range of the R-8 zone. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet, whichever is greater, for lots over 5,000 square feet in size. Staff will verify that future development on the proposed lots meets lot coverage restrictions at the time of building permit submittal. Setbacks in the R-8 zone for interior lots along streets existing as of March 1, 1995 are as follows: 20-foot front yard, 5-foot side yard, and 20-foot rear yard. While no building construction is proposed at this time, both lots appear to have adequate area to facilitate new single-family residences that meet the required setbacks. In addition, each lot appears to have adequate area to provide two off-street parking spaces as required by the parking regulations. Staff will verify compliance with setbacks and parking requirements for the proposed lots at the time of building permit submittal. c) Compliance with Subdivision Regulations Streets: The existing 30-foot wide right of way will be paved as part of this private development proposal. The street will be named, and may result in existing houses accessing from the right-of- way being assigned new addresses. The Subdivision Regulations require installation of street improvements including curb, gutter, and sidewalk along the site's street frontage (RMC section 4-6-060), unless previously installed or waived or deferred through the City of Renton Board of Public Works. In order for the subject proposal to meet the requirements for half street improvement, the right-of-way for the half street improvement must be a minimum 35 feet with a with 28 feet paved. The applicant is required to install a 6-foot sidewalk with curb and gutter along the street frontage and paving a minimum of 20 feet from the project site to Duvall Avenue NE. In order to accommodate the required improvements, staff recommends as a condition of approval that the applicant be required to dedicate the cul-de-sac bulb and an additional strip along the northeast frontage of the site, as shown in the short plat drawings received November 12, 2003. Due to the length of the street, a cul-de-sac with a minimum paved radius of forty-five feet (45') with a right-of-way radius of fifty-five feet (55') for the turnaround is required. The applicant has requested a street modification to allow a cul-de-sac with 45 feet of paving, but without additional dedicated right-of-way. The parking modification request and response are included in the official land use file. The requested street modification was evaluated and approved by Kayren Kittrick, Development Engineering Supervisor, subject to the following conditions: 1. The pavement to the access from Duvall Avenue NE shall be marked as afire lane until such time as the full width is developed. No parking is allowed on any pavement section 20 feet or less in width. 2. No parking is allowed in the emergency turnaround. Paint and signage will be required. 3. A 10-foot wide easement shall be provided adjacent to and along the full curve of the cul-de- sac for installation of a sidewalk and all additional utilities. The sidewalk and utility easement shall be noted on the face of the short plat. Staff recommends as a condition of short plat approval that the applicant be required to comply with the conditions of parking modification approval prior to recording of the short plat. shpltrpt. doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 5 of 9 The proposed subdivision is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends as a condition of short plat approval that the applicant pay a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project prior to recording of the short plat. Each lot is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $1,435.50 ($75.00 x 9.57 trips x 2 lots = $1,435.50). Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-8 zone is 4,500 square feet. The short plat will create two lots, both of which meet the minimum lot size requirements. Lot 1 is approximately 6,283 square feet; Lot 2 is approximately 7,162 square feet. The proposed lots also comply with the R-8 requirements for minimum lot width (50 feet for interior lots) and minimum lot depth (65 feet). Lot 1 is 80.01 feet wide and approximately 70 feet deep at the shallowest point; Lot 2 is 60.01 feet wide and approximately 88 feet deep at the shallowest point. Both lots appear to have adequate building area for the construction of a single-family residence meeting the setback, lot coverage, and parking requirements of the zone. Compliance with these requirements will be verified at the time of building permit submittal. The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and development standards of the R-8 zone. Both of the proposed lots are rectangular in shape, with the exception of the curved area to be dedicated as right-of-way. d) Reasonableness of Proposed Boundaries Access: Both lots have frontage on a 30-foot public right-of-way connecting to Duvall Avenue NE. The applicant is proposing to improve the right of way with 20 feet of paving from the subject site to Duvall Avenue NE, with half -street improvements along the frontage of the site, unless deferred or waived by the Board of Adjustment. For more information, see discussion of streets under "Compliance with Subdivision Regulations" above. Topography. The subject site slopes down from the east side to the west side at a grade of less than 5 percent. The subject site is predominately vegetated with grass lawn as well as some mature fir and cedar trees. The applicant proposes to remove approximately 11 trees on the property and within the public roadway. The applicant is proposing to remove approximately eight 10- to 12-inch firs, one 44-inch fir, one 30-inch fir, and one 32-inch cedar tree. Relationship to Existing Uses: The properties surrounding the subject parcel to the east, west, and north are zoned Residential — 8 Dwelling Units Per Acre (R-8); the parcels to the south are located in an unincorporated area of King County zoned for single family. The proposal is consistent with the Comprehensive Plan and Zoning Development Standards, which encourage residential infill development. e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and mitigation fees. In order to provide for public safety, staff recommends that the 20-foot wide access road be posted "No Parking" prior to short plat recording. To mitigate the potential impacts of the proposal on City emergency services, staff recommends as a condition of approval that a Fire Mitigation Fee, based on $488.00 per new single-family house, be paid prior to recording of the short plat. The fee is estimated at $976.00 ($488 x 2 homes = $976.00). Recreation: The proposal does not provide on -site recreation areas for future residents of the proposed short plat. In order to offset the additional demand on existing park facilities generated from this development, staff recommends as a condition of approval that a Park Mitigation Fee, based on $530.76 per new single-family house, be paid prior to recording of the short plat. This fee would contribute to the creation of new trails and facilities that may be utilized by future residents. The fee is estimated at $1,061.52 ($530.76 x 2 homes = $1,061.52). Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. It is anticipated that the proposed short plat would result in 0.88 new children (0.44 X 2 dwellings = 0.88) to the local schools (Sierra Heights Elementary shpltrpt. doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 6 of 9 School, McKnight Middle School, and Hazen High School). The Renton School District has indicated they can accommodate the additional demand generated by this proposal. Streets: The subject site is located west of Duvall Avenue NE in the 1800 block. Each of the proposed lots has access to Duvall Avenue NE via a 30-foot wide public roadway fronting the north property line of the parcel. The 30-foot wide public right-of-way is currently not paved and does not have any improvements installed. The applicant will be responsible for improving the right-of-way from Duvall Avenue NE to the west property line of the subject parcel. Please see above discussion of streets under "Compliance with Subdivision Regulations" for more information on required improvements, traffic mitigation fees and conditions recommended by staff. Storm Water. The site is located in the Honey Creek drainage basin. There are storm water facilities in Duvall Avenue NE to the south of the proposed short plat. The applicant submitted a storm drainage report in compliance with the 1990 King County Drainage Manual. Water quality will be required. A Surface Water System Development Charge of $715.00 for each lot will be collected as part of the construction permit prior to the recording of the short plat. Water and Sanitary Sewer Utilities: There is an existing 12-inch water main and an existing 8- inch sewer main in Duvall Avenue NE. An 8-inch water main extension is required to be installed to serve the proposed development with domestic water service and fire protection. An additional hydrant will be required to serve the proposed development. All new single-family construction must have a fire hydrant capable of delivering a minimum of 1,000 Gallons Per Minute (GPM) located within 300 feet of the structure; if the single-family structure exceeds 3,600 square feet, the minimum fire flow increases to 1,500 GPM and two hydrants are required within 300 feet of the structure. All hydrants serving the short plat will be required to be fitted with Stortz fittings if they do not already have them. A Water System Development Charge of $1,525.00 and a Sewer System Development Charge of $900.00 will be collected for each lot as part of the construction permit, prior to the recording of the short plat. H. Findings: 1. Request: The applicant has requested Administrative Short Plat Approval for the Baxter Meadows Short Plat, File No. LUA-03-088, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan Residential Single Family (RSF) land use designation. 4. Zoning: As presented, the proposal complies with the zoning requirements and development of the Residential - 8 (R-8) zoning designation, provided the applicant complies with all advisory notes and conditions of approval. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations for the short platting of two lots, provided the applicant complies with all advisory notes and conditions of approval. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Single -Family Residential (zoned R-8); East: Single -Family Residential; South: Single -Family Residential (zoned R- 8); and West: Single -Family Residential (zoned R-8). 7. Setbacks: The setbacks for future development on the proposed lots would be evaluated based on the standards applicable to lots along streets existing as of March 1, 1995. 8. Special Assessment District: The subject site is located in the Honey Creek Special Assessment District (SAD 8611). The fee is $250.00 per new wastewater connection. 9. Public Utilities: An 8-inch sanitary sewer main extension and an 8-inch water main extension are required. In addition, all fire hydrants serving the plat must be fitted with Storz fittings. 10. System Development Charges: A Water System Development Charge of $1,525.00, Sewer System Development Charge of $900.00, and a Surface Water System Development Charge of $715.00 will be assessed for each lot in the proposed short plat. The System Development Charges will be collected as part of the construction permit, prior to recording of the short plat. shpltrpt. doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 7 of 9 11. Street modification: The applicant has been granted a street modification, subject to conditions, to allow a cul-de-sac with a 45-foot paved radius and an additional 10-foot sidewalk and utility easement. 1. Conclusions: The subject site is located in the Residential Single Family (RSF) Comprehensive Plan land use designation and complies with the goals and policies of this designation. 2. The subject site is located in the Residential — 8 Dwelling Units per Acre (R-8) zone and complies with the zoning and development standards of this zone, provided the applicant complies with all advisory notes and conditions of approval. 3. The proposed two lot short plat complies with the subdivision regulations as established by City Code and state law, provided the applicant complies with all advisory notes and conditions of approval. J. DECISION: Fhe Baxter Meadows Short Plat, File No. LUA-03-088, SHPL-A, is approved subject to the following conditions: 1. The applicant shall dedicate the portions of the required roadways that fall within the boundaries of the subject parcel to the City of Renton prior to or concurrent with short plat recording. 2. The applicant shall comply with all conditions of parking modification approval prior to recording of the short plat. 3. The applicant shall pay a Traffic Mitigation Fee based on $75.00 per net new average daily trip attributed to the project prior to recording of the short plat. 4. The applicant shall post the 20-foot access road "No Parking" prior to short plat recording. 5. The applicant shall pay a Fire Mitigation Fee of $488.00 per lot prior to short plat recording. 6. The applicant shall pay a Park Mitigation Fee of $530.76 per lot prior to short plat recording. DATE OF DECISION ON LAND USE ACTION: SIGNATUR-- December 19, 2003 d3 Decision date Note: The 14-day appeal period begins three (3) days after the transmittal date of this document shpltrpt. doc City of Renton P/B/PW Department Baxter Meadows Short Plat REPORT AND DECISION; PROJECT LUA-03-088, SHPL-A Page 8 of 9 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. These notes are provided as information only; they are not subject to the appeal process for the land use actions Planning 1. Work hours for new single-family developments are limited to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m. Monday through Friday. Work on Saturdays is restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. Nor work is permitted on Sundays, Property Services -Comments for Final Short Plat Submittal 'I. See attached memo from Sonja Fesser dated December 1, 2003, Fire Prevention 1. Per City code, all new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM'and shall be located within 300 feet of the new structure. If the building square footage exceeds 3,600 square feet in area (including attached garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. This distance is measured along a travel route. All fire hydrants shall meet current City code. 2. The applicant shall install storz fittings on all fire hydrants serving the short plat. 3. Sprinklers are required for houses on dead end roadways over 500 feet in length. 4. Plans and permits are required for sprinkler systems. Plan Review — Surface Water and Drainage 1. Surface Water System Development Charge will be $715 for each lot. The Development Charges are collected as part of the construction permit prior to the recording of the short plat. Plan Review — Sewer 1. Sanitary Sewer System Development Charge will be $900 for each lot. The Development Charges are collected as part of the construction permit prior to the recording of the short plat. 2. The site is located in the Honey Creek Special Assessment District (SAD 8611). The fee is $250 per connection and is collected as part of the construction permit prior to recording of the short plat. 3. The applicant will be required to install an 8-inch sanitary sewer main to the west property line ending in a manhole as shown on the conceptual utility plan. 4. Dual side sewers are not allowed. 5. The applicant is responsible for providing private sanitary sewer easements as necessary. Plan Review —Water 1. Water System Development Charge of $1,525 per lot will be collected as part of the construction permit prior to the recording of the short plat. 2. All short plats shall provide a separate water service to each building lot prior to recording of the short plat. 3. Existing water meters may need to be relocated and/or upsized to meet current City Code. 4. An 8-inch water main extension is required to the west property line of the proposed development. Plan Review — Transportation and Street Improvements 1. All new electrical, phone and cable services to the plat must be undergrounded. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. A uifer 1. The site is located in Aquifer Protection Zone 2 and may be subject to additional requirements per City code. Plan Pavi. vw - (Zannrni 1. All projects need to be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control netork. 2. All rwequired utility, drainage, and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 3. Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs, 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. 4. For Latecomer's Agreement information, see Renton City code Title IX, Public Ways and Property, Chapter 5 Latecomer's Agreements. shpltrpt. doc Being a kw- BAXTER MEADOWS GRADING/ STORM DRNNAGE PLAN ----------- ------------------- ------ - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - I 1 - - - - - - - - - - - - - - - - - - L J '3r 131.64' ----------- ------------- qj 0.r --I ------------------------------ -------------------------------- --------------- --- kill 222 7,9 10 AAA DUVALL AVE N.E. (138TH AVE S.E.) 4. CITY OF RENTON COUNCIL AGENDA BILL Al N: bmitting Data: Planning/Building/Public Works For Agenda of: November 7, 2005 ept/Div/Board.. Development Services Division F aff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for commercial development and Ordinance the Urban Craft Mixed Use Development, LUA03-035. ............. Resolution............ Old Business........ Exhibits: New Business....... Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Hearing Examiner's Report Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Fiscal Impact: N/A Other. . Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a 1,750 sq.ft. strip of land and corner radius along Olympia Ave NE and NE 4' Street. This dedication is a condition of the Hearing Examiner's Report and Decision for the Urban Craft Mixed Use Development, LUA03-035 to help meet the revised right-of-way width on Olympia Avenue NE. Council acceptance of said right- of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to execute the Deed of Dedication. C:\Documents and Settings\rnpetersen\Local Settings\Temp\Urban Craft Mixed Use 01 AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: Q q2 3 O S /7 Project File 4: j_U 03S Street Intersection: Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): BDJS Assoc. L.L.C. Grantee(s): 1 • 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated orfull legal must go here. Additional legal on page ) A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, 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 Accepted By: Grantor(s): Grantee(s): City of Renton Q -A Mayor BDJS Assoc L.L.C. City Clerk INDI9,7DUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING{�^ �• l certify that 1 know or have satisfactory evidence that Notary Seal must be within box bay /,$ 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: Hforms/xxxFRM/AGREE/2004 184_D Of D.dOC\ LS Page 1 FORM 04 0001/bh IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OFA CKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box .� IT:�O�NOTARk lb* ' U m : 70 co ; f PUBLIC ' 9 1t� qWASH�&'P 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: TIVE FORM OFA STATE OF WASHINGTON ) SS COUNTY OF KING I certify that I know or have satisfactory evidence that K �< . aU is signed this instrument, on oath stated that helsheltheyW�to)be authorized to execute the instrument and ackn led ed it as thep/k� and of 61 oe�15-4 the free and voluntary act of such party/parties fQx the uses and purposes mention the instrument. Notary Public in and for the State of Washington Notary (Print) AO . ,QiG�in�ir� My appointment expires: Is -06 Dated: /a --7 -or CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 19_, before me personally appeared me known to oC 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) My appointment expires: Dated: Docurnmtl\ Page a FORM 03 0013/bh/CA2-21-97 Exhibit A Legal Description A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ACRE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ACRE, 30.01 FEET TO THE NORTH RIGHT-OF- WAY OF NE 4TH STREET; THENCE SOUTH 89°05'51 " EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 67.61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89005'51" EAST, A DISTANCE OF 30.50 FEET; THENCE NORTH 00013'21" WEST, A DISTANCE OF 345.07 FEET TO THE NORTH LINE OF THE SOUTH 375 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89006'06" WEST ALONG SAID NORTH LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00° 13'21 " EAST, A DISTANCE OF 319.57 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, TANGENT TO SAID LINE; THENCE SOUTHWESTERLY A DISTANCE OF 39.76 FEET ALONG THE ARC, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91 °07'30" TO THE POINT OF BEGINNING. ALL SITUATE IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. AREA OF DEDICATED RIGHT-OF-WAY IS 1,750 sq.ft. Hforms/xxxFRM/AGREE/2004I 84_D Of D.dOC\ LS Paged FORM 04 0001/bh N Z I I 30- 34546' b, 319.57' t4 345.11' Olympia Avenue NE ti 0 r 0 ct N co J IL!(P c th St. 00 RM-C RM-C cs�" r 'I csa & ftwo *W1E _4th St., R-8 CA CA Gs F5 16 T23N R5E E 1/2 y ZONING — — ReUtIDD dity 11MMA100 P/B/PW ITCHNICAL nRVIM -4,N-fo O-VW03 j4 9 TZ" July 3, 2003 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: H. Lee Johnson BDJS Associates, LLC 4223 E. Lee Street Seattle, WA 98112 Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF 400 Olympia Avenue NE Applicant is seeking approval for the construction of a 27,528 square foot retail, office and creative workspace building and site improvements in the CS zone. The applicant is also requesting modifications and/or waivers from the required/permitted setbacks along both Olympia and NE 4`h Street. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on May 20, 2003 PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the June 17, 2003 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, June 17, 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 Exhibit No. 4: Landscape Plan Urban Crafts Mixed Use File No_: LUA-03-035, SA-H, F,CF July 3, 2003 Page 2 Exhibit No. 5_ Elevations Exhibit_No. 6: Generalized Utilities Plan and _ Conceptual (Trading Plan Exhibit No._7: Preliminary Drainage Plan Exhibit No. 8: Zoning Map The Examiner, prior to this hearing, invited testimony from Long Range Planning, and it is the understanding that that testimony is incorporated in Ms. Fiala's report. Two e-mails on that topic are part of the official file. The hearing opened with a presentation of the staff report by Susan Fiala, Associate Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The subject property is located at 400 Olympia Avenue NE. South of the property is Greenwood Cemetery, to the west of the property is a self - storage facility, and to the east there is a commercial strip retail and auto shop. North of the property is single- family residential dwellings. The site is approximately 0.78 acres. The applicant is requesting environmental review and Hearing Examiner site plan review approval for the construction of a 27,528 square foot retail, office and creative workspace building and site improvements. This type of facility would provide flexible, affordable office, retail and work spaces. The office/workspaces are small, ranging in size from approximately 60 to 400 square feet in size. Each space has a private locking entrance, with heat, electricity and phone/computer outlets. T_he_F,x_aminer questioned that since it is CS zoned, what type of low-level manufacturing crafts might be permitted or not permitted. Any uses in the building should be limited to what is normally permitted in the CS zone, which would not be light industrial. It appears that crafts and hobbies might overstep some of those bounds. When people inquire about business licenses that is when the checks are made on what is allowed or not allowed in the particular zone. This appears to be a very informal leasing arrangement and someone wishing to do some light industrial work, but not open a business, would not be required to obtain a business license. Ms. Fiala stated that the types of uses that were provided relate to hobbies and crafts such as candle making, antiquing, anything that would not emit any noise, odors, no welding, no auto repair. The retail would require a business license. The facility would be open 24 hours a day, 7 days a week. Several retail spaces are proposed to be located on the ground level along the NE 4th Street and Olympia Avenue NE frontages. One caretaker/manager's unit would be located on the third level. The three-story structure would be approximately 33 feet in height, would be constructed of metal and vinyl siding. All parking would be on the ground level, eight of the 43 proposed parking spaces would be enclosed and designated for retail tenants. To provide light to the interior offices/workspaces, the building is open in the middle section. The building would be secured with a card -key access system. On May 13, 2003 the Environmental Review Committee issued a Determination ofNon- Sign] ficance-Mitigated, for the project. No appeals of the Review were filed. There were two mitigation measures including Fire Mitigation Fee and Transportation Mitigation Fee that the applicant will be required to pay prior to issuance of building permits. The subject site is designated Center Suburban on the City's Comprehensive Plan map. The purpose of "centers" is to provide for a cohesive district, allowing a wide range of commercial and residential activities and provide goods and services to serve as a visual and focal point for the surrounding residential area. The Examiner inquired if the applicant proposed to use this as artist's lofts where people other than the caretaker would live in this building. Ms. Fiala responded that that would not take place. They are proposing to provide retail on the ground level, one being a coffee shop, and it is anticipated that other retail spaces would provide for the surrounding neighborhood. There are two parking lots, they are designated Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, 1"('F July 3, 2003 Page 3 as tenant and retail parking lots. They are close to the building and have pedestrian connections to the store fronts and main entries to the structure. They will provide adequate retail goods and services within Center Suburban designations to encourage residents to shop locally for daily goods rather than driving to other areas. Indoor storage is permitted as an accessory use and is also limited to store products related to the primary retail and office uses. The maximum lot coverage allowed in the CS zone is 65% for projects without structured parking. This proposed project would be about 25% of the lot coverage. The applicant has requested a modification to increase the front yard setback from 15 feet to 60 feet from NE 4'h Street. In an effort to provide parking for the retail spaces located on the ground level, eight (8) standard sized parking spaces would be located between NE 41h Street and the building front. This pushes the building back from the street front. This parking strip would be screened with the required 10-foot strip of irrigated landscaping. The landscaping continues along the Olympia Avenue NE as well to provide screening of the parking lot. The applicant is trying to separate the high traffic on NE 41h Street from any pedestrians. This site is very narrow, the applicant has oriented the building more to Olympia Avenue NE due to the fact that NE 4'h Street is a high volume street. If NE 41h Street is ever widened, there would be less conflict with the front of the building, it would already be set back, it would not conflict with any street widening_ The minimum side yard along a street is 10 feet with a 10 foot landscaped strip, this side yard would be along Olympia Avenue NE. The applicant is requesting a modification proposing that the building be set back five (5) feet from the property line with a five foot sidewalk abutting the building. "Ten feet of landscaping would be provided for approximately two-thirds of the length of Olympia Avenue NE, and the rest would be the 5-foot modification. There are no required interior or rear yard setbacks as the adjacent and abutting properties are zoned Commercial. however, the existing use of the property to the north is a single-family residence but it is zoned Center Suburban. The applicant does propose to construct a six-foot high solid visual barrier, a combination of a fence and retaining wall along the entire north property line. All existing vegetation, including blackberries would be removed. There are no trees on the site. The CS zone allows a maximum building height of 50 feet, the proposal is 33 feet thus meeting the zone standard. Parking requirements are based on use. The proposal is for a mixed use building that is to meet the total requirements for parking by the sum of the requirements for those applicable uses within the building. A total of 43 parking spaces would be provided on site within two lots and individual garages. The applicant has requested a parking modification in order to provide the required parking. Several additional spaces would be compact spaces, 30% are allowed (13 spaces), they are proposing 17. The site is currently vacant and covered with gravel, weeds and blackberries. There are no significant natural or sensitive features on the site that would be impacted by the development. The proposed mixed use development is expected to increase property values in the vicinity of the site. Vehicular access to the site would be provided via Olympia Avenue NE, there would be no access immediately from NE 4'h Street. Fire and Police had indicated there are enough existing City facilities and resources to accommodate the subject proposal provided that there is the appropriate Fire Mitigation Fee. Public Works has determined that there are sufficient utilities in the area as long as code required improvements are made to the water and sewer extensions. Staff recommends approval of this project subject to conditions. Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, F.CF July 3, 2003 Page 4 Glenn. Davis, Project Developer, 3232-24`h Avenue West, Seattle, WA 98199, with respect to the comment about opening up to people wanting to do something similar in the zone regarding the modifications to the setbacks at the south side of the project. This is a long skinny site, the fact that someone would have to walk 200-300 feet to get to the retail shops was the consideration in requesting this modification. Further stated RMC 4-9-200E which states that the reviewing official shall review and act upon site plans and certain criteria which provide a frame or reference for developing the site, but are not intended to be inflexible standards_ The Examiner stated that what they were referring to was the actual site plan, not setback plang that are usually mandated, in this case the code does allow flexibility but probably a little less flexible than the site plan criteria. Rick Brown, Architect, 4680 Rhodie Lane, Freeland, WA 98249, the question of height came up earlier, there are actually two gables running north and south, the east building is somewhat smaller than the west because of the width, it is 35-1/2 feet high to the ridge, the west building is 37.5-1/2 feet at the ridge and then there is a small portion to the east that is a one-story building. Regarding the setbacks, the narrow lot, in terms of getting enough parking within close proximity of the south retail, it just wasn't felt that they could get parking to the east or west of the building. The building has a 90-foot width and putting the parking on the south side, avoids parking on Olympia. This retail is a walk up, pick-up or drop off, and leave. It is not a place where you will come and spend the day shopping. James_Jaeger, Jaeger Engineering, 9419 South 2041h Place, Kent, WA 98031, regarding the request for the variance to the front street setback, there are a couple of issues that can apply to this project, making it somewhat unique. It is important to stress there is not, nor will there be an access to 41h Street. Also note that our frontage along 41h Street is 93 feet after the 5-foot is deleted along Olympia, versus the 345 feet along Olympia. There are two frontages with the major pedestrian access along Olympia rather than 41h. Without the parking along the front, it is a great concern that Olympia would be used for parking to access those retail units. There is also the potential expansion of 4'h Street, the right-of-way on the north side of 41h is 30 feet on the south it is 40 feet, there is potential that the City could want another 10 feet of right-of-way. There is no center turn lane. Another benefit this project is bringing to the City is the improvement to the existing conditions within Olympia Avenue, the roadway, the water system and the sewer lines are extremely substandard right now. Loren Anderson, Resident to the north, 465 Olympia Avenue NE, Renton, WA 98056, would like to thank the developers for the wall and fence dividing my property from this proposed building. 1 understand that it was not a required item, and I would really like to thank the developer for addressing our problem and suggestion some sort of barrier. The Examiner asked to have the area pointed out on the map, apparently there is another lot between Mr. Anderson and the proposed use. _Mr. Anderson stated that there is a small lot, actually it is on two separate grades, his is an upper level grade and the lower lot, a vacant lot, is a lower level grade, but is part of his property. With regard to the water and sewer lines, since 1950-1960 their main was on 41h Street, the concern was that the water and sewer would be compromised by this development. That with the installation of a new water and sewer service, the upgrade would be done without charge to them as property owners. Kayren Kittrick, Development Services, 1055 South Grady Way, Renton, WA 98055 stated that costs would be borne by the developer. The only additional costs that would possibly be generated to the property owner, would be upgrading the meter. Upon questioning by the Examiner, Ms. Kittrick stated that the setback situation was not ideal, but it does meet standards. Mr. Jaeger was correct that 4'h is currently under study and this little section between Monroe and Union that creates a bottleneck in this vicinity, there would be the possibility that at some time down the road the City would need 5 to 10-feet of the frontage of this property. The landscape would be lost and the parking would be right in front. 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 10:12 a.m. Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF July 3, 2003 Page 5 FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, H. Lee Johnson of BDJS Associates, LLC, filed a request for approval of a Site Plan and setback modifications for a building housing retail, office and work spaces. 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) issued a Determination of Non -Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 400 Olympia Avenue NE. The site is on the northwest corner of the intersection of Olympia and NE 4th Street. Monroe Avenue is located west of the site while Union Avenue is located east. The subject site was annexed to the City with the adoption of Ordinance 1480 enacted in April 1954. 7. The site is zoned CS (Center Suburban). The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Center Suburban uses, that is retail and residential uses that cater to pedestrian and automobile traffic, but does not mandate such development without consideration of other policies of the Plan. 9. The subject site is a rectangular parcel. The subject site is approximately 98 feet wide (east to west) by 345 feet deep. The 4th Street frontage is the narrower, 98-foot dimension. The City has requested a 5- foot dedication along Olympia Avenue. 10. The subject site is approximately 33,802 square feet or 0.78 acres. The site is vacant and covered with gravel, weeds and blackberries. 11. The parcel slopes upward to the north from approximately 344 feet near 4th to approximately 351 feet. The land slopes upward more dramatically north of the subject site on neighboring properties. 12. The applicant proposes developing a building containing a mix of retail spaces on the ground level and offices and workshops on the upper two floors. 13. The building will be a three-story building that will vary from approximately 35 feet 11.5 inches to 37 feet 5.5 inches at the ridge lines. 14. The building would contain 27,528 square feet of leaseable space. The building will have a footprint of 80 feet by 180 feet. The building will be open in the middle providing light and air to the interior spaces Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF July 3, 2003 Page 6 by way of an atrium. The building is designed to allow driving access through the interior or atrium of the building to access the interior garage bays. 15. Staff analyzed the parking requirements to various uses that may be located within the building complex. The following table outlines the required and provided parking: Use Area (sq. ft.) Ratio Required/Provided Retail 3,218 4 stalls per 1,000 sq. ft. 13/13 Sit Down Restaurant (Coffee Shop) 490 1 stall per 100 sq. ft. 5/5 Office 4,930 3 stalls per 1,000 sq. ft. 15/15 Crafts 7,988 1 stall per 1,000 sq. ft. 8/8 Indoor Storage 2,056 1 stall per 1,500 sq. ft. 1/1 Caretaker Unit 802 1 stall per unit 1/1 Total 43/43 The applicant proposes providing 43 parking stalls. Eight stalls would be located inside garage bays. The remaining stalls would be in lots located north and south of the building. The applicant was granted a modification from the parking standards to provide 17 compact stalls rather than the permitted 13 contact stalls. The modification was approved administratively. The reduction in stall size permits the applicant to meet the parking requirements for the use. Larger stalls would not fit the site area. 16. The proposed stalls located along NE 4th Street require a modification by the Hearing Examiner. The applicant has proposed a 60-foot setback to accommodate parking along the NE 4th frontage. The CS zone requires a minimum 10-foot landscaped front yard and a maximum setback of only 15 feet. These setbacks are intended to reduce the "strip commercial" appearance associated with parking on the street frontage. A modification may be granted if the site plan demonstrates special design characteristics. The applicant has proposed articulations, peaked rooflines and facade detailing to reduce the apparent scale and bulk of the building to justify the modification. 17. The applicant has also requested a modification to reduce the I 0-foot sideyard setback along Olympia Avenue NE. The applicant proposes a five-foot landscape strip along with a five-foot sidewalk abutting the building. The applicant proposes street trees as well as shrubs in planting beds for 130 linear feet. Staff recommended that the applicant be required to maintain any of the street plantings. 18. The applicant has suggested that the retail uses require parking that is more convenient and providing parking to the rear of the building would discourage retail use. They also noted that the narrow configuration of the lot makes developing a building and associated parking hard to provide on the subject site. Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF July 3, 2003 Page 7 19. Some staff were concerned that the interior garage stalls could be used for mini -storage which is not permitted in the CS zone. This office was also concerned that granting the modification would create a precedent. 20. The main access to the subject site will be via three driveways along Olympia Avenue NE. Staff did not want any new driveways located along the NE, 4th Street arterial given the short frontage and proximity to the 4th and Olympia intersection. The northernmost parking lot would not provide full internal circulation and one aisle of parking would only be accessible directly from the sireet. 21. The applicant has proposed a 10-foot bermed landscaping strip along NE 4'h Street. This is intended to screen the parking that would be created along NE 4th Street_ A pedestrian path would be located in the middle to allow those using the sidewalk to enter the complex and gain access to the shops. 22. No interior or rear (west and north) yard setbacks are required or proposed. While the property to the north of the subject site is zoned CS like the zoning on the subject site, it is used for a single-family residence. Staff has recommended that a solid fence be erected to screen that residence from the parking lot. 23. Section 4-2-120C.15 provides the criteria for altering the maximum setbacks: 15. The maximum setback may be modified by the Reviewing Official through the site plan review process if the applicant can demonstrate that the site plan meets the following criteria: a. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC), encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and C. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. Alternatively, the Reviewing Official may also modify the maximum setback requirement if the applicant can demonstrate that the preceding criteria cannot be met; however, those criteria which can be met shall be addressed in the site plan: d. Due to factors including but not limited to the unique site design requirements or physical site constraints such as critical areas or utility easements the maximum setback cannot be met; or e. One or more of the above criteria would not be furthered or would be impaired by compliance with the maximum setback; or f. Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 24. Staff indicated that the City is studying the possible widening of NE 4`h in this vicinity. if such widening occurred most of the landscaping might be removed and the parking lot would then be immediately adjacent to the street and sidewalk. Urban Crafts Mixed Use File No.: LUA-03-035, SA-I1, ECF July 3, 2003 Page 8 CONCLUSIONS: 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; Mitigation of the impacts of the proposal on the subject site itself, Conservation of property values; Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. On first blush, this office was concerned about the precedent of allowing parking along the NE 4th Street frontage and moving the building back 60 feet from the property line as well as not providing the standard landscaping and setback along Olympia Avenue NE. Then it did appear that the property's size and dimensions might justify relaxing the setback standards so that the applicant could develop its proposed building. Further thought and reflection changed the outcome once again and convinced this office that what really was the issue is that while the building seems nicely designed and provided interesting features, it is just too much building for too small of a lot and a too constrained lot. The applicant seeks too much relief when the only real issue is that the building is too large and demands too much parking, which cannot be reasonably accommodated in this case. The applicant noted that the Site Plan Ordinance contains language that permits flexibility in interpreting its criteria. That is very true. But we are actually dealing with the standards of the underlying CS zoning which requires the maximum setback at 15 feet for the front yard and 10 feet along a street oriented side yard and not just site plan criteria. And while the CS zoning does permit alterations of that setback for good reason, the reasons should be compelling to avoid creating a precedent. Clearly, most retail establishments want their customers to park right in front of their place of business. Convenience would have them as close as possible. But the CS Zone that allows retail uses actually is intended to discourage just this type of parking arrangement. It wants buildings now erected in that zone to address the street and not be oriented to provide "convenient" parking. How else can the CS Zone's narrow setback be interpreted than discouraging parking right in front of the building, between the sidewalk and street and the building. It is clear that the CS zone was not first and foremost concerned with getting parking in front of the retail stores as it was with moving buildings closer to the street. 4. No, while it can be admitted that the applicant has a rather small, narrow lot those limitation in this case should not be used to punch a hole in the CS' setback and parking standards. Rather the applicant has Urban Crafts Mixed Use File No.: LIIA-03-035, SA-H, ECF July 3, 2003 Page 9 designed a building that is too large for this confined, CS zoned site. Not only does the applicant need a parking modification to allow additional compact parking stalls since it cannot meet this larger building's parking requirements with the full complement of regular sized stalls but it also seeks to provide parking in front of the building and reduce the required landscaping and setback along its second street frontage, along Olympia. The applicant is no different than any other developer or applicant building in the CS Zone. The applicant wants its lessees to be able to have parking in front of their respective shops. flow is that different than any future applicant in the CS zone who wants the same treatment. Merely, creating a slightly more decorative building facade could be used by one and all to gut the intent of the CS Zone's setback standards so that all future retail developments in this and other CS zoned areas have parking between the building's shops and the roadway and sidewalk. 6. This office believes that when adopting the CS standards there was a clear intent to create a different aesthetic to urban and suburban street design. It was intended to create a more pleasing frontage and to prevent parking right along the street. There was a clear intent to avoid what is commonly known as "strip commercial" development. The proposal does not demonstrate that the modification is justified in this case. This office therefore, believes that in order to clarify this objective by the City, that further City Council review might be warranted. In order to get that further review, this office believes that denying the modifications along both NF. 4th Street and Olympia Avenue NE will probably result in an appeal. Such an appeal will permit that further review. While this office is aware that denying the modifications may seem harsh but the applicant can redesign the building to meet the constraints of their lot. A smaller building might allow parking on the interior, west side of the building or maybe this lot is too small and really can only be used for a small-scale series of shops where parking would be located directly to the rear or north of the building where rear doors would provide that direct access to the parking from the shops rather than a three-story building. 8. In order to allow a thorough review of the applicant's proposal by the City Council if an appeal occurs this office will review the remainder of the proposal as if the modifications were approved and the site plan could be executed as proposed. Site Plan 9. The proposed mixed use building appears to be compatible with the goals and policies of the Comprehensive Plan. The retail space is definitely compatible with the Center Suburban designation since those shops can provide retail services to residents of the surrounding Highlands area. Similar, small offices can provide business services. Clearly, craft workspaces will have to be limited to the types of uses permitted in the CS zone and not be too industrial in nature. Similarly, the interior, bay garages should not be used for mini storage since this is not a use suggested for the CS zone. Therefore, a condition should be placed on the development that the garages may only be used for parking and not any long term storage or shop use. 10. It would appear that the use meets the various bulk and height limitations of the Zoning Code. It does not meet the setback or landscape requirements along NE 41h or along Olympia but modifications, if approved would permit the building to be developed as designed. The building does appear to address pedestrian access and contains some enhanced facade and roof treatment to make it appear less bulky Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF July 3, 2003 Page 10 but clearly, parking in front of the building does not provide the most aesthetic approach to building design. Compliance with the Building and Fire Codes will be determined when a building permit application is submitted. 11. The development of what has been a vacant lot will have impacts on surrounding uses. A three-story building will definitely alter the views and aesthetics for the adjacent residential property north of the si te. But the zoning on both the subject site and adjacent site to the north permits commercial development. A fence can only provide so much buffering but it will help against the proposed parking along the north side of the property but will clearly not screen a three-story building. The fence suggested by staff should be required. 12. The atrium design will provide air and light to the interior spaces of the proposed building. On the whole the building is large for the site which is apparent since it needs three modifications to accommodate its parking in front of the building, reduce its regular stalls to compact stalls and reduce its landscaping setback along Olympia Avenue NE. The landscaping appears reasonable given the constraints of a large building being developed on this site. Again, this office believes a smaller building would provide a better overall site plan. 13. The pedestrian and vehicular access appear reasonable. Eliminating driveways along NE 4`h will make for a safer arterial for the general public. The applicant will be providing sidewalks and amenities. 14. The site is in an urban area where sewer, water and transportation services are readily available. 15. In conclusion, the Site Plan is overbuilt for this small site and the modifications are not justified as they would create a precedent that other retail developers would covet in other locations in the CS Zone. The Site Plan though appears to have a very nicely designed building if a larger lot could be provided to accommodate it. DECISION: The Site Plan is not approved as the modifications needed to permit it to be developed as proposed are not justified. Should the City Council determine that the Site Plan is appropriate and the modifications are appropriate, they should consider imposing the following conditions: The applicant shall comply with the conditions imposed by the ERC. A condition shall be placed on the development that the garages may only be used for parking and not any long term storage or shop use. 3. The property owner shall maintain all street trees and associated landscaping located within the right-of-way in perpetuity. 4. The applicant shall submit a set of plan reductions (8-1/2 x 11) PMT's, of all revised drawings prior to the issuance of building permits. 5. The applicant shall provide tenants and future tenants with a list of uses that are permitted in the CS zone and shall inform them that other uses are prohibited. Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF July 3, 2003 Page 1 I ORDERED THIS 3rd day of July, 2003. FRED J. KAUFM 14�J HF,ARING EXAM ER J TRANSMITTED THIS 3`d day of July, 2003 to the parties of record: Susan Fiala 1055 S_ Grady Way Renton, WA 98055 Kayren Kittrick 1055 S. Grady Way Renton, WA 98055 James Jaeger Jaeger Engineers 9419 S 204'h Place Kent, WA 98031 Glenn Davis Project Developer 3232 24`h Avenue West Seattle, WA 98199 Pat Reilly Developer 1 111 E Madison Seattle, WA 98122 TRANSMITTED THIS 3rd day of July, 2003 to the following: Mayor Jesse Tanner Councilperson Kathy Keolker-Wheeler Julia Medzegian, Council Liason Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Jennifer Henning, Development Services Janet Conklin, Development Services Holly Graber, Development Services King County Journal Rick Brown Architect 4680 Rhodie Drive Freeland, WA 98249 Loren Anderson 465 Olympia NE Renton, WA 98056 Jay Covington, Chief Administrative Officer Gregg Zimmerman, Plan/Bldg/PW Admin Alex Pietsch, Econ. Dev. Administrator Larry Meckling, Building Official Neil Watts, Development Services Director Members, Renton Planning Commission Transportation Systems Division Utilities System Division Pursuant to Title IV, Chapter 8, Section IOOG of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., July 17, 2003. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Urban Crafts Mixed Use File No.: LUA-03-035, SA-H, ECF July 3, 2003 Page 12 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 writing on or before 5:00 p.m., July 17, 2003 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. SPECfiC4LY 1DENTWIED ARE 9NGLE FAMY ®®NE IG NSORNOOD D E TA I I_ MAF' RESiDEHCES 100 0 20 5C4E I 200'-0' m E5 • 9 TZ3N R5E W 1/Z : oUo 72�> z„ L nnwood Ave R �� .... RM C z� 1 Monroe Ave. N R z in �` , tb ,� z 0 I a o monri : m s H Ol m � Ave 'IvTE I I � I �X7� Olympia Av.e. A03 ENE .. -8 R � Z leree -� 46 .. Queen t edl and A g T. R- o � .;o ..:: dmon eve. `° . z R-10 c o � Mi C .. : eIove I �,. Shelton cc O I D � .• .N c� __ � . � 1., ..aoorrl cri:� r�., .:.�COco N z Aye "ziiorn Ave. NER, ;e Zco co f t� C7 I. : Czi ' z a Z/I M S52i NEZZ 01 • 9a I mom :: m -II lilies ::::;: =�1111,:1111,:= ::�::� ;::::; ;;;::I � IIII mill !I .:::: ,:m , ....H .... .,,..,.,,.,::;:::::::;:;;::;::;:::::;;::;;:::: IIIM `IIIII • 111�II-,.61IIi.�-;VIAL-,� II! I I -- IIIIIII.IIL'i 1-.1 MMI NO W 1111Rmiii Ilmmii:i 4 ;;;;;;;EEEEE; ;; MI11;;EE;; ..:.. .. III■■ ■ ■ CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Economic Development, Neighborhoods, and Strategic Planning Staff Contact...... Don Erickson, x6581 Subject: PROPOSED ANNEXATION Perkins — 10% Notice of Intention to Commence Annexation Proceedings Petition Exhibits: Issue Paper, Annexation Petition Certification, 10% Petition Al #: For Agenda of: November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information ......... ►,1 Recommended Action: Approvals: Council concur to set a Public Meeting date for Legal Dept......... X November 21, 2005 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 petitioners submitted a 10% Notice of Intent petition to the City Clerk on September 28, 2005 and the signatures on it were certified by the King County Department of Assessments on October 4, 2005. The proposed 15.1-acre annexation site is located in Renton's Potential Annexation Area along the west and east sides of Union Avenue NE (132nd Avenue SE) between NE 271h Street (SE 95th Way), if extended, on the north and NE 261h Street (SE 98th Street) if extended, on the south. If extended, its western boundary would be Queen Avenue NE (128th Avenue SE), and its eastern boundary would be approximately Vashion Place NE, if extended. State law requires the Council to hold a public meeting with the proponents to consider their request, within 60-days of their submittal. If Council accepts the 10% Notice of Intention petition, the Administration recommends that it authorize circulation of a 60% Direct Petition, based upon assessed value. Such a petition must specify on its face that future zoning will be consistent with the Comprehensive Plan and that property owners will be required to assume their fair share of the City's outstanding indebtedness, paying the same rate as all other City property owners. STAFF RECOMMENDATION: Council set November 21, 2005 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition and possible future zoning for the proposed Perkins Annexation. EDNSP/PAA/Annexations/Perkins Annexation/agnb0de DATE: -Y o� ECONOMIC DEVELOPMENT, All NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT M E M O R A N D U M October 20, 2005 TO: Terri Briere, Council President City Councilmembers VIA: >C�,�P Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator k A STAFF CONTACT: Don Erickson (6581) SUBJECT: Proposed Perkins Annexation 10% Notice of Intent ISSUE: The City is in receipt of a Notice of Intent to annex approximately 15.47 acres by the direct petition method (Figure 1). State law requires that the Council hold a public meeting with annexation proponents within 60-days of receipt of a 10% Notice of Intent petition, to decide whether to accept, reject, or geographically modify the proposal, whether to require the assumption of bonded indebtedness, and whether to require the simultaneous adoption of city zoning if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accepts the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Authorize the circulation of the 60% Direct Petition to Annex for the 15.47-acre area; and, • Require that property owners within the proposed annexation area assume a proportional share of the City's outstanding indebtedness and accept zoning consistent with the Comprehensive Plan. BACKGROUND SUMMARY: The rectangular shaped proposed Perkins Annexation site was submitted to the City on September 28, 2005. Location: The proposed 15.47-acre, rectangular shaped, Perkins Annexation is located immediately north of Sierra Heights Elementary School. A power line easement traverses its western quarter and its eastern portion is traversed by Union Avenue NE (132nd Avenue SE). The site abuts the City limits on its eastern boundary. Its western Proposed Perkins Annexation 10% Notice of Intent October 20, 2005 Page 2 Location: The proposed 15.47-acre, rectangular shaped, Perkins Annexation is located immediately north of Sierra Heights Elementary School. A power line easement traverses its western quarter and its eastern portion is traversed by Union Avenue NE (132"d Avenue SE). The site abuts the City limits on its eastern boundary. Its western boundary is 128th Avenue SE, if extended, and its eastern boundary is basically the eastern side of 132"d Avenue SE and one parcel on its eastern side. Its northern boundary would be SE 95th Way, if extended, and its southern boundary would be SE 98th Street, if extended. 2. Assessed value: The 2005 assessed valuation for the subject annexation site, at current development, is $828,000. 3. Natural features: The site slopes downward to the north, dropping almost 100 feet on its southern boundary (Figure 3, Topography). The site drains north to the May Creek canyon and is approximately t/4 mile south of the creek itself. Also, about 10% of the annexation site contains steep slopes that are considered to have high erosion potential. 4. Existing land uses: Existing development includes three single-family detached dwellings and their associated structures. Most existing development is located adjacent to SE 132"d Avenue SE (Union Avenue NE). Existing lots vary in size from 1/2 of an acre up to 13.5 acres (Figure 4, Existing Structures). 5. Existingzg_ King County zoning is R-4, which allows a base density of four units per g oss acre, and up to 6 units per gross acre with incentives and transfer of density credits. These higher densities are comparable to those allowed under Renton's R-8 zone. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). This designation would allow either R-1 at a maximum of one unit per net acre, or R-4 zoning at a maximum density of four units per net acre. The latter is about half the density that would be allowed under the current County zoning. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Specific comments follow. Water Utility. The subject area is within the City's water service area. There appear to be no problems or deficiencies in the existing system since a 12-inch water line runs north along Union Avenue NE (132"d Avenue SE) as far north as NE 27th Place, at the current time. This line has a capacity of 2,500 gallons per minute and is owned and operated by the City of Renton. Sewers. The annexation site is located within the Renton Sewer Service Area and future sewers would be extended by developer extension, as the annexation area develops. Sewer exists to the east and south of Siena Heights Elementary School in those areas with the City already. Staff saw no problems in serving this area. Proposed Perkins Annexation 10% Notice of Intent October 20, 2005 Page 3 Parks. The City has a shortfall of both neighborhood and community parkland in portions of the area to the south. In this case, however, Sierra Heights Park is located almost immediately to the west of the annexation site. It is anticipated that this and other County parks will be transferred over to the City when these portions of Renton's PAA annex. Assuming only development costs, the estimated prorated cost from future development of improving this park is an estimated $15,212.90. This one time estimated cost is less than the estimated $22,823 the City would receive from collecting its Parks Mitigation Fee, based upon the development of 43 new homes. Fire. The area is currently served by Fire District #25. Renton currently provides fire suppression services to the District under contract. Upon annexation, the City would continue to provide fire prevention and suppression services for the 15.47-acre area, but do so as a basic City service rather than under contract with another district. Police. With an estimated future population of approximately 107 people for this annexation, the Police Department states that there will eventually be a need for additional officers to serve this and other recent annexations. Police estimate there will be an annual call for service for each of the 107 residents eventually living within the annexation area. Surface Water. The proposed annexation drains to the north into the May Creek canyon, a few hundred feet to the north. Staff notes that because of flooding problems in the lower reaches of the creek, future development should be subject to stream protection storm water detention standards, such as the 2005 King County Surface Water Design Manual, Level 2 dictates or equivalent standards adopted by the City. Public storm drain systems do not exist within the annexation area. However, there is an existing 24" culvert that discharges across the property and presents problems for downstream residents. Staff is recommending that any future developers of the site be required to construct a downstream conveyance system that will discharge away from existing residents. In addition, future developers are encouraged to use storm water infiltration systems to reduce surface water runoff. At build -out, annual maintenance and operating costs of developer provided drainage systems is estimated to be $3,590 per year. Revenues at build -out are estimated to be $2,975 a year, in today's dollars. Transportation. Staff notes that additional transportation staff would not be required at this time. They also note that Union Avenue NE is an important community collector and that future street improvements would be required to bring it up to City standards. Additionally, they note that the cost of new curbs, gutters, sidewalks, and street lighting abutting the proposed annexation area and/or new access streets within the annexation area would be at the expense of existing and new property owners, as the area develops. ANALYSIS OF THE PROPOSED ANNEXATION: 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, Proposed Perkins Annexation 10% Notice of Intent October 20, 2005 Page 4 and subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Low Density 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 proposed for annexation abuts the City limits along its eastern boundary only at this time. With the pending annexation of Sierra Heights Elementary School, the annexation site would abut the City along approximately 50% of its perimeter. Also, the proposed annexation does not divide an existing established neighborhood (Policy LU-43.4). 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. As noted above, the site is relatively under -developed at the current time. b. Use ofphysical boundaries, including but not limited to bodies of water, highways, and land contours; Except for a small area, boundaries follow existing city boundaries, streets, or parcel lines. c. Creation and preservation of logical service areas; Water and sewer service boundaries will not change; neither will school district boundaries. As noted above, Renton will take over the 15.47-acres it now provides service to for Fire District 25, upon annexation. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; The new City boundary resulting from this and the pending annexation of Sierra Heights Elementary School annexation would be more regular than the existing City boundary. This boundary is considered interim, as this area is located within Renton's PAA, and further annexations are anticipated in the near future in this area. 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. No incorporations are proposed in this area. f. Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; This annexation is not being proposed to adjust what are considered impractical boundaries. Further annexations in this portion of Renton's PAA are anticipated in the near future. Proposed Perkins Annexation 10% Notice of Intent October 20, 2005 Page 5 h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities. Because the subject site is within Renton's PAA, annexation is appropriate. i. 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 or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. This analysis indicates that the proposed annexation would initially provide the City approximately $96 a year; however, at full development with an estimated 46 homes, the City would receive $11,403 a year more than it spends to serve the area. There is an estimated one-time pro -rated cost to the City of $15,213 for park development, based on the estimated 107 people who would ultimately live here. CONCLUSION: The proposed Perkins Annexation is essentially consistent with relevant County and City annexation policies, as well as Boundary Review Board objectives for annexation. Reviewing staff has identified no impediments to the provision of City services to the area. Attachments 13 Shel cn N-r C.7i S O i 1 SE / / I Ca \ L nion Av N 13 nd Ave l l — � so dl I'S O \ G: • N Q 136th'Avd SE; j �— Ne S Rd REV � 1 T�7 TZ lei Nor* r f Al 'o i*4 P.lp 7A T�7 4 &Z Mar A�4 IV IWI. - Alkq- +Irk- � �� �►►� �i ,. i•� fir. ' �'� � �' ;�, ; . �°', ;- � � � • �.,, ��►" "��' � INW, PAR .1 lit "IM" OW JL1 AF i cF 0 I LOW a jv I r Im .11 '� SE 95th Way 0 a ••• Ilk a` - • i 11 11 Iiiii Nil" :11 A n Ii 2.�rfi�P!_- LE�22nd PI wii4 0 Proposed Perkins Annexation 0 400 $00 Figure 5: Sensitive Areas Map Annexation Area 1 : 4$00 ®Economic Development, Neighborhoods &Strategic Planning � Alex Pietsch, Administrator City Limits G. Del Rosario High Erosion Hazard 20 September 2005 NT > 40%Slope PERKINS ANNEXATION FISCAL ANALYSIS SHEET ................... I�evi�i'ti�i>S Units Population AV Existing dev. 3 1 7 $828,000 Full dev. 46 107 $20,178,000 Assumptions: 2.2 persons / household $255,450 AV / existing unit $350,000 AV / new unit Existing Full Rate Re ular le $2,600 $63,359 3.14 Excesslevy $65 $1,586 0.07861 State shared revenues Rate(per cap) Existing Full Liquor tax $3.52 $24.64 $376.64 Liquor Board profits $5.04 $35.28 $539.28 Fuel tax - roads $14.46 $101.22 $1,547.22 Fuel tax - arterials $6.47 $45.29 $692.29 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $2.52 $38.52 Total $208.95 $3,193.95 Miscellaneous revenues Rate Existing Full Real estate excise* $48.57 $339.99 $5,196.99 Utilit tax** $133.20 $399.60 $6,127.20 Fines & forfeits* $17.53 $122.71 $1,875.71 Total $862.30 $13,199.90 * Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.19 $1.33 $20.33 Public Defender $4.68 $32.76 $500.76 Jail $8.56 $59.92 $915.92 Subtotal $94.01 $1,437.01 Court/legal/admin. $66.92 $468.44 $7,160.44 Parks maintenance* $14.90 $104.30 $1,594.30 Police $276.89 $1,938.23 $29,627.23 Road maintenance** N/A $0.00 $4,894 Fire*** 1 $1.25 $1,035.00 $25,222.50 Total $3,639.98 $69,935.48 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) bnetirrie'ait: Parks acquisition & development (from Sheet Parks FIA) Other one-time costs: Total revenues Existing,:::::::::::::::: T3 :3 $ Full $8:3$96 .................... .................... Total ongoing costs Existing :s:638 .................... .................... Net fiscal impact Existing Full $'1ti<+#8 $15,212.90 $425.00 .................... Total one-time costs:aZ9(f Revised 8-29 per Finance Memo �,/f fLij1s 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@metroke.gov v►ww.metroke.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted September 29, 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 Perkins 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 4th day of October, 2005 Scott Noble, Kinj County Assessor 4.®,2" NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) (10% PETITION PERKINS ANNEXATION) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98055 A-(95-00� CITY OF RENTON SEP28,005 RECEIVED : ITY CLERKS OFFICE SUBMITTED BY:. 0�W VZT\q ADDRESS: NF WG-Clsm PHONE: ,3 bn C, C)b a.9 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; y 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 Perkins 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.) 13 z *v4" sue- oa3 911y p7 ACRES ' 1. 07_21-0 f cue a A Per K;tt s U-7 3 - 111 11 2. 9G3 3. Mari / ei;75` Ab - 13.143 �Ck� 4. 5. 6. 7. 8. 9. 10. Page 2 of 2 H:\DIVISION.SAP&TS\PLANNINGWNNEX\10% Notice of Intent (reVs).doc1DE 09/20/05 Submitting Data: Dept/Div/Board.. Staff Contact...... CITY OF RENTON COUNCIL AGENDA BILL Al N: E 1, EDNSP Norma McQuiller Subject: Officially Recognized Neighborhood Standards Exhibits: Issue Paper For Agenda of: November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . X Recommended Action: Approvals: Refer to Community Services Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $0 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton's neighborhood program currently has 32 officially recognized neighborhoods. As the program continues to grow, standards are needed to ensure recognized neighborhoods comply with all policy requirements that accompany grants from the City, as well as the original intent of the neighborhood program. STAFF RECOMMENDATION: Adopt standards for being an officially recognized neighborhood of the City of Renton's Neighborhood Program. Rentonnet/agnbill/ bh ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT M E M O R A N D U M DATE: TO: VIA: FROM: 1t STAFF CONTACT: SUBJECT: ISSUE: October 27, 2005 Terri Briere, Council President Members of the Renton City Council Kathy Keolker-Wheeler, Mayor Alex Pietsch, Administrator N Norma McQuiller Officially Recognized Neighborhood Standards Shall the City of Renton's Neighborhood Program add more defined standards for eligibility of being an Officially Recognized Neighborhood? BACKGROUND SUMMARY: The City of Renton's Neighborhood Program began with a vision: "To promote positive communication between residents and City government." The City is committed to promoting neighborhoods by supporting community involvement to make all neighborhoods better places to live. The program fosters a sense of community by helping residents address specific concerns and provides a way for building successful neighborhoods that reflect positively on the entire community. The benefits of being a recognized neighborhood are: ■ A city liaison to work with a neighborhood, ■ Eligibility funding for neighborhood grant projects and newsletters, ■ Eligibility funding for neighborhood picnics, and ■ Information about the neighborhood on the City's website. There are currently 32 neighborhoods that are officially recognized by the Neighborhood Program. As the program continues to grow, it is crucial that standards are established to ensure that neighborhoods eligible for City funding and effort are organized in the spirit of the Program and adequately represent residents of the areas around which they are organized. Staff proposes that the following standards be applied to neighborhoods seeking official recognition: h:\ednsp\council\issue papers -agenda bills-ctte reports\2005\standards for an officially recognized neighborhood.doc A The Association is dedicated to enhancing the quality of life for residents and benefit all citizens within the Renton community. B. The Association completes a neighborhood recognition application, submits a copy of their association by-laws, and demonstrates compliance. C. The Association defines its boundaries and submits a map outlining them to the Neighborhood Program Coordinator. These boundaries may not conflict with other recognized neighborhoods and any disputes must be reconciled prior to recognition. D. All board members of an Association must reside within the defined geographic boundaries of the Association. Staff will implement the standards for being an Officially Recognized Neighborhood by: A. Establish a deadline of March 31, 2006 for compliance. B. Notifying neighborhood associations of the above standards within 60 days of the deadline. C. Conduct a workshop, facilitated by staff, to assist in developing boards and by-laws for those organizations attempting to become officially recognized. RECOMMENDATION: Implement the proposed standards for being an officially recognized neighborhood by the City of Renton's Neighborhood Program. Associations unable or unwilling to adhere to the eligibility standards will not qualify to be an Officially Recognized Neighborhood or participate in the benefits of the Neighborhood Program and will be properly notified. h:\ednsp\council\issue papers -agenda bills-ctte reports\2005\standards for an officially recognized neighborhood.doc CITY OF RENTON COUNCIL AGENDA BILL AI #: SUBMITTING DATA: I FOR AGENDA OF November 7, 2005 Dept/Div/Board.... Human Resources & Risk Management I Staff Contact ......... Michael Webby I AGENDA STATUS: SUBJECT. Renton Police Guild Non -Commissioned Unit Contract for 2006 - 2008 Renton Battalion Chief Local 864 Contract for 2006-2008 EXHIBITS: Renton Police Guild Non -Commissioned Contract Renton Battalion Chief Local 864 Contract Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution ............ Old Business......... New Business....... Study Session........ Other ................. RECOMMENDED ACTION: APPROVALS: Council Concur I Legal Dept............ X Finance Dept........ Other ..................... FISCAL IMPACT. Expenditure Required See Analysis Below Transfer/Amendment.... Amount Budgeted Revenue Generated....... SUMMARY OF ACTION: Administration requests City Council authorization for the Mayor to sign a three-year labor agreement (2006 — 2008) with Renton Police Guild Non -Commissioned Unit. The projected fiscal impact for each year is a combination of negotiations and the demand to bargain for Police Services Specialist, which are approximately $158,371, $122,688 and $135,424 for 2006 through 2008 respectively. Resources have been included in the 2006 preliminary operating budget to fund the first year of this proposed agreement. The primary changes in this multi -year agreement for Non -Commissioned personnel include: a 3% COLA each year; increase in uniform allowance, sick leave payout same as Commissioned contract, seniority layoff language and medical program funding and operation. Administration requests City Council authorization for the Mayor to sign a three-year labor agreement (2006 — 2008) with Renton Battalion Chief Local 864. The projected fiscal impact for each year is approximately $33,717, $25,322 and $72,268 for 2006 through 2008 respectively. Resources have been included in the 2006 preliminary operating budget to fund the first year of this proposed agreement. The primary changes in this multi -year agreement for Battalion Chief Local 864 include: a 3% COLA each year; a longevity incentive for one year (2008) for employees with 27 or more years in the LEOFF retirement system, an increase of .25% in uniform allowance, seniority layoff language and medical program funding and operation. STAFF RECOMIAIENATION. Approve the Renton Police Guild Non -Commissioned Unit contract and the Battalion Chief Local 864 contract for 2006 —2008. AGREEMENT By and Between CITY OF RENTON and RENTON FIREFIGHTERS LOCAL 864 BATTALION CHIEFS 2003--20852006 - 2008 Battalion Chiefs Contract 2003-2005 TABLE OF CONTENTS Preamble Article 1 ................................................... Recognition............................................................................. Article 2 3 Union Membership ................................... Article 3 .............................. Employment Practices Article 4 Retention of Benefits Article 5 ............................ Management Rights Article 6 Performance of Duty Article 7 Salaries............................................................. Article 8 Overtime Article 9 Insurance Article 10 .......................................................... Hours of Work Article11 Holidays ................................. Article 12 ........................... ...................... 13 Vacations Article 13 ................ Sick Leave Article 14 ............. Funeral Leave Article 15 ........................................................................20 Uniform Allowance Article 16 ................................................... Grievance Procedure Article 17 ..............................................................21 Savings Clause Article 18 .......................................................................22 Duration of Agreement Appendix A ........... Salaries... Appendix B ......................................... ................................24 Vacation Pro -Ration Schedule Battalion Chiefs Contract 2003-2005 PREAMBLE This Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Battalion Chiefs, hereinafter referred to as the Local, governing wages, hours, and working conditions. ARTICLE 1 - RECOGNITION The Employer recognizes the Local as the bargaining representative of all Battalion Chiefs of the Renton Fire Department consistent with Public Employment Relations Commission (PERC) certification (Case No. 10270-E-93-1698). Any members of the Local appointed by the President, shall be recognized by the Employer as an official of the Local empowered to act on behalf of the members of the unit for negotiating with the Employer. The number of official representatives shall be limited to three persons. ARTICLE 2 - UNION MEMBERSHIP Section A. All employees covered by the terms of this Agreement shall either become union members or pay a lawful service fee to the Local in lieu of union membership dues; PROVIDED: the right of non -association of Battalion Chiefs based on bona fide religious tenets or teachings of a church or religious body of which such Battalion Chief is a member shall be protected at all times, and such Battalion Chief shall pay such sum as is provided in RCW 41.56.110 and 122. Employees shall comply with the provisions of this section within thirty (30) days of hire into a Battalion Chief position. Section B. The Employer will grant to employees who are Local representatives reasonable time off with pay for the purpose of attending scheduled negotiations sessions with City officials. The employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety or result in the necessity to replace the employee requesting time off with personnel in compensated status. Section C. Upon written authorization by an employee and approval by a representative of the Local, the Employer agrees to deduct from the wages of the Battalion Chief the sum certified as union dues or service fee once each month and forward the sum to the Local's Secretary or Treasurer. If a Battalion Chief does not Battalion Chiefs Contract 2003-2005 have a check coming to him/her or the check is not large enough to satisfy the payment, no deduction shall be made from the employee for that calendar month. The Local agrees to hold the Employer harmless from any claims filed by employees against the Employer arising out of the Employer's activities to enforce the provisions of this article, except those caused by negligence of the Employer. Section D. Local 864 shall have the option during the life of this contract to direct the City to deduct a fixed dollar/percentage from the base salaries for all classifications covered by the contract. The City shall deposit such deduction biweekly into a trust fund established by the Association to pay health insurance premiums for eligible retirees and dependents as directed by the Union. Upon the exercise of this option, the Association agrees to allow the City to audit the books and records of the trust it establishes, at the City's request, and to indemnify, defend and hold the City harmless from any and all liability, claims, demands, suit or any loss or damage, or injury to persons or property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. Section E._ The employer will allow Local 864 the option to have funds deducted from their paychecks 12 times annually to allow for contribution to the IAFF Fire PAC program. The employer will cut a check once a month to Local 864 and Local 864 will be responsible for the delivery of the check to the IAFF ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel reductions, vacancies, and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and state laws relating or pertaining thereto. Section B. Personnel Files. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Fire Department. This provision shall not restrict such information from becoming subject to due process by any court or administrative tribunal. It is further agreed that information may be Battalion Chiefs Contract 2003-2005 released to outside groups subject to the approval of both the Employer and the employee. Provided, that nothing in this Section shall prevent all employees from viewing his/her original personnel file in its entirely upon request. The Employer and the employee agree that nothing of a disciplinary nature shall be inserted into the personnel file without a copy first going to the employee. All disciplinary notices or memoranda shall be removed from the personnel files after Forty-eight (48) months. Personnel files shall be released to the Civil Service Commission for the purpose of promotional examinations and in the event of disciplinary hearings. Section C. It is agreed by the Employer and the Local that both parties are obligated to provide equality of opportunity, consideration, and treatment of all members employed by the Renton Fire Department in all phases of the employment process. Therefore, both the Union and the Employer agree not to discriminate on the basis of Union activity, race, creed, sex, national origin, age, handicap (unless a bona fide occupational qualification exists), and religion. (Including those persons exercising their rights under Article 2, Section A.) Section D. An employee shall accrue senioritythrough hrough continuous employment with the Renton Fire Department including those members of the bargaining unit as a result of merger. The Employer shall establish a seniority list and shall update it at least once per calendar year. The seniority list shall be posted on the bulletin board with a copy sent to the Secretary of the Union. This list shall be established by classification. Layoffs will be based on seniority with the first layoff being the employee with the least amount of time within the Renton Fire Department. In the event of the abolishment of a position the employee(s) with the least amount of time in rank shall be laid off or dropped in rank. An employee will not be reduced in rank by more than one classification as a result of layoffs or staff reductions. In the event an employee is rehired the Chief will have the discretion to determine an adequate amount of training necessary to resume the duties of the position. If a layoff is necessary the employee will be placed on a rehire list that will last for (5) five years. In the event of rehire purposes the list will be used as the sole list and will be used until it has been depleted and or (5) years has expired. After six (6) months in a laid off status a physical Battalion Chiefs Contract 2003-2005 examination is a prerequisite for reemployment A reinstated employee shall serve a probationary period of one year if the employee has been laid off form two and one half years (2 %2) or more. A rehired employee will assume rank and time in grade equal to their classification at the time of separation ARTICLE 4 - RETENTION OF BENEFITS Section A. Working conditions which are generally prevailing but not specifically outlined in this Agreement shall, in the manner presently observed as department policy, be administered and abided by both parties to this Agreement unless changed or deleted by mutual consent. Section B. Management rights and responsibilities assigned to each Battalion Chief shall continue to be performed by him/her, void of any conflict of interest that may arise out of the fact that the Battalion Chiefs are represented by the same IAFF Local as the rank and file firefighters they supervise; PROVIDED, this shall not constitute a waiver of the Local's right to bargain under RCW 41.56. ARTICLE 5 - MANAGEMENT RIGHTS Section A. The Local recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accord with its responsibilities and powers of authority. Section B. The Employer has the right to schedule overtime work as required and most advantageous to the department and consistent with requirements of municipal employment and public safety. Battalion Chiefs Contract 2003-2005 Section C. It is understood by the parties that every incidental duty connected with fire service oriented operations enumerated in job descriptions is not always specifically described. Section D. The Employer reserves the right to discharge or discipline an employee for just cause. The Employer reserves the right to lay off personnel for lack of work or funds; or for the occurrence of conditions beyond the control of the department; or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accord with Article 10 of this Agreement. Section E. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: 1. The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies, and final determination of employee compensation. 3. The responsibilities of the fire chief and his/her delegates as governed by City Ordinance and Civil Service Rules and Department Rules and as limited by the provisions of this Agreement: to recruit, assign, transfer, or promote members to positions within the Department; to suspend, demote, discharge, or take other disciplinary action against members for just cause; to relieve members from duties because of lack of work, lack of funds, or for disciplinary reasons; to determine methods, means, and personnel necessary for departmental operations; to control the departmental budget; to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. The Local agrees that its members shall have a responsibility to promote the efficient and effective operation of the department and to assist the Fire Chief and his/her Battalion Chiefs Contract 2003-2005 delegates in ensuring such efficiency and effectiveness. The members further agree to support the Chief and his/her delegates in developing work programs, strategies, techniques, innovations and other programs to maximize department productivity. ARTICLE 6 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike and no employee shall strike nor shall he/she refuse to perform his/her assigned duties to the best of his/her ability. Section B. To the extent that any provision of this Agreement is in conflict with applicable existing Civil Service laws in effect on May of 1999, rules and regulations, the latter shall prevail. ARTICLE 7 - SALARIES Section A. Salaries for Battalion Chiefs shall reflect an 4415% differential between Battalion Chiefs and Captains of Local 864. (Captains wage plus 44-15 percent) Section B. Longevity salary allowances shall be payable on the first payday following the anniversary of the Battalion Chief: • Completion of 5 years - 2% of top step firefighter salary • Completion of 10 years - 4% of top step firefighter salary • Completion of 15 years - 6% of top step firefighter salary • Completion of 20 years - 10% of top step firefighter salary • Completion of 25 years - 12% of top step firefighter salary • Effective January 1 2008 ending December 31 2008 An employee who has reached at least 27 years of service in the LEOFF Retirement system shall receive 22% of the employee's base wage Section C. The salaries for any new classifications that may be covered by this agreement shall be subject to negotiations between the parties. Section D. Additional pay shall be awarded as an education incentive to members of the Department using the following scale and for the following achievements. The Chief Battalion Chiefs Contract 2003-2005 shall insure all educational requirements are met through an accredited program. Payments will be rounded to the nearest whole dollar. . re eRGG eR o of top step of base firefighteF's Sala of tep step of base firefighter's sala� • Four Year Degree and Two Year Fire Science Degree - 62.0% of top step of base firefighter's salary Section E. Employees shall work all bargaining unit suppression overtime at their regular rate of pay. This provision expires December 31, 2005. Section F. Battalion Chiefs performing Standby/Safety Officer duty shall be compensated at the rate of $25.00 per hour. Employees on the list will remain in a duty ready state and available to respond within one (1) hour for suppression recall and 30 minutes for a Safety Officer recall. Employees on the list will be paid for an entire 24 hour shift unless they are activated, at that time the employee will transfer to the appropriate pay rate. Battalion Chiefs may request time off in lieu of receiving monetary compensation. Time off will be accrued at the rate of '/2 day off for each week of Standby/Safety Officer duty performed. Time off in lieu of monetary compensation will be at the approval of the Chief. Section G. The City agrees to contribute 2.5% to the deferred compensation plan in exchange for voluntary participation, and successful completion of the annual fire fighter entrance agility test. The test shall be given annually in the preceding year. Any employee who does not meet the standard has 1 additional opportunity to pass the test by the end of the preceding year. Any employee receiving deferred compensation who is unable to take the agility test due to disability or sick leave will continue to receive the deferred compensation. Once the employee returns to full duty they have 90 days to complete the agility test. Section H. Paydays shall be on the 10th and 25th of each month. Should the paydays fall on a Saturday or Sunday or holiday, paychecks shall be issued on the preceding working day. The City retains the right to mandate electronic deposit of paychecks during the life of this agreement. Battalion Chiefs Contract 2003-2005 Section I. Effective with calendar year 2003, the City will issue semi-monthly paychecks. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. Section J. The Employer agrees to contribute ene-three.five percent (4-03_5%) of the employee's base wage per annum to a deferred compensation or income protection plan eff8GtiVe io ' and iRGF This contribution shall expire December 31 2008 ARTICLE 8 -OVERTIME Section A. Unless otherwise provided by the terms of this Agreement, in the event that a need for overtime should occur in the Fire Department because of emergency, sickness, or other unforeseen conditions, the current procedures will be used by the Employer. Section B. Battalion Chiefs assigned to days may work suppression overtime without having to use vacation or holiday time when approved by the employee's immediate supervisor. The employee may use vacation, holiday, comp time, or executive leave time at their option. Battalion Chief's suppression overtime rate will be 135 times their normal rate of pay. (Non suppression overtime training and meeting for example will be at the current straight time rate.) ARTICLE 9 - INSURANCE Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Local agrees to participate in the Health Care Task Force and to identify and support cost containment measures. Battalion Chiefs Contract 2003-2005 Section B. The City will provide a medical/dental , vision, and prescription drug insurance program for bargaining unit members and their eligible dependents. The • • •• • r dental • •eFthedentia, preGGFiptiondrugs andvision • •• • •• •r•r • •r• • •� • •• •.. The City and union agree to jointly manage the program during the term of this agreement. Renton _Employees' Health Plan Board of Trustees is comprised of the Firefighter Union Local 864, other participating unions and the City will meet at least annually to review the program including costs associated with the program. Members of the Renton Employees' Health Plan Board of Trustees Task FoF-se-are authorized to make changes in the program from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the plan(s). Changes in the program will be determined by a majority of the votes cast by Renton Employees' Health Plan Board of TrusteesTask Forse members. A tie vote will result in no change in existing benefits. In 2006 the employee portion of the medical/dental premium shall remain at the same level as in 2005. The City will pay the remaining portion of the medical/dental premium necessary to fund the projected medical/dental program cost for the calendar year 2006. The 2005 surplus as of 12/31/2005 will be frozen and not used to subsidize 2006 premiums but will be rolled over to 2007. Effective 01/01/2007 the City agrees to increase its share of the 2007 premium by 10 percent above the 2006 level. Any premium increase above 10 percent will be addressed by the Renton Employees' Health Plan Board of Trustees through program Battalion Chiefs Contract 2003-2005 redesign or a 50/50 split of the additional costs necessary to fund the program through 2007. Should premiums necessary to fund the projected program costs for 2007 increase less than 10 percent the Renton Employees' Health Plan Board of Trustees shall have the option to distribute the funds as they see fit proportionately to their constituents. Effective 01/01/2008 the City agrees to increase its share of the 2008 Premium by 21 Qercent above the 2006 level. An remium increase above 21 Percent will be addressed by the Renton Employees' Health Plan Board of Trustees through_ program redesign or a 50/50 split of the additional costs necessary to fund the program through 2008. Should premiums necessary to fund the ro'ected Pro -gram costs for 2008 increase less than 21 ercent the Renton Em to ees' Health Plan Board of Trustees shall have the option to distribute the funds as they see fit proportionately to their constituents. Definitions. Funds: Stock of money in excess of the oroiected Premium amount totalIBNR: Incurred But Not Reported. ..State Risk Manager recommends 20% o claims be set aside to cover 1QNR s •• D- ... !• • • s ••. •• Battalion Chiefs Contract 2003-2005 .. 7.0% the task fOFGe•• - OR Ghanges and pFegFarn .0% then the URion and .� .. 10 .. Renton Emolovees' Health Plan Board of Trustees TACK FORCE - Includes members of each participating Union. Each union mn,�g)e-r--will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the Renton Employees' Health Plan Board of Trusteestask f$rGe. The City only receives one (1) vote also. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. PREMIUM The self funded is fully On 2003. IRGFBase by to 7.0% iR 2004 plan paid up .. .0 ... PLAN CHANGES — The members of the Renton Employees' Health Plan Board of Trustees shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. VOTING — A tie vote of the Renton Employees' Health Plan Board of Trustees Taak er8e members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City's agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example — City takes first 7.0%; Cost increases 15.0%; City pays 50% of the additional 8.0% and members pay 50% of the additional 8% Battalion Chiefs Contract 2003-2005 0 0 Section C. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary rounded to the nearest $1,000 including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee's spouse and $1,000 for each dependent. Section D. When A -a LEOFF II employee or dependent's health care benefits ceases the employee or dependent shall be offered DepaFtFneRt of Labor & 'RduStFieS Shall be PFE)vided by the medical and dental i�I;;nrP en_under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of twelve-(43eighteen (18) months following the date the condition is declared fixed and stable. em�lo-yee-ei�l-y: Section E. Health and Wellness program. The employer arees to a 10.00 month per employee to promote health and wellness within the Renton Fi Department. The employees agree to pay $5 00 per month per employee to promo health and wellness within the Renton Fire Department. This amount will be deductE from the employees a check on the 10th of each month. The funds will be laced in separate account and carried over each year. These funds shall be used accordance with Renton Fire Department Policies. ARTICLE 10 - HOURS OF WORK Section A. The normal schedule for employees of the Administration, Fire Prevention, and Training divisions shall be equivalent to 40 hours per week exclusive of lunch. Workdays shall commence at 0800 hours Monday through Friday, or as established by mutual agreement. Non -Suppression Battalion Chiefs will work iin to two 2 hours of non compensated time Der month. Two hours per month not 24 hours Mar ear . Section B. The normal working schedule for the Fire Suppression division shall be in twenty-four (24) hour shifts as follows: Battalion Chiefs Contract 2003-2005 1. Employees will receive one "Kelly" shift every six (6) regularly scheduled shifts to reduce the normal workweek to 46.6 hours. 2. One hour for lunch and one hour for dinner and rest breaks will be allowed, in accordance with Fire Department Rules and Standard Operating Procedures. Section C. Employees may exchange shifts with prior approval of the Fire Chief, or his/her designee. No shift exchange shall be made which will result in extra payroll cost to the Employer. The employer agrees to allow the employee to complete up to (8) eight Full work exchanges in a one year period beginning in January 1 ending December 31. Work Exchanges do not have to be paid back in the same calendar yea r. Section D. Day Shift Differential. Employees assigned to day shift for 30 consecutive days or more (excluding light duty) shall receive an additional 45.0% of the employee's base wage per pay period. Section E. Working Out of Classification. Employees assigned the duties of a higher classification shall be compensated in accordance with City Policy & Procedure #300-41. ARTICLE 11 -HOLIDAYS Section A. The following are recognized as legal holidays and shall be taken by all personnel working a 40-hour work week: 1. The first day of January, commonly called New Year's Day. 2. The last Monday in May, commonly known as Memorial Day. 3. The fourth day of July, being the anniversary of the Declaration of Independence. 4. The first Monday in September, to be known as Labor Day. Battalion Chiefs Contract 2003-2005 5. November 11 (Veteran's Day). 6. The fourth Thursday of November, to be known as Thanksgiving Day. 7. The fourth Friday of November, the day after Thanksgiving Day. 8. The twenty-fifth day of December, commonly called Christmas Day. 9. The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas Day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 10. Three floating Holidays of the employee's choice. 11. Any other day designated by public proclamation of the Chief Executive of the State as a legal holiday. All personnel working 24-hour shifts shall receive five (5) shifts off in lieu of the above holidays. The employee may at his/her option, sell back from one (44z ro 0 to fear five (45) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be paid by the end of February of each year. The Holiday sellback check will be issued on a separate voucher. FeG6ved on january 5�' ,,, 4-0tb eaGh year t4efeaf. e f Scheduling of holiday time off will be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire Department Rules and Standard Operating Procedures. Those employees required to work Thanksgiving or Christmas Day shall receive compensation at the double-time rate for the hours worked during those holidays. Battalion Chiefs Contract 2003-2005 The holiday conversion factor of (40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated holiday hours to their payroll holiday account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. ARTICLE 12 - VACATIONS Section A. The use of vacation is based on the calendar year and will be pro -rated based on the date of hire. During the first five years, and longevity breaks, the member will plot the number of full shifts accrued the prior year. The member can either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. 24-hour shift personnel will not carry over any vacation from year to year. Day staff personnel are allowed to carry over up to 2 years of vacation leave. At the discretion of the Chief, any member unable to use plotted vacation due to illness/injury, or recall to active military duty, may be paid at the straight time rate or be allowed to re -plot time off in the affected year. Personnel hired mid -year will use vacation on a pro -rated basis (See Appendix C Vacation Pro -ration Schedule). The following vacation benefit schedule shall be applicable to members hired January 1 of any year: Calendar Year Hours/Shifts In Service used per year 1 St 0 2 72 hrs/3 shifts 3 96 hrs/4 shifts 4 120 hrs/5 shifts Battalion Chiefs Contract 2003-2005 5 144 hrs/6 shifts 6-10 yrs 216 hrs/ 9 shifts 11-15 yrs 264 hrs/ 11 shifts 16 — 20 yrs 312 hrs/ 13 shifts 21 + yrs 336 hrs/ 14 shifts Each year, in the month of September, Labor and Management will produce agreed upon vacation hours for all members. The hours will be entered by Finance into each member's vacation account to be used the following year Section B. When a member is assigned to days, or moved back to 24-hour shift, the vacation conversion factor (40/46.6 = .858) will be used. When a member is temporarily assigned to days for longer than 1 pay period, due to illness, injury, or temporary assignment, sick leave, holidays and vacation will be converted if necessary. Upon re -assignment to shift, the remaining hours will be converted back to shift. To convert from 24-hour shift to days: shift vacation allocation x .858 = day staff vacation hrs To convert from day staff to 24-hour shift: day staff vacation balance _ .858 = shift vacation hrs All members will be allocated hours to their payroll vacation account based upon their 24-hour shift/day staff assignment. In cases of mid -year assignment changes, the unused portion of vacation will be converted. At the discretion of the Chief, when a day staff member is assigned mid -year to 24-hour shift, the converted vacation hours will be plotted in the affected year, or paid at the straight time rate. Section C. Scheduling of vacation time shall be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire Department Rules and Standard Operating Procedures. When staffing levels permit, a certain Battalion Chiefs Contract 2003-2005 number of available staff shall be permitted to schedule time off, including any holidays, "Kelly" days and bonus sick days that may have accrued. ARTICLE 13 -SICK LEAVE Sick leave benefits are hereby fixed and established in the following manner: Section A. The employer agrees to allow each LEOFF I employee hired before October 1, 1977 sick leave benefits computed on the following basis: All LEOFF I members will accrue sick leave at a rate of - Twenty- four (24) hours per month up to a maximum balance of one -hundred sixty-eight (168) hours and at a maximum accrual rate of 168 hours per year. Section B. In case of sickness or disability, the LEOFF I employee shall first use and exhaust any and all sick leave benefits accrued pursuant to Subsection A herein above prior to receiving any sick or disability benefits pursuant to RCW 41.26.150 and/or for RCW 41.26.120. Sick leave benefits shall not be accrued during any period while such employee is on "disability leave" or "disability retirement" under the provisions of the LEOFF System. However, if such employee is returned to full active duty with the Employer prior to the expiration of the six-month period and prior to any final disability retirement, then such leave credit shall accrue to his/her benefit during such temporary period of disability. Section C. The LEOFF II Employer agrees to allow each employee hired after October 1, 1977, sick leave benefits computed on the Following, basis: All LEOFF 11 members will accrue sick leave at a rate of - Twelve (12) hours per month up to a maximum accrual of one -thousand four -hundred forty -hours (1,440). Battalion Chiefs Contract 2003-2005 Sick leave benefits under this paragraph will begin accruing upon employment with the award of the thirty-six (36) hours of sick leave. Upon completion of the third month of employment, an additional thirty-six (36) hours of sick leave will accrue at the rate of twelve hours per month to a maximum of 1,440 hours. At no time shall the total sick leave accrued under this section and the supplemental sick leave benefits available under Section H exceed 1,440 hours. Cash payment for sick leave accrued under Section C of this Article will be made upon an employee's death, retirement or voluntary separation while in good standing at the rate of one-half (1/2) regular pay for each hour accrued. Employees hired on or after January 1, 1994 shall not be eligible for cash out of accrued sick leave. This provision does not apply to any injury leave benefits provided under Section D and supplemental sick leave benefits provided under Section H of this Article. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty -related. Section D. All LEOFF II personnel shall be granted an injury leave loan bank for duty related disabilities in the amount of twelve (12) shifts. This loan bank, if used, shall be paid back to the Employer at the rate of one shift per month for those shifts used but not accrued. Accruals shall be at the rate of one (1) shift per month. The injury leave loan bank shall be used as a supplement to any industrial insurance compensation, or other disability leaves as described in Section C of this Article, received for disabilities that are determined to be duty related. In no way will total compensation exceed that of the base pay of the disabled employee. If an employee terminates employment with the Employer for reasons other than disability, lay-off, or retirement, the value of any injury leave used from this bank but not accrued shall be paid back to the Employer through payroll deduction. Battalion Chiefs Contract 2003-2005 Sick leave accruals earned pursuant to Section C of this Article may be applied to cover duty -related disabilities, which exceed the injury leave loan bank balance. The balance from the injury leave loan bank is not transferable or applicable to non -duty related disabilities. Section E. In any case where a LEOFF II employee is entitled to benefits under the State Worker's Compensation Act or similar legislation providing payments for duty related injuries, the employee shall be allowed to supplement benefits received under the Worker's Compensation Act or similar legislation, up to 100% of base salary, using any accrued leave. This benefit shall exist until such time as the employee is returned to duty or is declared "fixed and stable, with a disability preventing return to duty" by the Department of Labor and Industries. Section F. Accrued sick leave may be used to care for a child under eighteen years of age with a health condition that requires treatment or supervision, including preventative health care, as specified in WAC 296-130-010 through 296-130-500. For the purposes of this section, child is defined as the natural or adopted child of the employee, the natural or adopted child of the employee's spouse or a child under the employee's legal guardianship, legal custody, or foster care. Available sick leave may be granted upon permission from the Chief of the Department or, in his/her absence, the senior officer in charge in the case of sudden family emergencies other than the care of a child under eighteen years of age with a health condition that requires treatment or supervision. Such sick leave shall be used in accord with department regulations. Section G. Any LEOFF I and LEOFF II employee who accrues sick leave benefits under Sections A and C of this Article and who uses (0) Zero hours of sick leave in the proceeding calendar year will have the option to be paid double time for a 24 hour shift or shall be entitled to one extra shift off the succeeding calendar year. Any employee Battalion Chiefs Contract 2003-2005 who uses >0 or equal to 24 hrs of sick leave will have the option to be paid at 1 %2 time for a 24 hour shift or shall be entitled to one extra shift off the succeeding calendar year. Any employee who uses > 24 or equal to 48 hours of sick leave will have the option to be paid at a straight time rate for a 24 hour shift or shall be entitled to one extra shift off the succeeding calendar year. This option is for the year of 2006 only. For the year 2007 and 2008 all employees will be paid for the above schedule and will not have the option to plot. The personal holiday may be plotted outside the limits of the Vacation and Holiday Schedule which may exceed the maximum determined b administration of one plot per shift in 2006.,Day staff will be calculated at the conversion rate of. rounded to the nearest whole hour for all hours in this section. This check will be paid on a separate voucher on the second payday in Februarys (20 heuFs or less and August BGRus day. The S'Gk Leave Bonus d jetted outside the limits of the Section H. During the term of this Agreement, Suppression personnel hired after October 1, 1977 (LEOFF II ) may, in case of personal illness or off duty disability, be granted supplemental sick leave upon permission from the Chief of the Department after any and all sick leave accrued pursuant to Section C of this Article has been exhausted. Supplemental sick leave benefits shall be computed at the rate of twelve (12) hours per month for each full month of employment from January 1, 1994. At no time shall the total sick leave accrued under section C of this Article and the supplemental sick leave benefits available under this section exceed 1,440 hours. Battalion Chiefs Contract 2003-2005 Section I. All LEOFF II employees having an extended injury or illness are eligible for up to 12 months of light duty. Light duty is to be administered as per Renton Fire Department Standard Policies and Procedures #500-28. Section J. The sick leave conversion factor of (40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated sick leave hours to their payroll sick leave account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. ARTICLE 14 - FUNERAL LEAVE Time off with pay for up to 1 shift or day shall be allowed employees covered hereunder for the purpose of attending a funeral of the employee's mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandchild, or grandparents. When special conditions exist, up to three shifts of sick leave may be granted, upon proper request, for the purpose of attending a funeral as described above. All requests for extended funeral leave shall be approved by the Fire Chief. embers of the B milv members o interruption in r employees. Employees scheduled to work the da, the service within their response area and will res ree that daily work schedules will be completed as if m attendina a funeral service and would result in no e L ay. ARTICLE 15 - UNIFORM ALLOWANCE Section A. Uniform Allowance. Each employee shall receive a uniform allowance of 1.25% of top step of firefighter annual base pay. The Uniform allowance paycheck will Battalion Chiefs Contract 2003-2005 be paid on a separate voucher on the Second Payday in Februa aP-an,a th 'januaryeaGh -year -thereafter-in The purpose of such allowance is to buy, maintain, and/or repair any equipment or clothing required by the Employer which is not furnished by the Employer. All employees covered shall have and maintain 3 house uniforms after the year 2002 2006 uniform allowance. The employee will also be required to maintain a pair of approved safety boots as stated in the SOP's. The replacement costs of these boots will be born by the employee The allowance is subject to a pro rata deduction from the employee's final paycheck in the event he/she does not serve the entire twelve months for which such payment was made, with the exception of an employee who retires or expires, in which event no deduction shall be made. In lieu of this allowance and at the employer's option, a quartermaster system may be instituted. Under this program the employer would purchase and maintain, including cleaning, any equipment or clothing required by the employer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Periodic inspections may be conducted at the discretion of the Chief to monitor the appearance and serviceability of uniform clothing and equipment. It shall be the responsibility of the individual employee to replace any piece of clothing or equipment, which the Chief determines, is substandard. The Employer shall furnish all protective clothing or protective devices required of the employees in the performance of their duties_, , to the employees. Such protective clothing and devices will remain the property of the Employer and shall be worn only in the performance of Renton Fire Department duties. Battalion Chiefs Contract 2003-2005 ARTICLE 16 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 9: The Local's Grievance Committee, upon receiving a written and signed petition within two (2) weeks of actual grievance, shall determine if a grievance exists. If in their opinion no grievance exists, the matter is closed. Step 2: If in the opinion of the Grievance Committee a grievance exists, the Committee shall within two weeks after receiving the grievance present the grievance in writing to the Chief of the Fire Department for adjustment. Step 3: If within ten (10) business days the grievance has not been settled, it then shall be submitted to the Mayor. Step 4: If within ten (10) business days the grievance has not been settled in Step 3, it shall then be submitted to arbitration for adjustment. The power and authority of the Arbitration Board shall be limited to the interpretation of the terms of this Agreement. The Board shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the express terms of this Agreement. The Arbitration Board shall consist of a representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members and who will preside as Chairman. If the two cannot agree within seven (7) days on the selection of the Chairman, the matter then shall be submitted to the Federal Mediation and Conciliation Services for seven (7) names of Arbitrators who reside in the State of Washington. The Employer and the Local shall strike names alternately, the final remaining name shall be the neutral third party. Each party will pay for his/her own arbitrator and the expenses of the third will be shared equally between the parties. Meetings of the Arbitration Board shall be attended by all three members. A decision of the majority of the Arbitration Board shall be final and binding on all parties as to the issues submitted to it for decision. ARTICLE 17 - SAVINGS CLAUSE Battalion Chiefs Contract 2003-2005 Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such articles. Section B. The Employer and the Local reserve the right to address, through reopening of the contract, any effects that the Fair Labor Standards Act, or any amendments thereto, may have on the application of the provisions of the Labor Agreement. Battalion Chiefs Contract 2003-2005 ARTICLE 18 - DURATION OF AGREEMENT Section A. This Agreement shall become effective January 1, 20032006, and shall remain in full force and effect until December 31, 20052008 Section B. The Agreement expressed herein in writing concludes collective bargaining for its term and constitutes the entire Agreement between the parties. All rights and duties of both parties are specifically expressed in this Agreement and such expression is all-inclusive. No oral statement shall add to or supersede any of its provisions. Section C. For the duration of this agreement, no party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. Signed this day of Washington. CITY OF RENTON: Mayor Fire Chief Human Resources & Risk Management Administrator ATTEST: City Clerk Approved As To Form: 2-002-2005 at Renton, RENTON BATTALION CHIEFS: President City Attorney Battalion Chiefs Contract 2003-2005 Appendix A Salaries Section A. Effective January 1, 20032006, salaries shall be increased by 3.0%.115% of Captain's 2006 base wage. Effective January 1, 2404-2007 and January 1, 2805 2008 salaries shall be increased by 3.0%. Section B. The following employee base wage shall be in effect during the life of this contract: January 1, 20032006 $35.2239.87 per hour January 1, 20042007 $36-2741.06 per hour January 1, 28952008 $37-3642.29 per hour $74-328,073 per month $7;346.8,315 per month $7-,5668,565 per month Hourly rates are based on 2430 hours per year. Battalion Chiefs Contract 2003-2005 APPENDIX B VACATION PRO -RATION SCHEDULE Members hired mid -year will use vacation based on the following schedule: Calendar Yr Hrs/Shifts Pre -hire date Post -hire date in Service used per Year accrual/pp accrual/pp 1 0 3 2 Prorate 3 4 3 Prorate 4 5 4 Prorate 5 6 5 Prorate 6 9 6 Prorate 9 9 7-9 216 hrs/9 shifts 9 9 10 216 hrs/9 shifts 9 11 11 Prorated 11 11 12-14 264 hrs/g-11 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/44-13 shifts 13 13 20 312 hrs/44-13 shifts 13 14 21 Prorated 14 14 21+ 336 hrs/ 14 shifts 14 14 Mid year hires - Start accruing 3 hours per pay period from the starting date. For the first 5 years, on the anniversary date, the accrual will be raised to the next level. Therefore, each of those years the number of shifts taken will be based on what had accrued the prior year. The member would plot full 24-hour shifts, and either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. In earning the prior year what they use the following year, they would earn odd hours in the year of the 5th, 10th, 15th and 20th year anniversary, and use what they accrued the prior year. The odd hours would be affecting the vacation plotted the year following their anniversary. Mid year retirement/termination — based on the date of retirement/termination, the number of vacation hours unused for the current year, plus the number of hours accrued in the current year would be paid out to the employee. AGREEMENT By and Between CITY OF RENTON and NON-COMMISSIONED EMPLOYEES OF THE RENTON POLICE OFFICERS' GUILD Police Non -Commissioned 2006-2008 TABLE OF CONTENTS Preamble........................................................................................... 3 Article 1 Recognition and Bargaining Unit Article 2 ....................................................... 3 Union Membership and Dues Deduction Article 3 .......................................... 3 Employment Practices Article 4 ...................................................................... 5 Hours of Duty and Overtime Article5 ............................................................. 6 Salaries ........................................................................................... 10 Article 6 Allowances and Premiums Article7 ................................................................ 10 Sick Leave ........................................................................................ 13 Article 8 Holidays ........................ ............................................... ................... 14 Article 9 Tuition Reimbursement Article 10 ...................................................... Educational Incentive Article 11 ........................................................................ 15 Personal Leave Article12 ................................................................................. 15 Longevity........................................................................................... 18 Article13 Pensions ........................................................................................... 18 Article14 Insurances ........................................................................................ 18 Article15 Bill of Rights...................................................................................... 20 Article 16 Management Rights.......................................................................... Article 17 24 Grievance Procedure Article 18 ........................................................................ 24 Performance of Duty......................................................................... Article 19 26 Retention of Benefits Article20 ........................................................................ 26 Pay Days........................................................................................... 27 Article 21 Savings Clause Article 22 ................................................................................. 27 Entire Agreement Article 23 .............................................................................. 29 Duration of Agreement AppendixA ...................................................................... 29 Salaries ........................................................................................... 30 Appendix B Longevity/Education Premiums Appendix C ............................................... General Order No. 52.1...........................................................33 Appendix D Medical Release Form............................................................42 Police Non -Commissioned 2006-2008 PREAMBLE The rules contained herein constitute an Agreement between the City of Renton, hereinafter referred to as the Employer, and the Renton Police Officers' Guild, Non - Commissioned hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended that this Agreement, achieved through the process of collective bargaining, will serve to maintain good relations between the Employer and the Guild, to promote efficient and courteous service to the public, and to protect the public interest. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. The Employer recognizes the Guild as the exclusive representative of all non-commissioned employees for the purpose of bargaining with the Employer. A non-commissioned employee is defined as outlined in RCW 41.56.030(2). The Guild represents those classes listed in Appendix A. Section B. The Guild President, or any other members of the Guild appointed by the President, shall be recognized by the Employer as the official representatives of the Guild for the purpose of bargaining with the Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. Section C. The number of representatives of the Guild and the Employer at any negotiating session shall be limited to five (5) members each, unless waived by mutual agreement of the parties. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. The Employer recognizes that members of the Renton Police Department may, at their discretion, become members of the Guild when such membership has been duly approved in accordance with the provisions of the Guild's Constitution and By -Laws. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Section B. Union Security 1. All employees covered by this Agreement who are or become members of the Guild on or after the effective date of this Agreement shall maintain their membership in good standing with the Guild. 2. All employees covered by this Agreement hired on or after its execution date shall, within sixty (60) days following the beginning of such employment, become and remain members in good standing in the Guild. Police Non -Commissioned 2006-2008 3. Any employee failing to comply with subsections B.1 or B.2 of this Article shall, as a condition of continued employment, pay each month a service charge equivalent to regular Guild dues to the Guild as a contribution toward the administration of this Agreement. 4. The right of non -association of members of the Renton Police Department based on bona fide religious tenets or teachings of a church or a religious body of which such public employee is a member shall be protected at all times, and such public employee shall pay such sum in such manner as is provided in RCW 41.56.122. 5. The Guild will notify the Employer in writing of the failure of any employee to comply with any of the applicable provisions of this section. The Employer agrees to advise the employee that his/her employment status is in jeopardy and that failure to meet the applicable requirements of this section will result in termination of his/her employment within ten (10) days. If compliance is not attained within the aforementioned ten (10) days, the Employer shall terminate said employee. Section C. Union Officials' Time Off. 1. Official representatives of the bargaining unit shall be given time off with pay to attend meetings with City representatives or to attend Guild meetings, provided reasonable notification is given. Representatives assigned to graveyard shift may be released by 2300 hours with supervisor's approval when necessary to attend such meetings. 2. Official representatives of the bargaining unit shall be given time off with pay to attend Guild related conferences (not to exceed three working days for a single function). The allowable aggregate of such time off shall not exceed one hundred sixty (160) hours in one calendar year. Provided, that a copy of the agenda of the meeting is submitted to the Chief, at least 14 calendar days prior to the meeting and that the Guild waives the right to working out of classification pay should a replacement be needed to assume the duty of the Guild representative granted time off. 3. The Employer retains the right to restrict time off under subsections 1 and 2 above if an emergency exists or when such time off would unreasonably impact departmental operations. Section D. Dues Deduction. Upon written authorization by an employee and approval by the Guild Executive Board, the Employer agrees to deduct from the wages of each employee the sum certified as initiation dues and assessments twice each month as Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any employee does not have a check coming to him/her or the check is not large enough to satisfy the assessments, no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. The Guild agrees to indemnify and hold harmless the Employer for any claims, with 4 Police Non -Commissioned 2006-2008 the exception of those caused by the Employer's negligence, arising out of the Employer's activities to enforce the provisions of this Article. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel Reduction. if the Ernpleyer deern6 it ReGessaFy to Fedu the number of empleyees iR any job GlaGSifiGation within the PGliGe ■layoffs shall be made in aGGGFdaRGe with PEAG8 GiVil SeFVeGe Rules and - Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 1. Seniority — Seniority will be determined by the employees most recent hire date in the bargaining unit. a. In the event of a tie, the determining factor will be placement on the eligibility list. b. Leaves of Absence will not be subtracted from seniority 2. Probationary Employees (first appointment) — in reverse order of seniority; the one with the least seniority being laid off first. 3. Non -Supervisory Regular Employees - in reverse order of seniority-, the one with the least seniority being laid off first. 4-. Supervisors — In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a. Lead Specialist reduced to Specialist. b. Supervisor reduced to Lead Specialist — in reverse order of seniority in rank; the one with the least service in the position of Supervisor being reduced in rank first. c. Sergeant reduced to Jailer - in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first. 5. Reinstatement — Employees laid off or reduced in rank shall be recalled to vacant positions in order of their department seniority; a. Non -Supervisory Regular Employees - the employee with the greatest seniority being recalled first. Police Non -Commissioned 2006-2008 b. Supervisory Employees — The employee with the greatest seniority in rank being reinstated first An employee may be recalled within two years from the date of layoff Section B. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. Section C. Personnel Files. 1. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court, administrative tribunal, or as required by law. Reasonable notice shall be given the employee should the Employer be required to release the personnel file. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and the employee; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. Nothing shall be added to or deleted from the file unless the employee is furnished a legible copy of same. Such papers shall also be made available to the elected or appointed officers of the Guild at the request of the affected employee. 2. Inspection of Papers. The application and examination papers of an employee shall be available for inspection by the appointing authority, the Chief of Police, and affected employee. Employees shall be allowed to review a copy of any adverse documentation before it is placed in the file. The employer shall maintain a single personnel file and there shall be no secret files. Materials for the purpose of supervisor evaluations shall be expunged if not made part of the personnel file. Such papers shall also be made available to the employee upon request, and to the elected or appointed officers of the Guild at the request of the affected employee. Written warnings shall be expunged from personnel files (at the employee's written request) after a maximum period of two years if there is no recurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline shall be expunged from the personnel files after a maximum period of five years if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer's case if it is engaged in litigation with the employee regarding that employee's employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files Police )\OI]-Commissioned 2006-2008 although such files may not be used in discipline and discharge cases if they could not otherwise be retained in personnel files pursuant to this section. Section D. Rehires. In the event a certified employee leaves the service of the Employer due to reduction in force and within the next two years the Employer rehires said former employee into the same classification to which he/she was assigned at the date of reduction, such employee shall be placed at the same step in the salary range which he/she occupied at the time of the original reduction. Section E. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed one year. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one year. During that period, employees may be reverted to their former positions without resort to the Civil Service or the grievance procedure for failure to pass probation. Section F. Non -Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, sex, age, marital status, national origin, or physical, mental, or sensory handicaps unless based on a bona fide occupational qualification. The Employer agrees not to discriminate against employees because of union membership or lawful union activities. It is recognized that employees who feel they have been victims of discrimination shall be entitled to seek relief or redress through the grievance procedures contained in this Agreement or through the City of Renton Fair Practices Policy. ARTICLE 4 - HOURS OF DUTY AND OVERTIME Section A. Hours of Duty. The required hours of duty for employees in the bargaining unit shall be 2080 hours per year, based on a work week of: five (5) consecutive days on duty followed by two (2) consecutive days off duty (5/2) unless otherwise provided in this Article. 1. The workweek for all or some employees may be revised upon mutual agreement between the Guild and Police Administration. Mutual agreement on revised work schedules shall be documented in written format and a copy sent to the Human Resources & Risk Management Administrator. Police Non -Commissioned 2006-2008 - e - L- �. _� The schedules shall be: 2. Jailers and Jail Sergeants shall work three (3) consecutive days on followed by three (3) consecutive days off (3-3 twelve (12) hour schedule). For section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C.,207)(k) shall be twenty-four (24) days. I Employees assigned to a 3/3 twelve (12) hours shift shall receive a schedule adjustment pay of 5.24% of base wage per month. This schedule adjustment pay reflects the addition of 109 hours worked per employee (2189 total hours per year). 3. Electronic Home Detention Officer (EHD) shall work a 9/80 schedule. The 4. Evidence Technicians shall work 4/10 schedule, ten (10) hours a day, four (4) days a week followed by 3 days off. If for any reason either the EHD or Evidence Technician fall below the staffing level of two (2) officers for an extended period of time their schedule shall revert back to a 5/2 schedule. 45. Police Service Specialists shall work a four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. 46. Animal Control Officers shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. Police Non -Commissioned 2006-2008 57. The Traffic Controller shall work a -four (4) consecutive eight (8) hour days on, followed by three (3) consecutive days off., . _ .. rim r... .. "RINIMI-1001-01 PER IMW '. - - •- 8. Police Secretaries shall work a 9/80 schedule. If staffing is less than three (3) employees for an extended period then Police Secretaries will revert back to 5/2 schedule. (5 consecutive eight (8) hour dam two (2) consecutive days off ,Monday through Friday). 9. Community Program Coordinators shall work four 9/80 schedule. 10. The Domestic Violence Victim's Advocate shall work five (5) consecutive eight (8) hour days on, followed by two (2) consecutive days off schedule, Monday through Friday. The rotation of personnel between shifts shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notification shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary employees, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. Section B. Overtime. 1. Except as otherwise provided in this Article and when required by the Fair labor Standards Act, employees shall be paid at the rate of time and one- half for all hours worked in excess of their regular shift. Overtime will not be paid for hours in excess of a scheduled shift resulting from a regularly scheduled shift rotation. 2. Employees required to work on any regular or approved day off shall be paid at the rate of time and one-half for the first day and double time for the second and subsequent consecutive days EXCEPT in the event of an emergency when overtime shall revert to the time and one-half rate. Police Non -Commissioned 2006-2008 3. All employees shall be paid time and one half for each hour worked in excess of forty (40) hours in one week, provided, these overtime hours have not already been paid under Section 6.1 above. 4. Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. 5. Employees may not accumulate less than fifteen (15) minute increments of overtime. 6. In recognition of Fair labor Standards Act (FLSA) guidelines, overtime shall be computed on the base pay of the employee and shall include any premiums as described in Article 6 of this Agreement in calculation of the overtime rate. Section C. Overtime Minimums. In the event overtime is not in conjunction with a regularly scheduled shift, the minimum payment shall be as set forth herein. The rate of pay for minimums shall be time and one-half. However when section 4.13.2 applies, the employee may choose either the double time rate for all hours worked or the time and one-half rate for the applicable minimum. Court minimums shall not overlap. 1. Three (3) hours for any court or related hearing located in Renton. 2. Four (4) hours for any court or related hearing outside the City of Renton. 3. Four (4) hours for any required court attendance within nine (9) hours of the end of a graveyard shift within the City of Renton and five (5) hours outside the City of Renton. 4. Two (2) hours for any other unspecified overtime including in -person meetings with the prosecutor's office or defense counsel Section D. Compensatory Time. The Employer shall pay all authorized overtime requests on a cash basis, provided that employees shall be allowed to elect compensatory time in lieu of overtime cash payment up to a maximum accrual of forty (40) heuFs_ eighty ( - Nothing in this Section shall be construed as to prohibit the employee option of requesting compensatory time off in lieu of paid overtime, provided that the accumulation and use of such time is approved by the Administrative Officer or Officer officially acting in that capacity. In December of each year, the Em to er has the o tion of urchasin all or compensatory time accumulated by employees Section E. Standby. The Employer and the Guild agree that the time shall be minimized. Standby assignments shall use of standby be for a fixed, Police Non -Commissioned 2006-2008 predetermined period of time. Employees placed on standby status by a member of the Police Department Command staff, shall be compensated on the basis of one (1) hour straight time pay for each two (2) hours of standby or fraction thereof. If the employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. Section F. Compensation for Training. 1. The Employer shall have a reasonable obligation to attempt to schedule training during the employee's regular shift. 2. Training On a Scheduled Work Day, Not Requiring Overnight Accommodations: If the scheduled off -site training day exceeds six (6) hours and occurs on the employee's workday, the hours of training shall constitute an entire workday, regardless of the employee's hours of duty: The employee agrees to waive any overtime resulting from attendance at any training school or session on a scheduled workday provided that the affected employee is relieved of all police duties as follows: (a) When the training occurs on the first scheduled workday of the shift, the employee shall be relieved of duty sixteen (16) hours following the conclusion of the training. (b) When the training occurs on the last scheduled day of the work shift, the employee shall be relieved eight (8) hours prior to reporting for training. (c) When the training occurs on all days between the first and last scheduled days of the work shift, the employee shall be relieved eight (8) hours prior to and sixteen (16) hours following the training session, except that employees working day shift may be required to report to work twelve (12) hours following the training session. 3. Training Requiring Overnight Accommodations: Employees who attend training that requires overnight accommodations shall be paid at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8) hours per day, provided they are traveling during a regularly scheduled work day, or if on a day off, the training was specifically required by the Employer. For employees on a day off where training was voluntary, no compensation will be paid for travel and lodging time. 4. Per diem: Members shall receive per diem as follows; Police Non -Commissioned 2006-2008 (a) $8 for Breakfast; $12 for Lunch $17 for Dinner i. If at any time during this contract period the City policy reflects a higher allowed per diem amount the higher amount will be implemented. (b) Members will receive the full per diem regardless of what then actually spend. (c) Receipts are not required to receive the per diem (d) Per Diem may be paid in advance (e) If a meal is included as part of a conference or seminar registration the per diem amount for that meal is deducted from the daily rate (for exampl), per diem less lunch: $37 00 - $12:00 = $25 00). Section G. Early Release 1. Employees working the 3/3 twelve (12) hour schedule who are required to report to work for any reason other than in -se iice training between two rave and shifts or following a graveyard shift shall be relieved from duty at least eight hours prior to having to report to duty without loss of time or overtime minimums. 2. Employees working the 3/3 twelve (12) hour schedule who appear in court five (5) hours or more between two graveyard shifts may be relieved from duty until 2300 hours on the night after appearance without loss of time or court overtime minimums 3. It is the Employer's desire to not have an employee work more than 16 hours in a workday. Except in an emer ency situation the emplo er will make every effort to ensure that employees do not work more than 16 hours in a workday. This new language shall be in effect for 2006 as a trial period At the end of the trial period, the Employer has the option to incorporate this language for years 2007 and 2008, or may return to the language as written in the 2003 2005 collective bargaining agreement ARTICLE 5- SALARIES Section A. The Employer agrees to maintain salaries in accordance with attached Appendix A. Section B. This Agreement shall be opened for the purpose of negotiating wages, hours, and working conditions for any new classifications of employees not covered within this Agreement. Such salaries shall become effective upon the date the new position is filled. Nothing in this Section shall preclude the Employer from establishing such new positions or classifications. Police Non -Commissioned 2006-2008 ARTICLE 6- ALLOWANCES AND PREMIUMS Section A. Clothing Allowance. 1. Community Program Coordinators, Crime Analyst, and Domestic Violence Victim's Advocate shall receive $450.00 550 per year as clothing allowance. No clothing allowance shall be paid employees not required to maintain or wear a uniform. 2. The purpose of such allowance is to buy, maintain, and repair any equipment or clothing required by the Employer, which is not furnished by the Employer. The allowance shall be paid in January of each year by separate check, and is subject to pro rata deduction from the final paycheck in the event an employee does not serve the entire twelve (12) months for which such payment was made, with the exception of an employee who retires or dies, in which event no deduction shall be made. 3. It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to maintain the standards of appearance of the Renton Police Department. 4. In the event that the Employer should change the clothing which is required by Resolution 1669 dated March 2, 1970, during the life of the Agreement, employees so affected by such changes shall be reimbursed for the entire cost of three (3) issues of such new clothing. Section B. Quartermaster System. A quartermaster system shall be in effect for employees who wear department uniforms. The Employer will issue a list of required clothing and equipment and a description of the mechanics of the quartermaster system. Required uniforms and equipment shall be provided to each employee as follows: 1. Required uniforms and equipment shall be provided without cost to the employee as set forth in Police Department policy as approved and/or amended by the Chief of Police. Such required uniforms or like clothing once approved by the Chief of Police or designated appointee may be purchased by the employee and be reimbursed by the quartermaster system. 2. Optional uniforms and equipment may be purchased by the employees at their own request. 3. Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable which may be determined by the immediate supervisor or the training coordinator. Police Non -Commissioned 2006-2008 Section C. Uniform Cleaning. The Employer will provide those non- commissioned employees participating in the quartermaster system with contract cleaning services at the rate of two (2) cleanings per work week/cycle to an annual maximum of $6,000.00 for the entire group of non-commissioned employees participating in the quartermaster system. Section D Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1. Crisis Communication Unit — Members assigned to the Crisis Communication Unit will be paid at the rate of double-time with three (3) hour minimum when called to an emergency situation to assist the Special Response Team (SRT). Section E. Premium Pay 1. Police Service Specialists and Jailers who are assigned to train or supervise new employees shall be compensated with one (1) hour of Field Training Officer (FTO) pay at the straight time rate for each day of such training and/or supervision. Such training premium shall not be received by the Lead Police Service Specialist, Police Services Specialist Supervisor or Jail Sergeants. 2. Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of 2% per month while certified. Employees who successfully pass the initial examination will be required to recertify annually. The City and Union agree that no more than three (3) certified interpreters shall receive bilingual compensation at any one time. Section F. New Positions. This Agreement shall be opened for the purpose of negotiating premium or hazardous duty pay for any new position which is not covered within this Agreement; such pay to be effective upon the agreement of both parties. Nothing in this Section shall preclude the Employer from establishing such new positions. Section G. Working Out Of Classification. Any employee assigned the duties normally performed by a higher paying classification shall be compensated as follows, providing the higher classified person was regularly assigned during that period. Such employee shall be paid the equivalent of 1/4 hour overtime for each two (2) hours or fraction thereof worked. Such payment shall be at the time and one-half rate. .. •. Police Non -Commissioned 2006-2008 Section GH. Physical Fitness. F=ffGGtive january 1, 2005,-'if thepermanent GGhedule Jethe -1-ail staff inGluding jail SeFgeants 46 Ghanged to 12 hGUF shifts then the fellewing phyGiGal fitness, pFegFam shall be In recognition of an employee's personal time expended to maintain a level of fitness, the following program shall apply: 1) Non-commissioned employees who pass the Correctional Officer's entry-level physical fitness test shall receive a fitness incentive premium for a period of one (1) year following the successful test. The test is voluntary and will be offered at least three (3) times each year. 2) The testing dates/times shall be posted as SGGR as the City kReWS when a new hire test will he gi„en on or before February 1 st of each year. The City can combine testing with the Commissioned unit. 3) Employees who comply with the above shall be compensated with a 2.5% of base pay, in the form of deferred compensation. 4) The City agrees to compensate members an additional one half percent (Y2 %) of base pay in the form of deferred compensation. This shall be for the agreement of testing a 3/3 twelve hour shift in the jail. An additional requirement for this one half percent is members must pass the physical fitness standard. ARTICLE 7- SICK LEAVE Section A. Sick Leave. Sick leave benefits under this paragraph will begin accrual upon employment with the award of twenty-four (24) hours of sick leave. Upon completion of the third month of employment, an additional twenty-four (24) hours of sick leave will be awarded. Upon completion of the sixth month of employment, sick leave will accrue at the rate of one (1) day per month to a maximum of one hundred thirty-two (132) days (1056 hours). � • • • Mmm_ LIMA • • • . .. W.1. . • . V . . .W.M.M._ - NO M r_1 T_ 15 Police Nil 'ommissioned 2006-2008 assaUed SiGk 1- T The Employer will cash out at the rate of crImo all a sic but not used) over 520 hours by December 31 of each vea 3ubmitting a written request These amounts. by Pmninvap Empl ear. R1 nest mplc 3r 31 53- Cash paviment for sick leave accrued in accordance with subsection 2 will not be made upon an em to ee's death retirement or voluntary separation. 2-4. Employees using three (3) days or less of sick leave in any calendar year shall receive one (1) day off with pay the following year. 6 5. Employees shall be entitled to utilize sick leave for family medical I emergencies or for illness in the immediate family. For the purposes of this section "immediate family" shall include only the employee's children, parents, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his spouse and/or family at the time that the employee's spouse is giving birth to a child. Section B. Funeral Leave. Full time employees whose immediate family suffers a death shall receive up to three (3) days off with pay to attend to necessary arrangements. A day off is defined as the number of hours scheduled to be worked by the employee (8 hours, 9 hours, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, stepchildren, mother, stepmother, father, stepfather, brother, sister, mother-in-law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for funeral leave shall not be considered sick leave. Section E. Li ht Dut Re uirement. Em to ees who are inured on are ex egcted to return to full dut will be assi ned to li ht duty. An em I. be exempted from this light duty re uirement if under the advice c physician. Employees who are workin the 3/3 twelve 12 hour schedule shall sta hour schedule and will retain their schedule ad'ustment DaV of 5.24%. I their actual hours of dut ma chan e to better utilize their skills in a I assiq_�nt ARTICLE 8- HOLIDAYS F Section A. The following days shall be observed as legal holidays: 16 Police Non -Commissioned 2006-2008 1. January 1 (New Year's Day) 2. Last Monday in May (Memorial Day) 3. July 4 (Independence Day) 4. First Monday in September (Labor Day) 5. November 11 (Veteran's Day) 6. Fourth Thursday in November (Thanksgiving) 7. The Friday following the fourth Thursday in November (day after Thanksgiving) 8. December 25 (Christmas) 9. The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas Day occurs on a Monday, Wednesday or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 10. Any other day proclaimed by executive order and granted to other City employees. Section B. Any employee who works on the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight): 1. Thanksgiving Day 2. Christmas Day ARTICLE 9 - TUITION REIMBURSEMENT and required fees paid by aR employee to an aGGredited GGIlege 9F univer-sity, eRf,9FGeFneRt Felated under graduate degree .. or .. IVNIM a., ale e The Employer shall reimburse _ an employee for the actual cost of tuition and required fees paid by an employee to an accredited college or university, provided that those expenses are incurred: (1) in a course leading to a law enforcement related Associate's/Bachelor's/Master's degree and; (2) that the employee has received a grade of "C" or better or "pass" in a pass/fail grading system and; (3) that such reimbursement for tuition shall not exceed the prevailing rate for undergraduate tuition established by the University of Washington for quarter system credits and by Washington State University for semester systems credits Reimbursement for iob related course work not leading to a law enforcement related degree will require the employee to submit the course of instruction to the Police Non -Commissioned 2006-2008 Employer for approval and obtain approval prior to attending or prior to incurring a cost. Section B. Reimbursement in accordance with Section A above shall be made only in the event no funds are available from other public funding sources to pay education costs. Any employee reimbursed by the Employer as provided in Section A who fails to successfully complete any term or course shall repay the full reimbursement amount to the Employer within ninety (90) days of the end of the term or course. Should an employee fail to repay the Employer within ninety (90) days, the Police Guild will assume responsibility for immediate repayment to the Employer. If an employee terminates employment within the ninety (90) day period, the amount owed the Employer shall be deducted from his/her final paycheck. ARTICLE 10 - EDUCATIONAL INCENTIVE Section A. Premium pay shall be awarded as an educational incentive to employees in the bargaining unit in accordance with Appendix B of this Agreement. Section B. Employees shall be eligible for Associate Degree or Bachelor's Degree minimum pay allowances, as provided in Appendix B of this Agreement when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of 90 quarter or 60 semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon "life experience". ARTICLE 11 — PERSONAL LEAVE Section A. Accrual of Personal Leave. Employees shall accrue paid personal leave time in accordance with the following schedule whenever they are on paid employment status: Length of Service Hours/Month Accrual 0 through 5 years 16 6 through 10 years 20 11 through 15 years 22 16 through 20 years 24 21 and subsequent years 26 Maximum accumulation of personal leave time shall not exceed 536 hours, except when the employee is unable to use personal leave time as a result of illness, disability, or operational considerations beyond the employee's control. In such event, an employee shall not be penalized for excess accumulation, and the Employer has the option of either allowing excess accumulation or paying the employee for the excess accumulation. Buyback of personal leave accumulation will be allowed during the term of this Agreement, subject to the approval of the Employer (based upon availability of funds) to a maximum of forty-eight (48) hours per year. Police Non -Commissioned 2006-2008 Section B. Personal Leave Time shall be subject to the following rules: 1. Temporary or intermittent employees who leave the employment of the Employer and are later reemployed shall, for the purpose of this article, have an adjusted date of actual service effective with the date of reemployment. 2. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 3. Employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time. 4. On the death of an employee in active service, pay will be allowed for any personal leave earned and not taken prior to the death of such employee. 5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given proportionate personal leave earned in the current year before being separated from the payroll. 6. An employee returning from military leave of absence, as defined by law, shall be given a personal leave allowance for the previous calendar year as if he/she had been employed. 7. In the event that an employee becomes ill or injured while he/she is on personal leave, and it can be established by the employee that the employee is incapacitated due to the illness or injury, the day or days that he/she is sick under these circumstances shall be carried as sick rather than personal leave, and he/she will for all purposes be treated as though he/she were off solely for the reason of his/her illness or injury. The employee shall submit medical documentation of the illness or injury from the attending physician. Section C. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 3. 2 Employee shall have the option to designate leave requests as "vacation bids" when the request is for a period of time exceeding seven consecutive calendar days in length (including both requested days off and regularly scheduled days off) and is submitted more than thirty-one (31) days in advance of the requested time off. 19 Police Non -Commissioned 2006-2008 4-.3. The employee's request for time off shall be approved or denied within eight (8) days of submitting the request on the proper form. All requests for time off occurring between March 1 and December 31 of any given year and submitted prior to January 14 of that year shall be considered for all purposes (including 5.a below) to have been submitted on January 14 of that year. &.4. In the event that multiple employees request the same day(s) off, and the Employer is not able to accommodate all of the requests due to minimum staffing limitations, then the Employer will use the following criteria, in order, to determine who is granted the leave time: a. Requests submitted on an earlier date shall have precedence over those submitted later. b. If the requests are submitted on the same effective date, then vacation bids shall have precedence over requests that are not vacation bids; c. When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence._ Seniority shall be determined accordina to Article 3 6:5. The Employer and the Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that employees have a legitimate interest in taking their time off at times convenient to them. The Employer shall have the right to set different short- term minimum staffing levels in all work units for special events. Special events are city festivals, and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels. Section D. Cancellation of Scheduled Leave. The Employer will make reasonable effort to avoid cancellation of approved employee leave time, and to notify employees as soon as possible after the decision to cancel. In the event that the Employer cancels the approved leave time of an employee, the following rules shall apply. If the employee's request was submitted more than thirty-one (31) days in advance of the scheduled leave, and approved, the Employer may cancel that time off without penalty if at least thirty (30) days notice is given prior to the scheduled leave. 2. If the employee's request was submitted less than thirty (30) days in advance, but more than nine (9) days, and approved, the Employer may cancel the time off without penalty if at least eight (8) days notice is given. Police Non -Commissioned 2006-2008 3. If the request is submitted with eight (8) days notice or less, and approved, the Employer may cancel the time off at any time without penalty. 4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 5. For purposes of this section, "penalty" shall refer to the overtime pay provisions of Article 4. Section E. The number of leave hours used for each day off shall be calculated based upon the number of hours in the employee's work day. Employees assigned to a twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12- LONGEVITY Section A. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. Section B. Longevity allowance shall be payable on the first payday following the anniversary of the employee. ARTICLE 13- PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14- INSURANCES Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Police Officers Guild agrees to continue participation in the Health Care Task Fe Renton Employee's Health Plan Board of Trustees and to identify and support cost containment measures. Section B. In 2006 the employee portion of medical/dental premium shall remain at the same level as in 2005. The City will pay the remaining portion of the medical/dental premium necessary to fund the proiected medical/dental program cost for the calendar year 2006. The 2005 surplus as of 12/31/2005 will be frozen and not used to subsidize 2006 premiums but will be rolled over to 2007 003 dependents.and GFGUP Health Cooperative Plan, for eligible empleyees and theiF TAY 97, N NO^ N.. .. . .. oil Police Non -Commissioned 2006-2008 deGUFFIG t. The monthly premium cost shall be shared by the City and members r o the bargaining unit who elect dependent coverage. The employee shall pay monthly pre -taxed premiums, beginning January 1, 2-004-,2006 in the amount of 46.00. 9Re dependent $220.00 Two dependents 4 2- 5. on —0 Effective 01/01/2007 the City agrees to increase its share of the 2007 premium by 10 percent above the 2006 level AM.premium. increase above 10 percent will be addressed by the Renton Employee's Health Plan Board of Trustees through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2007 Should premiums necessary to fund the proiected program costs for 2007 increase less than 10 Percent, the Renton Employees' Health Plan Board of Trustees shall have the o tion to distribute the funds as they see fit proportionately to their constituents Effective 01/01/2008 the City agrees to increase its share of the 2008 premium by 21 percent above the 2006 level Any premium increase above 21 percent will be addressed by the Renton Employees' Health Plan Board of Trustees through Program redesign or a 50/50 split of the additional costs necessary to fund the program through 2008. Should premiums necessary to fund the projected program costs for 2008 increase less than 21 percent, the Renton Employees' Health Plan Board of Trustees shall have the o tion to distribute the funds as they see fit proportionately to their constituents Definitions: Funds: Stock of money in excess of the projected premium amount Surplus: Excess money above IBNR and paid plan expenses Effective January 1, 2005 the City members of the bargaining unit and their insured eligible dependents will be provided coverage under the plan as approved by the Renton Employees' Health Plan Board of TrusteesHealth Care Task Fer-Ge. The City and union agree to jointly manage the program during the term of this agreement. A Renton Employees' Health Plan Board of Trustees Task-Ferse comprised of the Renton Police Officers Guild, other participating unions and the City will meet at least annually to review the program including costs associated with the program. Members of the Renton Employees' Health Plan Board of TrusteesTaserGe are authorized to make changes in the program from time to time without further concurrence from their membership or the City Council during the term of this Police • •2006-2008 agreement. Each FnembeF union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the plan(s). Changes in the program will be determined by a majority of the votes cast by Renton Employees'i•. • of •'vote will result in no change in existing benefits. The City will provide a 100% City paid Self, fURded plaR through DeGernber,31, funding 2005pFegram. • . • eFs may se!eGt Group Health GOVerage, howeveF, City paid GOverage in 2005 will be limited to 107% of the p prernliurn as outlined abovetheself-funded• The City and the _ e• FeGOgRiZe the PFOgFaM GOStS may.r a•% • • ual • duFiRg the of--F---eRt.if so,.Me . r . • ity • •and the _ meet well• • • . what aGt*E)n if any Is neGessary to addFeE;s eaGh pay fifty PeFGeRt •% ef the•above •1% share, if • r be wallsubtFaGted ftern annualsalary this agreemeR RENTON EMPLOYEES'_ HEALTH PLAN BOARD OF TRUSTEEST SK FOR — Includes members of each participating Union. Each union mrr.ni 777e: will have a maximum of one (1) vote, i.e. the Renton Police Officers Guild has two (2) bargaining units but only receives one (1) vote on the Renton Employees' Health Plan Board of Trusteestask ferse. The City only receives one (1) vote also. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. .. •• . ... . .• _ WW . ... PLAN CHANGES,— The members of the Renton Employees' Health Plan Board of Trustees Task F have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. VOTING — A tie vote of the Renton Employees' Health Plan Board of Trustees Task FeMe members related to a proposed plan design change will result in continuing the current design. if no agFOeMeRt Gan be reaGhed on design Ghanges will be split 50/50 by the Gity and the Members. Example Gity takes fiFst 0 Cost ;nGreases 0 ; City pays 0 of the 0 and MeMbem pa 0 0 Police Non -Commissioned 2006-2008 any giVeR yeaF. (i.e. 2004 COLA may be redUGed below 0 0 Section C. Life Insurance. 1. Each employee shall receive an Employer -paid life insurance policy equal to employee's annual salary, to nearest $1,000, including double indemnity_ and limited to a maximum benefit of . 2. Each employee's spouse shall receive a $1,000 group term life insurance policy. 3. Each employee's dependent shall receive a $1,000 group term life insurance policy. Section D. All employees will be enrolled in a city -sponsored long-term disability plan with a benefit equal to 60% of base salary after a maximum waiting period of 90 calendar days or exhaustion of sick leave --whichever is longer. The Employer will pay the premiums necessary to fund the benefits of the plan. Section E. The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee's reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. Section F. If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. ARTICLE 15 - BILL OF RIGHTS Section A. The Employer retains the right to adopt rules for the operation of the Renton Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employees for just cause subject to the provisions of the City Ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. Section B. Bill of Rights. Police Non -Commissioned 2006-2008 1. In an effort to ensure that investigations as designated by the Chief of Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Renton Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". 2. Non -probationary employees who become the subject of an internal investigation shall be advised in writing at least 24 hours prior to the interview that he/she is suspected of: a. committing a criminal offense; b. misconduct that would be grounds for termination, suspension, or other disciplinary actions; or, C. that he/she may not be qualified for continued employment with the Department. 3. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. An investigation as used elsewhere in this Article shall be interpreted as any action, which could result in a dismissal from the Department or the filing of a criminal charge. In any investigation that may lead to discipline, the employee is entitled to have Guild representation to the extent permitted by law. 4. The employee under investigation must, at the time of an interview, be informed of the name of the employee in charge of the investigation and the name of the employee who will be conducting the interview. General Order 52.1.1 will govern the assignment of investigations (see Appendix C). 5. The employee shall be informed in writing as to whether he/she is a witness or suspect. If the employee is a suspect, he/she shall be apprised in writing of the allegations of such complaint 24 hours before any interview commences. Allegations are defined for the purpose of notification as the specific General Orders in violation. General Order 52.1.6 shall govern the notification process (see Appendix C). 6. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. 7. The employee or Employer may request that a formal investigation interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee will be furnished a copy of the completed investigation seventy-two (72) hours prior to any re -disciplinary Loudermill hearings 25 Police Non -Commissioned 2006-2008 8. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing or Guild representative before being interviewed. The employee shall be entitled to such intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods. 9. All interviewing shall be limited in scope to activities, circumstances, or events, which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one or more of the categories contained in Item 2herein. 10. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 11. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 12. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee's right to privacy the medical release form agreed upon by the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix D). 13. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self- incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test, or to answer questions for which he/she might otherwise invoke the protections of any constitutional amendment against self- incrimination. 14. Should any section, sub -section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. 15. Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in the Unusual Occurrences Manual (Department Response to Line of Duty Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force. Police Non -Commissioned 2006-2008 16. Investigations of members by the Employer shall be completed in a timely manner with a goal of completion within 30 days. Section C. Drug and Alcohol Testing 1. The Employer considers its employees its most valuable asset. The Employer and the Guild share concern for the safety, health and well being of police department members. This community and all City employees have the absolute right to expect persons employed by the Employer will be free from the effects of drugs and alcohol. 2. Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn therefrom, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). 3. Drug and alcohol* tests shall be performed by a NIDA HHS certified laboratory or hospital or clinic certified by the State of Washington to perform such tests. (* Initial alcohol testing may be performed by a Certified Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) a. Drug Testing i. An initial drug screen shall be performed using the Immunoassay (IA) method. ii. Any positive results on the initial drug -screening list shall be confirmed through use of Gas Chromatography/Mass Spectrometry. iii. The drug panel and cut off standards shall be as defined by 49 CFR Part 40 which sets forth the procedures for drug testing in the Department of Transportation (DOT). iv. Confirmed positive drug test results shall be sent to a licensed physician who, as Medical Review Officer (MRO), will review the affected employee's medical history and other relevant factors to determine if the positive test result should be excused. The MRO will notify the department of the results of his or her review. Negative test results shall be sent to the Employer's drug and alcohol testing administrator who will notify the designated department representative and employee of the test results. b. Alcohol Testing Alcohol test results shall be released to the employee and department upon conclusion of the test. For the purpose of determining whether the employee is under the influence of alcohol, test results of .02 or Police Non -Commissioned 2006-2008 more based upon the results of an Evidential Breath Testing device shall be considered positive. C. Confirmation of Test Results i. Employees notified of a positive alcohol test result may request the opportunity to have a blood sample drawn for analysis at either a hospital or certified testing lab as chosen by the Employer. ii. Employees notified of a positive drug test may request that the Medical Review Officer send a portion of their first sample to the hospital or NID HHS certified laboratory of the employee's choice for testing by gas chromatography/mass spectrometry. The cost of employee requested tests are the responsibility of the employee. If the test results are negative, the Employer will reimburse the employee for the cost of the test. ARTICLE 16 - MANAGEMENT RIGHTS Section A. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. Section B. Subject to the provisions of this Agreement, the Employer reserves the right: 1. to recruit, assign, transfer, and promote members to the positions within the Department; 2. to suspend, demote, discharge, or take other disciplinary action against members for just cause; 3. to relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 4. to determine methods, means, and personnel necessary for Departmental operations; 5. to control the Department budget; 6. to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 7. to determine classification, status, and tenure of employees; 8. to perform all other functions not limited by this Agreement. 28 Police Non -Commissioned 2006-2008 ARTICLE 17 - GRIEVANCE PROCEDURE The Employer recognizes the importance and benefit of settling grievances promptly and fairly in the interest of better employee relations and morale. To this end, the following procedure is outlined. Every effort will be made to settle grievances at the lowest level of supervision. Employees will be unimpeded and free from unreasonable restraint or interference and free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their grievance. Section A. Definitions. 1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer -employee relations of any nature or kind whatsoever. 3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. Section B. Procedure. The steps set forth herein shall be followed unless the Chief of Police and the Grievant, Guild, or individual raising the issue agree in any particular case that the procedural steps and/or time limits should be modified. Any agreement to modify the procedural steps and/or time limits shall be in writing. In the event that no provision is made to modify any procedural steps an/or time limits, and either of the parties violates them, the grievance/issue shall be considered settled in favor of the party that is not in default at the time. If any specified participant in the steps below is absent and thus unable to timely participate, such step(s) may be completed by the participant's designee. Ste 1 The employees and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander/Manager within twenty (20) calendar days from the date that the grievant knew or reasonably should have known of the action precipitating the grievance/issue. The Division Commander/Manager shall notify the Employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Ste 2 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Deputy Chief within fifteen (15) calendar days. If the grievance is initiated by the Guild, it shall be initiated at Step (2) of the grievance process within fifteen (15) calendar days from the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The Deputy Chief shall notify the employee(s) and the Guild Representative in writing of Police Non -Commissioned 2006-2008 his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step (3) If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Chief of Police within fifteen (15) calendar days. The Chief of Police shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Ste 4 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The Mayor shall notify the employee(s) and the Guild Representative in writing of his/her decision, and the reasons therefore within fifteen (15) calendar days thereafter. Consideration of the issue shall conclude at this point. Step (5) If the grievance has not been settled by the Mayor, either party may submit the matter to arbitration. In any case, the matter must be referred to arbitration within ninety (90) days from conclusion of the fifteen (15) day period of consideration by the Mayor. A neutral arbitrator will be selected jointly by both parties. If the parties cannot agree on an arbitrator, they will request a list of arbitrators from the American Arbitration Association (AAA) and alternately strike names, if necessary, to pick an arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost of the proceedings shall be borne equally by both parties. The arbitrator's award shall be final and binding on both parties, provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. When an employee or the Guild appeals a grievance to arbitration, such appeal shall be made in writing and shall constitute an election of remedies and, to the extent allowed by law, a waiver of any and all rights by the appealing employee or the Guild to litigate or otherwise contest the appealed matter in any court or other available forum. Section C. Election of Remedies. In the case of disciplinary actions that are appealable to the Civil Service Commission, a non -probationary employee may file a grievance under the terms of this Agreement alleging that the disciplinary action was not for just cause. If the employee does so, it shall constitute an election of remedies and said employee shall be barred from pursuing the issue in any other forum including, but not limited to, the Civil Service Commission. Likewise, if an employee files litigation in any other legal forum, including Civil Service, that employee may not grieve said discipline and any grievance previously filed shall be deemed withdrawn and any remedies previously granted shall be void. ARTICLE 18 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. 30 Police Non -Commissioned 2006-2008 Section B. The parties recognize and agree to abide by the provisions of RCW 41.56.120. ARTICLE 19 - RETENTION OF BENEFITS Section A. Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. Section B. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. ARTICLE 20 - PAY DAYS Section A. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period If an employee is leaving on vacation, an early check request authorized by the immediate supervisor may be granted provided the check has been processed and is ready for disbursement. rs�r_1711. .IM Ma 31:1 .- FM ■ .. .., Section B. The Empleyer agrees to implement PFOGedures for the direGt depe" the a pee's .,ayGh8Gks. All employees will participate with direct deposit of paychecks. The Employer will adopt appropriate administrative procedures allowing for direct deposit at a limited- umbeF ef- banks -at the empl ee'sFeEluest. The The Employer will, to the extent feasible, assure that funds are transmitted as near in time as possible to the time at which paychecks are distributed to other employees. ARTICLE 21 - SAVINGS CLAUSE Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter within ten (10) calendar days into collective bargaining 31 Police NOn-Commissioned 2006-2008 negotiations for the purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. Section B. Any conflict between the provisions of this Agreement and current Civil Service Rules and Regulations shall be resolved as set forth herein. It is further understood that (a) to the extent the labor agreement does not address a matter (e.g., discipline, seniority, lay offs, etc.) and Civil Service does, then Civil Service shall prevail; (b) to the extent the labor agreement does address a matter (e.g., discipline, seniority, lay offs, etc.) and Civil Service also does so, the labor agreement shall prevail. The Employer and Guild otherwise retain their statutory rights to bargain changes in Civil Service Rules and Regulations (i.e. changes initiated after the effective date of this agreement) for employees in the bargaining unit.. Upon receiving notice of such proposed changes(s) from the Civil Service commission, either party may submit a written request to the mayor (within sixty (60) calendar days after receipt of such notice) and the result of such bargaining shall be made a part of this Agreement. Section C. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. Section D. In case of any merger or consolidation by the Employer with another governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. Section E. The Employer shall have the right to bargain any issues arising out of the implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may arise regarding Article 19, Retention of Benefits. Statutory provisions for resolution of impasses reached in collective bargaining, and contractual provisions for resolution of grievances arising out of such FLSA issues shall apply. 32 Police Non -Commissioned 2006-2008 ARTICLE 22 - ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. Section B. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild for the duration of this Agreement each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 23 DURATION OF AGREEMENT DURATION OF CONTRACT. JANUARY 1, 20036 - DECEMBER 31, 20058 Signed this _ Washington. CITY OF RENTON Mayor Police Chief day of 2005 at Renton, Human Resources & Risk Management Administrator ATTEST: City Clerk RENTON POLICE GUILD (NON-COMMISSIONED) President Vice President Approved as to form: 31 Police Non -Commissioned 2006-2008 City Attorney 34 Police Non -Commissioned 2006-2008 APPENDIX A Section A. Effective January 1, 20036, January 1, 20047 and January 1, 20058 the base wages for all positions Ja4) represented by the bargaining unit shall be increased by a 3.0% COLA. . .. . In addition to a 3.0% COLA in 2006, Police Services Specialist will receive a 7.0% base salary adjustment which will resolve a demand to bargain related to assuming police report taking effective January 1 2006. Members of the Jail staff includinq Jailers, Electronic Home Detention Jailer and Evidence Technician will receive a 1.0% base salary adjustment to reflect expanded responsibilities associated with housing inmates from other jurisdictions. Section B. Effective January 1, 20036 the salary schedule shall be as follows: 12Mos 12 Mos. 12 Mos. 12 Mos. 49 + Mos. Ste A Ste BF Ste C Ste D Step E Traffic Controller 22742484 24722701 27493003 30533336 42023499 Police Secretary 26262760 27-292981 3GQ3281 33033609 44663787 Police Service Specialist 2,5262948 2q-2-93183 3OQ3504 33033854 44664045 Police Service Specialist (7.5% over Step E of Police Service Specialist) 47-64348 Lead Police Service Specialist (15.% over Step E of Police Service Specialist) 49864652 Supervisor Animal Control Officer 29243195 a4593453 347-73799 38234178 444-34385 Jailer 2-9243195 3-�93453 347-7-3799 382-34178 40 -34385 Jail Sergeant (15% overstep E of Jailer) "6 043 Evidence Technician 30693386 33443656 36474024 40134427 424-7-4653 Electronic Home 32173550 34753833 38254220 42054639 44-4-54870 Detention Jailer Police Community 32933599 35593888 39404272 42-164606 44274 Program Coord.- Domestic Violence Victim 29303202 34953480 35393867 38894250 40944474 Advocate Police Non -Commissioned 2006-2008 Crime Analyst La WMIM 11111111 30743359 33403649 37124056 407-9 457 944693 Section C. Accreditation Premium. The Employer shall contribute three efle-aka half PeFGeRt, ° 3% of the employee's base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department, and shall remain in effect throughout the life of this agreement. Police Non -Commissioned 2006-2008 APPENDIX B 2003 - 2005 Employees shall receive longevity pay according to the following scale: Completion of 5 years — 2% Completion of 10 years — 4% Completion of 15 years — 6% Completion of 20 years —10% Completion of 25 years — 12% Employees shall receive educational pay according to the following scale: AA degree/90 credits — 4% BA/BS Degree/Masters — 6% Police Non -Commissioned 2006-2008 APPENDIX C SUBJECT: INTERNAL AFFAIRS -ADMINISTRATION This order consists of the following numbered sections: 52.1.1 Complaints - Investigation 52.1.2 Direct Access to the Chief of Police 52.1.3 Complaints - Notifying the Chief of Police 52.1.4 Complaint Investigation Time Limits 52.1.5 Complainant Notification of Status of Investigation 52.1.6 Notification of Allegations and Rights 52.1.7 Conditions for Additional Investigation 52.1.8 Internal Investigations - Relief from Dutv 52.1.9 Internal Investigations - Conclusion of Fact 52.1.10 Internal Investigations - Records 52.1_.11 Internal Investigations - Annual Summary 52.1.12 Internal Investigations - Registering Complaint Procedures 52.1.1 Complaints - Investigation I. All complaints against the agency or its employees will be investigated The function of Internal Affairs is to ensure that the integrity of the Renton Police Department is maintained through an internal system Objectivity, fairness and justice are assured by intensive and impartial investigation and review to clear the innocent, establish quilt of wrongdoers and facilitate fair, suitable and consistent disciplinary action. II. The Chief of Police is responsible for the Internal Affairs function and delegates responsibility to the Deputy Chief. The Deputy Chief is responsible for A. Recording registering and controlling the investigation of complaints against department members: 1. Upon receipt of a complaint the Deputy Chief will review the complaint enter the complaint in the Complaint Log and obtain a log number, check the Complaint Log for any similar complaints and notify the Chief of Police of the allegations, 2. The Deputy Chief will determine if the investigation is to be handled by the principal member's supervisor or other departmental personnel with specific expertise relating to the allegation In the case of a criminal allegation the Chief of Police will determine if the investigation is to be assigned to the Investigations Division or elsewhere. B. Supervising and controlling the investigation of alleged or suspected misconduct within the department Police Non -Commissioned 2006-2008 1. Deputy Chief will assign complaints and allegations of misconduct for investigation; 2. Division Commanders will ensure investigations are promptly adjudicated to ensure the integrity of the department and its members; 3. When the investigation is completed, it will be forwarded to the appropriate chain of command for staff review. C. Maintain the confidentiality of the internal affairs investigation and records: 1. The Administrative Secretary will maintain the Complaint Log and Investigation Files, permitting no access to them, except as authorized by the Chief of Police. III. The following types of investigations may be conducted as part of an Internal Affairs function: A. Informal investigation may be conducted on complaints determined to be informal primarily based upon the nature and complexity of the allegation(s). Incidents that are of a less serious nature should be reported to the member's division commander in a timely manner, which would normally be within 24 hours except on weekends. Informal Investigation: 1. May be conducted on less serious allegations of misconduct where the supervisor or command officer has the option to handle the complaint at the lowest level of supervision; 2. May be conducted on complaints in which the complainant does not wish to sign a formal complaint. 3. Examples of complaints that may be classified as informal include but are not limited to: a. Failure to take proper police action, b. Slow or no response, C. Poor demeanor. B. Formal investigations are determined to be formal primarily based upon the nature and complexity of the allegation Formal complaints against employees will be directed immediately to the member's division commander or manager via the chain of command. Division Commanders will notify the Deputy Chief who will forward the complaint to the Chief of Police. Police Non -Commissioned 2006-2008 Formal Investigation 1. Will be conducted on all si ned Police/Citizen Complaints; 2. Will be conducted on serious allegations of misconduct; 3. Examples of complaints or allegations that may be determined as formal include but are not limited to. a. Allegations of violations of law-, b. Allegations of brutality of misuse of force c. Breach of civil rights C. Formal investigations will be reviewed by those res onsible for the Internal Affairs function the Deputv Chief and the Chief of Police. Review of informal investigations is the responsibility of the respective supervisor of the person investi atin the com lalnt. IV. Investigation -The primary responsibility for the proper completion of investigation of all allegations of employee misconductlies with the DPnuty c A. Asa agnprgi nnlir,%l all informal investi ations are handled b the line supervisor. An formal or informal complaints or inquiries ma be investigated b a line supervisor B. The individual assi ned as the investigator will be one of the followin Persons: The accused employee's supervisor; A member of the Investigations Division; 3. Anyone else the Chief may designate C. The in complaint. investigation on the basis of th uuuse Inn Inlin of the initial complaint it is disclosed that o misconduct may have taken place this misconduct will also be investi ated reported upon and adjudicated in a manner which is fair and impartial to all ersons. 3. The inypOirimfnr will be res onsible for informin the Division Comm of the continuing developments in the investigation to determine whether to: Police Non -Commissioned 2006-2008 Retain the accused employee in current assignment. Excuse the accused employee from duty. C. Assign the accused employee to some other duty where there is close supervision and limited contact with the public or other police personnel. 4. The investigator will complete the investigation and submit the report in a timely manner with a goal of completing the process within the 30-day limit. D. The investigator's final report to Internal Affairs for informal investigations will be completed in accordance with General Order 52.1.4. E. The investigator's final report to Internal Affairs on formal investigations will contain: 1. A written summary report which includes: a. The Internal Affairs number; b. The nature of complaint; C. The name(s) of employee(s) involved; d. The allegations summary (concise, but a complete synopsis of the allegations); e. Investigation - including a chronological summary of the investigation; f. Findings of fact - including by numerical listing a summary of findings s of fact. 2. Statements - interviews and letters of employees citizens and witnesses. 3. Reports - copies of all related reports. 4. Correspondence - copies of any memos or formal letters related to the investigation. V. Staff Review of Internal Affairs Investigations A. After the investigation of formal complaints is completed the case file will be forwarded to the involved employee's chain of command for staff review. B. The first line supervisor will review the case make his disposition and penalty recommendations, when applicable and forward the file to his Division Commander for review. Police Non -Commissioned 2006-2008 C. The Division Commander will review the case make the recommendations and forward the file to the Deputy Chief. D. The Deputy Chief will review the case make recommendations and forward the file to the Chief of Police for final review and final ad udication. E. The final dis osition of each allegation in a complaint will be classified in one of the ways outlined in General Order 52.1.9. F. Upon approval of the Chief of Police the Internal Affairs' assigned Component will send a letter to the reporting party, and notify the employee through the chain of command as to the disposition. G. The completed investigation will then be considered closed and filed numerically. 52.1.2 Direct Access to Chief of Police I. The Deputy Chief is responsible for the Internal Affairs component and reports directly to the Chief of Police 52.1.3 Complaints - Notifying the Chief of Police I. All complaints against the department or department personnel shall be directed to the member's division commander or mana er via the chain of command. Division commander and manager will notify the Deputy Chief when such complaints are brought to their attention The Deputy Chief will in turn forward to the Chief of Police information about the complaint and how it was received. 52.1.4 Complaint Investigation Time Limits I. To achieve a s eed resolution to internal affairs issues an Internal Affairs investigation will generally be completed within 30 days A verbal status report will be given to the Chief of Police at least weekly. II. In cases where extenuating circumstances exist the time limit rnal, be extended by the Deputy Chief with approval of the Chief of Police 52.1.5 Complainant Notification of Status of Investigation I. The Renton Police Department will keen the com lainant informed concernina the status of a complaint in .., ----- --• "^"•v1 r - Liu J f wm pe rumisned COPY of the complaint form. The form briefly describes the responsibilities of the complainant and the actions to expect of the Renton Police Department Police Non -Commissioned 2006-2008 B. Periodic status reports will be communicated to complainants signing a formal complaint, although the degree of specificity of the status report is at the discretion of the investigator: C. A letter approved and signed by the Chief of Police will be sent to the complainant informing him/her of the final disposition of their formal complaint. 52.1.6 Notification of Allegations and Rights I. Affected employees who become the subject of an internal affairs investigation will be notified in writing_ A. That they have become the subject of an internal affairs complaint B. The allegation(s) against the employee; C. The employee's rights and responsibilities relative to the investigation. II. The principal member of the investigation will be furnished a copy of the complaint. Affected employees will be afforded all protections under State law, Civil Service City Ordinance and the Officer's Bill of Rights as agreed upon between the City of Renton and the Renton Police Guild. 52.1.7 Conditions for Additional Investigation I. Evidence collection for investigations involving Renton Police Department employees will be conducted in accordance with state law, and the current applicable labor aqreement between the City of Renton and the Renton Police Officer's Guild. II. Additional investigation may be required during the course of such investigation. The following may be requested of the principal department member upon the approval of the Chief of Police or his designee: A. Medical or laboratory examinations: B. Photographs of the affected employee(s); C. Directing the employee to participate in a lineup• D. Requiring an employee to submit financial disclosure statements records• E. Use of instruments for the detection of deception including polygraph. 52.1.8 Internal Investigations - Relief From Duty I. Supervisors or command officers may temporarily relieve an employee from duty with pay, under the following circumstances: 43 Police Non -Commissioned 2006-2008 A. The em to ee is unfit for duty due to physical or s cholo ical reasons i.e. intoxication. etc ) B. Supervisor.—, or command officers may tem oraril relieve an em dut with a to ee fr in response onse to serious erformance related issues or actions Pending disposition of an internal affairs investigation II. An employee relieved from duty will be re uired and directed to report to Deputy Chief or his designee, at 0900 hours the next day. The supervisor or command officer relievin the em to ee from duty will also re ort to the Chief o1 Police with all the necessaa reports. The Deputy Chief with the a roval of the Chief of Policp,may extend the relief from duty as re Aired by the circumstances III. In all cases where an employee is relieved of duty under this General Ord the employee's Supervisor, Division Commander Deputy Chief, and CDO Command Duty Officer) will be notified as soon as possible. 52.1.9 Internal Investi ations - Conclusion of Fact I. An assessment of each allegation of employee misconduct shall be made and classified as one of the followin . A. Exonerated - The alleged act occurred but was iustified legal and ro er� 1. —...Proper conduct - The alle ation is true. The action of the priant, or the employee was consistent with agency olic and the ..complainants suffered no harm: 2• —Policy Failure - The allegation is true though the action of the agency or the em to ee was consistent with agency olic . The complainant suffered harm. B. Sustained -.,The accused employee committed the allegation of misconduct C. Not Sustained - The investi ation roduced insufficient information to clearly prove or disprove the allegation D. Unfounded - The alleged act did not occur. E. Misconduct not based on the on final comp taint -This is used to indicate the discover of sustained acts of misconduct that were not alle ed in the on final complaint. The new alle ations are investigated under the same procedures. 52.1.10 Internal Investi ations -Records 1. The Renton Police De artment investi lates and maintains records of all :;om taints made a ainst the De artment and its em to ees. These records shall )e maintained secure) ensurin the confidentialit of these records are rotected. 44 Police Non -Commissioned 2006-2008 A. The Administrative Secretary maintains a complaint log of all formal complaints, which is maintained by the office of the Chief of Police. B. Supervisory and Command personnel are responsible to securely maintain appropriate records of all informal complaints. 52.1.11 Internal Investigations -Annual Summary I. The Deputy Chief will compile an annual statistical summary report based on the records of Internal Affairs investigations. Copies of the statistical summary will be disseminated to the Chief of Police for appropriate distribution including the Accreditation Files. The report will be made available through the Chief of Police to the public, City officials and Department employees upon request. 52.1.12 Registering Complaint Procedures I. The Renton Police Department will make available to the general public the Police/Citizen Complaint form (RPD073). The form may be obtained from any supervisory or command officer or at the Front Counter. II. The form will briefly describe the responsibilities of the complainant and the investigation process. 111. All employees will be furnished a copy of the General Orders and should make themselves aware of the provisions. APPENDIX D I, hereby release Dr. To provide the following; medical information to my employer. In accordance with sections 102(c)(B) 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act the above -named doctor is required to maintain all medical records in association with the examination of me on separate forms and in separate medical files and must treat those records as a confidential record with the following, exceptions: The above —named doctor may advise my employer regarding: 1. Psychological or physical fitness to perform all the essential functions of my current job classification 2. If unable to perform all those functions the duties that I am able to perform and which duties I am not able to perform,• 3. If unable to work at this time when I can reasonably be expected to return to work at my egular duties; loll 4. Any necessary restrictions on my work or duties: 1. Any necessary accommodations which may be required to allow me to perform the essential functions of my current job classification• and 2. Any recommendation for psychotherapy or other form of therapy, counseling; and/or medical treatment This Release is intended to grant no further access to ny confidential medical records than the Americans with Disabilities Act allows, and the examining physician is instructed accordingly. PATIENT DATE Police Non -Commissioned Contract 2003 2006 - 20052008 32.1. Complaints 52i 2 Direet Aeoess , investigation oPolice of Police himits 52.1.3 Complaints Notifying the Chief Chief 52.1.4 investigation the Time 521 6 Notigeat f n it , gists t,at-ttfrt .j� —1 7 E.onditiotis i Additional b T Records investigations52.1.10 52.1.12 intemal investigations Registering Complaint Procedures i. The function of inier-nal AiTairs All compla4its agaiiist is to ensure that the inte-grity the the agency or its employees Renton Police Department will be investigated. is Z"J­h of justice by intensive impat4ial investigation MaintAin,.,d --------------- to clear the innoomt, establish -..d are .. ufed of facilitate and 4iit:, and r-evie guilt and suitable, and consistent diseiplin delegates . of complaints de t t meinbersi b against will r-eview the complaint, enter the complaint in the Complaint Log log and obtaifi a number-, ebeek die Complaiii investigation is Log for any sim—i"aF complaints and nE)66, the Chief 1. The of Police of the aliegations; Bureau r d 'll deterinine-if the to be handled by the hef deputmental expeAise to the allegation. principal member's s ja the per-sonnel Chief with specific ease of a er-irninal allegation, the of Police will detefmine if the investigation is to be assigned t the investigations Divisioji Of 1 h B. Supef-vising suspected i:niseonduotwithin and b fl department. G-onimanden; of alleged the i. Bureau allegations of for- investiga will assign i I complaints and misconduct a-Ijudieated to ens +1 -e ----- ­ the department itwill be promptly -we y of When and its members; investigation for-waYf :e �t Y•••Y•• ed to t' .,to chainf completed,or the is d F staff Police Non -Commissioned Contract 2003-2006 - 20"2008 b mMay be conduoted on less se.Rou,_�-� st�e�' i4x>H"i t'ions,, of law; Police Non -Commissioned Contract 2002-2006 - 20052008 C, responsible for- the hiter-nal Aff-aiFs funotion, the Bureau GotnmandeF(s) Fomial in 'I! be Y-eviewed by these Chief Poke. Review investigations is the Fespowsibility the and the of ofinforma investigating of r-e�pective supervisot: of the per -son the Oomplaint. inves6gation of all allegations lies of eniployee miseonduct with the Bureau G-onmianders. handled by the line supefvisor, Any formal int�)iTnal g. or eomplaint B. be investigated by a linee The individual O f th e 4:9110'A'iIIg assigned as the investigator-,A4 be one Police Non -Commissioned Contract 2803-2006 - 2 52008 citizens, involved; and witnesses.The allegations suf:njjjar-Y4��,�� A. ItIviewT AfteF if _Ifu ` , Police Non -Commissioned Contract 2003 2006 - 20052008 C. The employee's rilgh's and f;esponsibilities r-elative to the investigation. Police Non -Commissioned Contract 2003 2006 - 20"2008 f Police o i • a . B. by-aphs of the affeCted > D. �. ..internal investigations f •• An employee relieved f+om dutywill be r-equir-ed and directed to r-epoi4 ofPoliee with all the neee�.�� (--'ommandef:,;, A4th the approval of the Chief of Po4ep in all eases Or -der-, the on n4 - - •Bureatt CommaBder-, Police Non -Commissioned Contract 2003 2006 - 20052008 E. Misconduet not based on the or-if4inal oo-m-plaint This - is wied to indieate the diseovery of sugtained acts of miseonduet that wer-e not alleged in the ofiginal eemplaint. The now allegations ter' . u ..do,- the sa ,7 eenVlaints, made against the DepaftinerA and its employees. These reeofds shall be maintained f b the eonfidentiality of (these Feeords t r .1 Police Non -Commissioned Contract 2003-2006 - 20"2008 TOW lif unable to, per-fbFm all these funetiolls, the duties that4 am Alf- to_peffOFfl+,,md "ieh duties ! am not able t&Verfoffn. �raGas'�— -9. MI: 11. 1. - 0-2. - I I W.14'. M. Submitting Data: Dept/Div/Board.. Staff Contact...... CITY OF RENTON COUNCIL AGENDA BILL Planning Building Public Works Utilities Division Lys Hornsby, x7239 (SDC) Nenita Ching, x7291 (SDC) Rebecca Lind, x6588 (Annexation fee) Subject: 2006 System Development Charges Annexation Fee Exhibits: Issue Paper Ordinance AI #: `7, K, For Agenda of: November 7, 2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... X Study Sessions...... Information......... Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... X Other. ......... Fiscal Impact: N/A Expenditure Required... N/A Transfer/Amendment....... N/A Amount Budgeted....... N/A Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Pursuant to Council's direction to review the City's system development charges (SDC) every two years, staff is submitting updated SDC for Water, Wastewater, and Surface Water Utilities for implementation in 2006. The updated SDC fees reflect plant value of the utilities infrastructure as of 12/31/04 and projected capital improvement plans for 2005-2007. In addition, staff proposes discontinuing a 20% discount on Water and Wastewater SDC for mobile/manufactured homes and applying the single family SDC for these types of new home construction. Staff is also submitting a proposal for an Annexation Fee of $2,500. Currently, the City does not have a fee for annexations. The proposed fee is intended to recoup approximately 35 %-50 % of the estimated cost of processing an average annexation. STAFF RECOMMENDATION: Approve the SDC for Water, Wastewater, and Surface Water Utilities (as presented on "System Development Charges Table") for implementation on January 1, 2006. Adopt an Annexation Fee of $2,500 for implementation on January 1, 2006. Adopt the ordinance implementing these changes. H:Tile Sys\ADM - PBPW Adminstration\Analyst\UTIL\SDC\2005\SDC Agenda Bill.doc\NC Y O� PLANNINGBUILDING/ 4.; �- , PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: October 28, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: &D-,Kathy Keolker-Wheeler, Mayor FROM: Gregg Zimmerman, Administrator Alex Pietsch, Administrator Pvv? STAFF CONTACT: Nenita Ching, PBPW Principal Financial & Administrative Analyst SUBJECT: 2006 Utility System Development Charges, Annexation Fee ISSUE: Pursuant to Council's direction to review the City's system development charges (SDC) every two years, staff is submitting updated SDC for Water, Wastewater, and Surface Water Utilities for implementation in 2006. The updated SDC fees reflect plant value of the utilities infrastructure as of 12/31/04 and projected capital improvement plans for 2005-2007. In addition, staff proposes discontinuing a 20% discount on Water and Wastewater SDC for mobile/manufactured homes and applying the single family SDC for these types of new home construction. Staff is also submitting a proposal for an Annexation Fee of $2,500. Currently, the City does not have a fee for annexations. The proposed fee is intended to recoup approximately 35%-50% of the estimated cost of processing an average annexation. RECOMMENDATION: • Approve the SDC for Water, Wastewater, and Surface Water Utilities (as presented on "System Development Charges Table") for implementation on January 1, 2006. • Adopt an Annexation Fee of $2,500 for implementation on January 1, 2006. • Adopt the ordinance implementing these changes. hAfile sys\adm - pbpw adminstration\analyst\util\sdc\2005\sdc issue paper.doc Council/SDC & Annex Fees October 28, 2005 Page 2 of 5 BACKGROUND SUMMARY: System Development Charges are paid by property owners who have not borne an equitable share of the cost of the City's utility systems. The SDC was established to ensure that new customers pay a fee to "buy into" the utility infrastructure that was paid for by existing customers. New customers requiring water, wastewater, or surface water services pay an SDC prior to connection to, or benefit from these utilities. Revenues from SDC are used to pay for capital improvement projects (CIP). Approximately 25% of funding for CIP comes from SDC, but the major funding source is debt. Routine adjustments in SDC fees (increase in SDC revenues) to reflect actual physical plant value will reduce the need to borrow for capital improvements. 2006 System Development Charges: System development charges were last revised in 2004. Proposed charges for 2006 are as follows: 2006 SDC Current SDC for Single for Single $ % 2006 SDC Current SDC Family Family Increase Increase per sq. ft. per sq. ft. Water $1,956 $1,525 $431 28% $0.273 $0.213 Wastewater $1,017 $900 $117 13% $0.142 $0.126 Surface Water $759 $715 $44 6% $0.265 $0.249 The increases in SDC reflect growth of existing and planned infrastructure (2003-2007). Single-family developments are assessed a flat fee per unit; multi -family units receive a 20% reduction; and commercial properties pay a fee per square footage. Redeveloped properties are given a credit for payments they have made to the system. There is a 20% discount on Water and Wastewater Utilities SDC for mobile and manufactured home construction. Because these types of homes function as a single family home and have a similar impact on the waster and wastewater infrastructure, staff is proposing discontinuing the discount and applying the SDC for single family home. Comparison with Surrounding Jurisdictions: A matrix comparing Renton's SDC with development fees charged by the cities of Kent, Auburn, Issaquah, and Kirkland is attached. It must be emphasized that although the analyst set a standard of measure (i.e. 21,780 sq. ft. for commercial building), each city has a different method of calculating its development charges. For instance, Renton calculates a commercial SDC based on square footage, whereas Issaquah calculates it using the number of plumbing fixtures planned. Thus, assumptions for Issaquah's HAFile Sys\ADM - PBPW Adminstration\Analyst\UTIL\SDC\2005\SDC Issue Paper.doc\NC Council/SDC & Annex Fees October 28, 2005 Page 3 of 5 commercial development charges were made on type of building use (retail), number of units (7), type of tenant (hair salon, pho restaurant, UPS store, donut shop, dry-cleaning, State Farm insurance office, a cell phone sales office), and number of fixtures such tenants may use. Development charges for the cities of Tukwila and Bellevue were not included in this report. Tukwila calculates connection charges using front footage, depth of property, and a cost factor based on LID charges paid in the 1960s and 1970s on the specific utility to which the developer is connecting. Bellevue includes in its umbrella of connection charges permits fees and direct facility charges (DFC). It calculates DFC using any of the following methods: front footage, square footage, or number of sub -divisions. The City selects a method based on the exact location of the development because it charges for the cost of the system to which the development is directly connecting. Thus, for instance, the cost of a specific water main is factored into the calculation of a DFC. Connection charges pay for the system in place, and Capital Recovery Charges (CRC) pay for capital improvements on the system. So, in addition to connection charges (a one-time payment), users pay a monthly CRC over 10 years. Methodology for SDC Calculation: The basic approach for determining the City's SDC is described below. 1. Calculate the current value of the utility. 2. Subtract contributions to the utility from: a) federal, state, and local grants, b) contributions from other funds such as local improvement districts, special assessment districts, c) customer contributions such as SDC, and d) contractor/developer contributions. The result is "Equity;" the plant value paid by all ratepayers; not the above sources. 3. Add capital improvements of the current year and the next two years to Equity. 4. Subtract predicted contributions from SDC for the same period. The result is Total Equity. 5. Divide Total Equity by the number of developed acres in the entire city. The final result is an average cost for the Utility to serve a developed acre. (For Surface Water, however, the result is average cost to serve a unit equivalent to single family). Tables A, B, and C contain the SDC calculation (steps #3, #4, and #5) for each utility. The tables following show plant value calculation for each utility (steps #1 and #2). H:\Fi1e Sys\ADM - PBPW Adminstration\Analyst\UTIL\SDC\2005\SDC Issue Paper.doc\NC Council/SDC & Annex Fees October 28, 2005 Page 4 of 5 Proposed New Annexation Fee: Unlike a number of other cities, Renton does not currently have a fee for processing annexations. Property owners can file a 10% Notice of Intent to Commence Annexation Proceedings petition if they can get signatures representing 10% of the proposed annexation area's assessed value. It is required under state law to hold a public meeting with the applicants within 60 days of their submittal with the City Clerk, whether the Council favors the proposed annexation, or not. Even at this early stage these proposed annexations are circulated to departments/divisions for their comments. At a minimum, there are at least 15 to 20 hours of staff time involved just for the 10% Petition. If Council decides to authorize circulation of a 60% Direct Petition to Annex or a 50/50 Petition to Annex, additional hours are required preparing for public hearings before Council and, in some cases, the Boundary Review Board. These processes can easily consume another 20 to 30 hours of staff time for analyzing the request and preparing for public and BRB meetings, for an estimated total of 35 to 50 hours. Using an hourly billing rate of $145 per hour, the estimated average cost to the City would be $5,075 to $7,250 per annexation. The proposed annexation fee would recoup somewhere between about a third to a half of these costs. H:\File Sys\ADM - PBPW Adminstration\Analyst\UTIL\SDC\2005\SDC Issue Paper.doc\NC CounciUSDC & Annex Fees October 28, 2005 Page 5 of 5 System Development Charges Table (Proposed fees effective January 1, 2006) Type of Land Use Water Fee Amount Wastewater Fee Surface Water Fee Amount Amount Single family residence $1,956.00 per $1,017.00 per $759.00 per and mobile/manufactured dwelling unit dwelling unit dwelling unit homes Multi-family(in all zones $1,174.00 per $610.00 per $0.265 per square except CD and COR dwelling unit dwelling unit foot of new zones) (auxiliary buildings (auxiliary buildings impervious like club houses are like club houses are surfacing, but not considered considered less than $759.00 inclusive to the inclusive to the development and development and are not counted as a are not counted as a dwelling unit and dwelling unit and are thus not are thus not included in the included in the calculation of the calculation of the fee) fee) Mixed Use (in all zones Mixed use Mixed use $0.265 per square except CD and COR buildings with over buildings with over foot of new zones) 50% floor space 50% floor space impervious used for residential used for residential surface, but not shall be assessed at shall be assessed at less than $759.00 the rate of the rate of $610.00 $1,174.00 per per dwelling unit dwelling unit CD and COR zones $0.273 per gross $0.142 per gross $0.265 per square square foot of square foot of foot of new property, but not property, but not impervious less than $1,956.00 less than $1,017.00 surface, but not less than $759.00 All other uses $0.273 per gross $0.142 per gross $0.265 per square square foot of square foot of foot of new property, but not property, but not impervious less than $1,956.00 less than $1,017.00 surface, but not less than $759.00 HAFile Sys\ADM - PBPW Adminstration\Analyst\UTIL\SDC\2005\SDC Issue Paper.doc\NC Comparison of System Development Charges with Neighboring Jurisdictions 2005 Fees Renton Proposed Kent Auburn Issaquah Kirkland ---------------- Single Fam��q2l,780 $1,956 65 sq. ft. Commercial$5,946 sq. ft. Single Family $1,017 F71 67,165 sq. ft. Commercial $3,093 F21,78O sq.ft .. Single Family Commercial Total Utilities Fees Single Family Commercial $1,628 On 3/4 meter $5,421 On 1.5" meter $4,444 On 3/4" meter $ 2222 0 On 1.5" meter $0 New sewer systems $850 Flat fee per SF $2,115 Flat fee SF $2,254 paid for by parcel per parcel Flat fee per SF development. parcel $0 New sewer systems $3,808 Charge for 21,780 $6,611 Charge for 21,780 $11,270 paid for by development. sq ft, 7-unit sq ft, 7-unit Charge for 1.5" water meter retail com'I building retail com'I building 10% of land Kent's monthly rate for SF is $7.33 Flat fee for SF Flat fee for SF Improvements Surface Water (Renton's is $5.39) Review & Inspection charges $1,650 $7,547 $16,553 10% of land Kent's monthly rate for com'l is $76.63 21,780 sq ft retail 21,780 sq ft retail Surface WatttelentS (Renton's is $19.31)` comm'I space. comm'I space p Review & Inspection charges Basin A/medium intensity Water Utility 2006 System Development Charge Total Equity using Plant Value as of 12/31/04 Plus 2005-2007 Capital Improvement Program Table A Equity: Equity using plant value as of 12/31/04 $46,853,333 (1) Estimated 2005 - 2007 capital improvement program 21,901,564 (2) Minus: 2005 - 2007 predicted contributions (SDCs) (900,000) (3) TOTAL EQUITY $67,854,897 Assessment: Total Equity $67,854,897 Developed acreage served by Water Utility 5,697 acres (4) Assessment per developed acreage $11,912 per acre Assessment/sq. ft. (43,560 sq. ft./acre) $0.273 per sq. ft Single-family assessment (on 7,165 sq. ft. lot) $1,956 per single family lot (1) Refer to Table I, Water Current Plant Value. (2) Refer to Table P. (3) Predicted revenues from System Development Charges at current rates. (4) Refer to Table Q. Wastewater Utility 2006 System Development Charge Total Equity using Plant Value as of 12/31/04 Plus 2005-2007 Capital Improvement Program Table B Equity: Equity using plant value as of 12/31/04 $30,269,857 (1) Estimated 2005 - 2007 capital improvement program 9,168,264 (2) Minus: 2005 - 2007 predicted contributions (SDCs) _ (1,200,000) (3) TOTAL EQUITY $38,238,122 Assessment: Total Equity Developed acreage Assessment per developed acreage Assessment/sq. ft. (43,560 sq. ft./acre) Single-family assessment (on 7,165 sq. ft. lot) (1) Refer to Table L, Wastewater Current Plant Value. (2) Refer to Table P. (3) Predicted revenues from System Development Charges at current rates. (4) Refer to Table Q. $38,238,122 6,176 acres (4) $6,191 per acre $0.142 per sq. ft. $1,017 per single family lot Surfacewater Utility 2006 System Development Charge Total Equity using Plant Value as of 12/31/04 Plus 2005-2007 Capital Improvement Program Table C Equity: Equity using plant value as of 12/31/04 $23,854,903 (1) Estimated 2005 - 2007 capital improvement program 5,797,306 (2) Minus: 2005 - 2007 predicted contributions (SDCs) (1,050,000) (3) TOTAL EQUITY $28,602,209 Impervious Surface Area in Renton: 2005 Budgeted Operating Revenues Single Family Charge per year Equivalent Billing Units (EBU) Typical single-family lot Impervious area (40% for single family) Equivalent Billing Units Impervious area (for single family) Impervious Surface Area in Renton Assessment: $2,439,200 $64.68 37,712 EBU 7,165 sq. ft. 2,866 sq. ft. 37,712 EBU x 2,866 sq. ft. 108,082,592 sq. ft. Total Equity $28,602,209 Impervious Surface Area in Renton 108,082,592 sq. ft. Surfacewater SDC fee assessment $0.265 per sq. ft. Single-family assessment (on 2,866 sq.ft. impervious area) $759 per single family lot (1) Refer to Table O, Surface Water Current Plant Value. (2) Refer to Table P. (3) Predicted revenues from System Development Charges at current rates. WATER/ WASTEWATER/ SURFACE WATER UTILITIES CURRENT PLANT VALUE Table D - Aggregate Plant Value 12/31 /2001 12131 /2002 12/31 /2003 12/31 /2004 Aggregate Plant Value $194,682,594 $210 493 231 $224 585 201 $236 637 881 Table E - Contributions to Plant Value Description 12/31 /2001 12/31 /2002 12/31 /2003 12/31 /2004 Federal Contributions: Water $894,498 $894,498 $1,029,103 $1,029,103 Sewer 531,505 531,505 531,505 531,505 Storm 3,800,611 3,800,611 3,827,548 3,842,195 Sub -Total $5,226,614 $5,226,614 $5,388,156 $5,402,803 State & Local Contributions: Water $2,933,294 $2,933,294 $2,933,294 $2,933,294 Sewer 1,734,466 1,734,466 1,734,466 1,734,466 Storm 1,582,888 1,628, 866 1,628,866 1,628,866 Sub -Total $6,250,648 $6,296,626 $6,296,626 $6,296,626 Contributions by Other Funds: Water $5,271,336 $5,271,336 $5,271,336 $5,271,336 Sewer 2,521,297 2,521,297 2,579,564 2,624,594 Storm 20,238 20,238 20,238 20,238 Sub -Total $7,812,871 $7,812,871 $7,871,138 $7,916,168 Customer Contributions Water $7,873,018 $8,727,724 $9,284,523 $10,014,485 Sewer 6,014,842 6,868,795 7,495,939 8,662,497 Storm 21,955,926 22,298,776 22,578,175 23,204,995 Sub -Total $35,843,786 $37,895,295 $39,358,637 $41,881,978 Contractor/Developer Contributions: Water $34,429,161 $36,990,021 $37,567,887 $39,439,285 Sewer 15,624,005 17,777,027 20,455,864 23,761,319 Storm 6,650,550 8,893,808 9,713,807 10,961,609 Sub -Total $56,703,717 $63,660,857 $67,737,558 $74,162,213 GRAND TOTALS $111,837 636 $120 892 263 $126 652 116 $135 659,788 Table F - Equity 12/31 /2001 12/31 /2002 12/31 /2003 12/31 /2004 Equity $82 844 958 $89 600 968 $97 933 085 $100 978 093 (Equity is plant value net of contributions from federal, state, and local governments, contractor/developer, customer, and other funds) Source: City of Renton Finance Dept., Net Book Value Report WATER UTILITY CURRENT PLANT VALUE Table G - Water Utility Total Plant Value Description 12/31 /2001 12/31 /2002 12/31 /2003 12/31 /2004 Land + Wtr Rights (Golf) $1,831,632 $1,831,632 $1,831,902 $1,831,902 Capital Improvements 85,867,575 92,424,403 97,552,928 100,656,212 Machinery/Equip 3,007,587 3,014,425 3,052,722 3,052,722 Total Plant Value $90,706,794 $97,270,460 $102,437,552 $105,540,836 Table H - Contributions to Water Utility Plant Value Description 12/31 /2001 12/31 /2002 12/31 /2003 12/31 /2004 Federal Contributions: Water $894,498 $894,498 $1,029,103 $1,029,103 State & Local Contributions: Water 2,933,294 2,933,294 2,933,294 2,933,294 Contributions by Other Funds: Water 5,271,336 5,271,336 5,271,336 5,271,336 Customer Contributions: Water 7,873,018 8,727,724 9,284,523 10,014,485 Contractor/Developer Contributions: Water 34,429,161 36,990,021 37,567,887 39,439,285 Total $51,401,307 $54,816,874 $56,086,144 $58,687,503 Table I - Equity Description 12/31 /2001 12/31 /2002 12131 /2003 12/31 /2004 Equity $39 305 487 $42,453 586 146,351,408 $46,853,333 (Equity is plant value net of contributions from federal, state, and local governments, contractor/developer, customer, and other funds) Source: City of Renton Finance Dept., Net Book Value Report WASTEWATER UTILITY CURRENT PLANT VALUE Table J - Wastewater Utility Plant Value Description 12/31/2001 Land 12/31/2002 12/31/2003 12/31/2004 $0 Capital improvements 52,772,367 Machinery/Equip. $0 56,856,582 62,400,5311 66,795,734 788,505 Total 788,505 788,505 788 505 $53,560,872 $57,645,087 $63,189,03-5 $67,584,239 Table K - Contributions to Wastewater Utility Plant Value Description -- 12/31 /2001 12/31 /2002 12/31 /2003 12/31 /2004 Federal Contributions: Sewer $531,505 $531,505 $531,505 $531,505 State & Local Contributions: Sewer 1,734,466 1,734,466 1,734,466 1,734,466 Contributions by Other Funds: Sewer 2,521,297 2,521,297 2,579,564 2,624,594 Customer Contributions: Sewer 6,014,842 6,868,794 7,495,939 8,662,497 Contractor/Developer Contributions: Sewer 15,624,005 17,777,027 20,455,864 23,761,319 Total $26,426,115 $29,433,089 $32,797,338 $37,314,381 Table L - Equity Description 12/31 /2001 12/31 /2002 12/31 /2003 12/31 /2004 Equity $27 434 757 $28 211 998 $30 391 697 $30,269,857 (Equity is plant value net of contnbutions from federal, state, and local governments, contractor/developer, customer, and other funds) Source: City of Renton Finance Dept., Net Book Value Report SURFACE WATER UTILITY CURRENT PLANT VALUE Table M - Surfacewater Utility Plant Value Description 12/31/2001 128/31/2002 12/31/2003 12/31/2004 Land $1,677,138 $1,677,138 $1,677,138 $1,677,138 Capital Improvements 48,546,065 53,708,821 57,089,751 61,643,942 Machinery/Equip. 191,725 191,725 191,725 191,725 Total $50,414,928 $55,577,684 $58,958,614 $63,512,806 Table N - Contributions to Surfacewater Utility Plant Value Description 12/31/2001 12/31/2002 12/31/2003 12/31/2004 Federal Contributions: Storm $3,800,611 $3,800,611 $3,827,548 $3,842,195 State & Local Contributions: Storm 1,582,888 1,628,866 1,628,866 1,628,866 Contributions by Other Funds: Storm 20,238 20,238 20,238 20,238 Customer Contributions: Storm 21,955,926 22,298,775 22,578,175 23,204,995 Contractor/Developer Contributions: Storm 6,650,550 8,893,808 9,713,807 10,961,609 Total $34,010,213 $36,642,298 $37,768,634 $39,657,903 Table O - Equity Description 12/31/2001 12/31 /2002 12/31/2003 12/31/2004 Equity $16,404,715 $18,935,386 $21,189,980 $23,854,903 (Equity is plant value net of contributions from federal, state, and local governments, contractor/developer, customer, and other funds) Source: City of Renton Finance Dept., Net Book Value Report TABLE P Estimated 2005 - 2007 Capital Improvement Program 2004 Work in 2005 CIP 2006 CIP 2007 CIP Total CIP (2005-07 Progress (1) Spending Plan (2) Budget 3 Budget 3 and 2004 WIP) Water Utility $7,725,617 $4,471,560 $5,138,525 $4,565,862 $21,901,564 Wastewater Utility $756,768 $4,142,700 $2,131,416 $2,137,380 $9,168,264 Surface Water Utility $772,518 $1,529,910 $1,475,993 $2,018,885 $5,797,306 Figures above include only those projects that will be added to the City's utility asset inventory (1) Source: Finance Dept., Net Book Value Report. (2) Source: Utility supervisor's "Spending Plan," a month -to -month spending projection of planned projects. Because the Spending Plan is compiled at the beginning of the year, it closely reflects actual activity. Historically, 90% of the spending plan is accomplished. (3) Budget information is compiled in June of the prior year. Historically, 80% of budgeted/planned projects are included in the Spending Plan (of which 90% is usually accomplished). Thus, the estimates above are 72% of the CIP budget. TABLE Q Developed Acreage Calculation of Developed Acreage (used in Table B) (in units of sq. acres) All parcels in the City 10,986 Less: Right-of-way and roads -1,869 Subtotal: Zoned Acreage 9,117 Less: vacant land/under-utilized parcels -2,941 Total Developed Acreage 6,176 (1) Developed Acreage Served by City Water Utility (used in Table A) (in units of sq. acres) Total Developed Acreage 6,176 Less: Water Served by Water District 90 479 (2) Total Developed Acreage in Water Utility Service Area 5,697 (1) Parcels with improvement values less than or equal to $1,000. Source: Economic Development, Neighborhood & Strategic Planning (EDNSP); King County Buildable Lands Guidelines. (2) Areas served by Water District 90 within the Renton city boundary. Source: Technical Services. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-1-170 AND 4-1-180 OF CHAPTER 1, PUBLIC WORKS FEES, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED E OF GENERAL ORDINANCES OF THE CITY OF RENTON, DWASHINGTON" BY CHANGING THE FEE SCHEDULES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-170.A of Chapter 1, Public Works Fees, of Title W (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding an annexation fee, to read as follows; A. APPLICATION TYPE: Annexation by 60% Direct Petition and FEE AMOUNT: 50/50 Petition Method $2,500.00 SECTION II. Sections 4-1-180.H and I of Chapter 1, Public Works Fees, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: H. TEMPORARY UTILITY CONNECTION FEES: Temporary Connections Temporary connections to a City utility system may be granted for a one-time, temporary, short-term use of a portion of the property for a period not to exceed three (3) consecutive years Surface Water Fee Annual fee equal to ten percent (10%) of the current system development charge applicable to that portion of the property, but not less than seven hundred fifty nine dollars ($759.00) per Wastewater and Water Fee Annual fee equal to ten percent (10%) of the current system development charge applicable to that portion of the property, but not less than one thousand seventeen dollars ($1,017) 1 ORDINANCE NO. * Said fee shall be paid annually (nonprorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit to the system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and a boundary line of the proposed development service area for use in the fee determination. I. CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES: Owners of properties to which improvements are being proposed that have not been assessed or charged an equitable share of the cost of public works facilities, such as water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting, shall be subject to one or more of the charges listed in the following subsections. Any fees triggered by improvements or development, as detailed in this Section, are due and payable at the first of the following instances: Prior to the issuance of a Public Works Construction Permit, or Prior to the recording of a single family residential plat or single family residential short plat, or Prior to the issuance of a building permit. All of the following charges shall be paid into the Waterworks Utility Construction Fund except that any fees collected under a private Latecomer's Agreement shall be passed on to the holder of the agreement with the appropriate fees paid to the general fund. For the purposes of this Section the terms "property(ies)" or "parcel(s)" shall mean a lot of record as defined in chapter 4-11 RMC. 1. Private Held Latecomer's Fees and Special Assessment District (Formerly Known as City Held Latecomer's) Fees: a. Applicability of Private Held Latecomer's Fee: The City has the discretionary power, as detailed in chapter 9-5 RMC, to grant latecomer's agreements to developers and owners for the reimbursement of a pro rata portion of public works facilities PA ORDINANCE NO. (water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting) they install and turn over to the City. b. Applicability of Special Assessment District Fee: The special assessment charge is a fee that enables the City to recover a pro rata portion of the original costs of public works improvements (water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting) from the owners of property who would benefit from future connections to, or future users of, improvements to the City's infrastructure that were not installed by LIDs or by a private developer under a latecomer agreement. The imposition, collection, payment and other specifics concerning these charges are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Payments to City. C. Exemptions for Latecomer's or Special Assessment District Fees: Segregation of Fees: The City may grant segregation of private developer latecomer's fees or special assessment district fees on large parcels of land per subsection (I)(3) of this Section. ii. Relief Due to Two (2) Similar Facilities: The Planning/Building/Public Works Administrator will consider relieving a parcel of a latecomer's or special assessment district fee/assessment if the property has a benefit from either (but not both) of two (2) similar facilities. The Planning/Building/Public Works Administrator will make the decision based on engineering and policy decisions as to which facility(s) benefit and/or are utilized by the parcel. The assessment due would be that associated with the utilized facility. If there are no sound engineering or policy reasons that indicate one facility over the other, the City shall give the applicant the choice of facilities to utilize. 3 ORDINANCE NO. iii. Relief Due to Future Subdivision: At the time the latecomer's agreement or special assessment district is formed, and as a condition of the latecomer's agreement or special assessment district, the City may require that the assessment against a parcel be divided such that a single family residential connection will be assessed based upon the size of a typical single family residential lot in that area. The remainder of the cost attributed to said site will be due at such time as the parcel develops further either by subdivision or increased density. In the case of a special assessment district, interest will continue to accrue on the remaining portion of the assessment. iv. Reallocation of Assessment Due to Subdivision of Property: The Planning/Building/Public Works Administrator will consider reallocation of the latecomer's assessment or the special assessment if a property is subdivided for any purpose other than single family use. Reallocation may be granted based upon front footage, area, or other equitable means. Consideration may be given to adjusting the assessment between the new parcels, based upon value of benefit from the improvements, such that two (2) similar parcels may pay different amounts because one receives more benefit. 2. System Development Charges (SDC) — Water, Wastewater, and Surface Water: The City may hold and charge certain other fees similar to special assessment district charges, which are commonly referred to as "system development charges." a. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties which have not been assessed or charged or borne an equitable share of the cost of the City's utility systems. Said property owner(s) shall pay, prior to connection to or benefit from a City utility or utility facility, the system development charge associated with that utility as detailed in 4 ORDINANCE NO. the fees table in subsection (I)(2)(b) of this Section. A parcel may benefit from a City utility system during the development or redevelopment of the property with or without a connection to an established facility. Therefore, the system development charge for a utility may be triggered without a physical connection to an existing facility. Development of a utility system shall mean: Development of the sanitary sewer system, including but not limited to lift stations, force mains, interceptors and other sewer collection mains. Development of the surface water system, including but not limited to retention/detention or water quality facilities, flood hazard reduction improvements, lift stations, force mains, interceptors, and other surface water collection and conveyance systems. Development of the water system, including but not limited to wells, pump stations, reservoirs and transmission mains. ii. The phrase "properties, which have not been assessed or charged or borne an equitable share of the cost of the utility," as used in this Section, shall mean any of the following: First Time Service Connection or Benefit: Any property which has not paid a system development charge for the property based upon the total square footage of the property and which is connecting to or benefiting from a Renton utility system for the first time (including but not limited to new construction, conversion from private well, or conversion from septic system). Further Subdivision: Any property which has not paid a system development charge for the property based upon the total square footage of the property and is served or 5 ORDINANCE NO. benefited by the utility and is subdividing further for single family usage shall receive a credit for the existing single family residence(s). For example, a five (5) acre parcel with an existing single family house is being subdivided for single family lots. If the existing house is connected to the City sewer and water systems, the development would get credit for one single family system development charge for sanitary sewer, storm water, and water. If the existing house was not connected to the City sewer system, the development would get credit for one single family system development charge for storm water and water. A property subdividing further for single family usage that receives a credit for existing single family residence(s) shall not qualify for prorating of the system development charge under subsection (I)(2)(c) of this Section. Existing Developments — Water and/or Sanitary Sewer: Property that was developed before the effective date of the first development charge ordinances for water and sanitary sewer in 1974 is exempted from the connection charge(s) for water and sanitary sewer. Any rebuilding, change in use or additions to exempted property that does not require additional water usage such that a fire hydrant, additional meter, or larger meter is necessary will not trigger a new system development charge. However, except as provided herein, when property is redeveloped or the use changed or intensified such that larger or additional water meter(s) or the addition of a fire hydrant is necessary, application(s) for these items will trigger the system development charge(s). An application for the installation of a meter(s) solely for the purpose of either irrigation or fire protection or the installation of a fire hydrant will trigger a system development charge for water. An application for an additional or a larger water meter(s) for any 2 ORDINANCE NO. purpose other than solely for irrigation or fire protection will trigger a system development charge for both water and sewer. Exceptions: The addition of an irrigation meter only for an existing single family residential dwelling will not trigger a system development charge for water or sewer. If an existing single family residence is being remodeled or rebuilt and remains a single family residence on the same lot (not involved in a new plat, short plat, or lot line adjustment), the addition of a larger or additional meter will not trigger the system development charges for water or sewer. The addition of a second meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge. Existing Developments — Surface Water: Property that was developed before the effective date of the first development charge ordinances for surface (storm) water in 1992 is exempted from the surface water system development charge. The addition of any new impervious surface to exempted properties will require payment of the system development charge for surface water for the additional new impervious area only. If an exempted property is making a connection for the first time to a surface water system, it will require payment of the system development charge for surface water only for the impervious area tributary to the point of connection. Any rebuilding, change in use or additions to exempted property that does not create additional impervious surface area or does not cause a first time connection to be made will not require payment of the system development charge for surface water. Exceptions: VA ORDINANCE NO. Improvements to existing single family residential units such as additions that are less than five hundred (500) square feet, decks, small sheds and other minor improvements are exempt from the system development charge for surface water unless a new connection to the Renton surface water utility collection system is proposed or required as part of the permit application. b. System Development Charge Table: Type of Land Use Water Fee Amount Wastewater Fee Surface Water Fee Amount Amount Single family residence $1,956.00 per $1,017.00 per $759.00 per dwelling (Including dwelling unit dwelling unit unit Mobile/Manufactured homes Multi-family(in all $1,174.00 per $610.00 per dwelling $0.265 per square zones except CD and dwelling unit unit (auxiliary foot of new COR zones) (auxiliary buildings buildings like club impervious like club houses are houses are considered surfacing, but not considered inclusive inclusive to the less than $759.00 to the development development and are and are not counted not counted as a as a dwelling unit and dwelling unit and are are thus not included thus not included in in the calculation of the calculation of the the fee) fee) Mixed Use (in all zones Mixed use buildings Mixed use buildings $0.265 per square except CD and COR with over 50% floor with over 50% floor foot of new zones) space used for space used for impervious surface, residential shall be residential shall be but not less than assessed at the rate of assessed at the rate of $759.00 $1,174.00 per $610.00 per dwelling dwelling unit unit CD and COR zones $0.273 per gross $0.142 per gross $0.265 per square square foot of square foot of foot of new property, but not less property, but not less impervious surface, than $1,956.00 than $1,017.00 but not less than $759.00 All other uses $0.273 per gross $0.142 per gross $0.265 per square square foot of square foot of foot of new property, but not less property, but not less impervious surface, than $1,956.00 than $1,017.00 but not less than $759.00 ORDINANCE NO. Prorating the System Development Charge for Redevelopment of Property: An option exists for prorating the system development charge(s) for property which has not previously paid a charge in full. Any parcel that currently has water or sanitary sewer service is eligible for a prorated system development charge for the associated utility. Prorating Based upon Meter Sizes: The prorated system development charge will be based upon the capacity of the new meters as compared to the capacity of the existing meters. Meters installed solely for fire protection, either existing or proposed, are not included in the calculation for water or sanitary sewer. If there is an additional or larger meter solely for fire flow or additional hydrants required for the proposed development, please refer also to sub- section (I)(2)(d)(ii) of this Section. Meters installed solely for irrigation (either existing or proposed) are not included in the calculation for sanitary sewer. This prorated redevelopment charge is calculated using the following formula: [Proposed meter(s) capacity in gallons per minute (GPM) — Existing meter(s) capacity in GPM]/[Proposed meter(s) capacity in GPM] x [SDC Fee] = Amount owed. The City will determine the safe maximum operating capacities of all meter sizes using American Water Works Association tables (see below). The fee paid shall be posted in the City's database and applied to the total system development charge applicable for the parcel. Reduction in meter capacity shall not result in a payment from the City to the applicant. WATER METER EQUIVALENCIES for purposes of calculating redevelopment credit: Meter Size In Inches Safe Maximum Operating Capacit (GPM) 5/8 20 5/8 x 3/4 20 9 3/4 30 1 50 1-1/2 100 2 160 3 300 4 500 6 1000 8 1600 10 2300 12 3375 20 8250 ORDINANCE NO. ii. Prorating the System Development Charge for Fire Protection Improvements Associated with Redevelopment of Property: Installation of a water meter solely for a fire protection system, such as a new hydrant or fire sprinkler system, shall be charged a fee equal to thirty percent (30%) of the system development charge applicable to the portion of the parcel containing the improvements for which the fire protection system is constructed to serve. Thirty percent (30%) is the amount the water utility has expended throughout its system for fire flow protection. This fee shall be posted to the City's database and applied as a partial payment to the total system development charge applicable for the parcel. For the purposes of this Section, "portion of the parcel containing the improvements for which the fire protection system is constructed to serve" shall be described as: The smaller area of either the total square footage of the property or the square footage of the property designated by a line drawn twenty (20) feet around the footprint of the building being served by the meter installed for fire protection. The smaller area of either the total square footage of the property or the square footage of the property designated by a line drawn twenty (20) feet around the footprint of the building(s) which by their construction, reconstruction or improvement triggered the need for the new fire hydrant(s). 1[1' ORDINANCE NO. "Footprint" shall include the primary building plus ancillary structures such as garages, carports, sheds, etc., that are considered by the Fire Department when calculating fire flow requirements. In the case of multiple improvements, overlapping areas shall only be counted once. If the "portion of the parcel containing the improvements for which the fire protection system is constructed to serve" is eighty percent (80%) of the parcel or more, then the thirty percent (30%) shall be calculated on the total square footage of the property. If a project both increases water meter capacity and installs a fire protection system, the total of both prorated system development fees (subsections i and ii) would be charged. Payment of said fees would be posted in the City's database and applied to the total system development charge applicable for the parcel. In no case shall the total of the prorated system development charge(s) be more than the total system development charge applicable for the parcel. Installation of a water meter solely for a fire protection system shall not trigger a sewer system development fee. Prorating the System Development Charge for Installation of an Irrigation Meter Only: When a water meter is installed solely for the purpose of providing irrigation water for private landscaping (exempt meter), there will be charged a fee equal to ten percent (10%) of the water system development charge applicable to the property. Said fee shall be nonrefundable, nontransferable (from one portion of the property to another). Payment of said fee would be posted in the City's database and applied to the total system development charge applicable for the parcel. At the applicant's option, the full water system development charge may be paid instead of the ten percent (10%) payment described herein. iv. Examples: 11 ORDINANCE NO. Example 1: A redevelopment project that involves a change from a single family home on a ten thousand (10,000) square foot lot with a five -eighths inch by three-quarter inch meter (5/8" x 3/4", a standard single family meter) that has a safe operating capacity of twenty (20) gallons per minute (GPM), to a commercial usage with a one and one-half inch (1-1/2 ") meter with a safe operating capacity of one hundred (100) GPM can apply to pay for the following prorated charges: (100 GPM — 20 GPM)/(100 GPM) = 0.8 For water: 0.8 x (10,000 sq. ft. x $0.273/sq. ft.) _ $2,184.00 For sewer: 0.8 x (10,000 sq. ft. x $0.142/sq.ft.) _ $1,136.00 Without the redevelopment credit, this project would have paid $0.142/sq.ft.. x 10,000 sq. ft. _ $1,420.00 for sewer and paid $0.273/sq. ft.. x 10,000 sq. ft. _ $2,730.00 for water. Example 2: A property owner is planning to redevelop a half acre parcel that includes a single family home with a five -eighths inch by three-quarter inch meter (5/8" x 3/4", a standard single family meter) that has a safe operating capacity of twenty (20) GPM. The new development will be an eight (8) unit multi -family dwelling with a two inch (2") meter with a safe operating capacity of one hundred sixty (160) GPM, a three-quarter inch (3/4") irrigation meter with a safe operating capacity of thirty (30) GPM, and a four inch (4") meter for fire sprinklers. The property owner can apply to pay the following prorated charges: For water: based on meters (160 GPM + 30 GPM — 20 GPM)/(160 GPM + 30 GPM) = 89.5% based on fire service = 30% Total = 119.5% Therefore, 100% of the water system development charge would be due. 12 ORDINANCE NO. (8 units x $1,174.00/unit = $9,392.00 ) For sewer: based on meters — irrigation meter excluded (160 GPM — 20 GPM)/(I 60 GPM) = 87.5% Therefore, 87.5% of the sewer system development charge would be due. 87.5% x (8 units x $610.00 /unit) _ $4,270.00 Without the redevelopment credit, this project would have paid $610.00 /unit x 8 units = $4,880.00. d. Exemptions to System Development Charge: i. Installation of an Irrigation Meter Solely for the Purpose of Providing Irrigation Water to City Right -of -Way: Installation of a water meter solely for the purpose of providing irrigation water to City right-of-way is exempted from the system development charge. ii. Exemption for City -Owned Property: No system development charge will be collected on City -owned properties. The benefits to the utility from the use of other City properties such as utility easements, lift stations and other benefits offset the amount of the system development charge. Limited Exemptions for Municipal Corporations: A limited exemption to the system development charge will be granted to municipal corporations for portions of property subject to the system development charge to the extent that those specific areas are available and maintained at all times for public use (e.g., ballfields adjacent to a school building) and shall be segregated from the fee determination as herein provided. In applying this exemption to the extent possible, a single straight line shall be drawn across the property separating the exempt property from the property to be charged. If a single straight line would 13 ORDINANCE NO. not achieve substantial equity, then additional lines may be drawn to include substantial open space areas in the exemption. For purposes of this exemption, substantial open space areas shall be at least one hundred thousand (100,000) square feet in area. Lines shall not be drawn closer than fifteen feet (15¢) to any structure. Nonexempt Areas: Parking lots, driveways, walkways, similar areas and required landscape areas shall not be part of the exempt area. Administrative Fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording the segregated fee. At the time of application for system development charge segregation the applicant shall pay the administrative fee of seven hundred fifty dollars ($750.00). Restrictive Covenants: The exemption must be memorialized by means of a restrictive covenant running with the land. Should the property exempted under this Section later develop, then that property shall pay the system development charge in place at the time of development. Interpretation of Partial Payment: The Administrator of the Planning/Building/Public Works Department shall make the final decision on the interpretation of this limited exemption and the achievement of substantial equity. iv. Exemption for Undeveloped Critical Area(s) and Undeveloped Major Easement(s): When calculating the area to be charged the system development charge, undeveloped critical areas (per RMC 4-11-030) and undeveloped major easements within the property shall not be included in the square footage for the calculation of the charge. It is the responsibility of the property owner or applicant to submit a study determining and classifying the critical area. The property owner or applicant shall submit a legal description of any 14 ORDINANCE NO. easement(s) or critical area(s) so that these portions of the property can be exempted from the development charge(s). The intent of this exemption is to not charge property that is undevelopable. If the property is used or can be used to satisfy any condition of the development such as parking or landscaping, it shall be considered developed and does not meet the qualifications of this exemption. v. Exemption Credit for Regional Improvements: If an applicant's project proposes to solve a regional drainage problem, over and above the requirements to mitigate their project's impacts, the value of the additional improvement shall be credited toward the surface water system development charges due. The applicant must provide the Administrator of the Department of Planning/Building/Public Works with the costs of the drainage improvements and a suggested method of calculating the costs due to the extra work done to solve a regional drainage problem. The Administrator will make the final decision on the amount of the credit. In no instance shall the credit duplicate a latecomer's agreement such that the applicant will be paid twice, nor may the credit against the connection charge exceed the connection charge (i.e., no payment to the applicant under this Section). vi. Surface Water Exemption for Infiltration Facility: Developments which infiltrate or contain on site one hundred percent (100%) of the on -site storm water runoff volume from a one hundred (100) year storm are exempt from the surface water system development charge. For the application of this credit, the owner/developer must use the current design criteria to show that the infiltration facility will infiltrate all of the volume of runoff produced from the site during the one hundred (100) year storm. 15 ORDINANCE NO. If a development that is granted an exemption under this Section discharges water offsite during a one hundred (100) year storm or less, the development shall be required to make corrections or improvements to the onsite system such that it will infiltrate up to the one hundred (100) year storm. If, in the future, the development can no longer infiltrate one hundred percent (100%) of the on -site storm water runoff from a one hundred (100) year storm, the systems development charge shall be due and payable as a condition of the connection to or utilization of the City's storm water system. Nothing in this Section shall relieve the property owner(s) from complying with the City's current flow control and water quality treatment standards at the time the development converts from one hundred percent (100%) infiltration to use of the City storm system. When a development is converted from one hundred percent (100%) infiltration to use of the City storm system, the storm water management standards used shall consider the existing conditions prior to the property being developed under the one hundred percent (100%) infiltration exemption and the developed conditions at the time the conversion is made. There may be certain areas within the City that partially or completely prohibit the use of infiltration facilities. If a current or future code or standard prohibits or limits the use of infiltration facilities to any level below the one hundred (100) year storm, the development will not qualify for this exemption. 3. Segregation Criteria and Rules: Except for parcels being developed for single family use, the ability exists for the segregation of system development, special assessment district, and latecomer's charges in the partial development of a large parcel of property. This segregation shall be based on the following criteria and rules: 16 ORDINANCE NO. a. Segregation by Plat or Short Plat: Charges shall be determined on the basis of the specific platted properties being developed regardless of the parcel size. Unplatted or large -platted parcels may be platted or short -platted prior to development, in which case the system development charge will be applied to the specific platted lots being developed. b. Segregation by Administrative Determination: For the partial development of a large tract of property the owner may apply for a segregation of the system development, special assessment district, and latecomer's charge(s) for the specific portion of the property to be developed. The burden of establishing the segregation by legal description, number of units, and map would be on the party owing the fee and not the City. The following criteria shall determine the segregation of fees: Provisions: This provision shall apply to all developments with the exception of single family residential home developments. When a parcel is segregated by administrative determination, prorating of the system development charge for redevelopment shall not be allowed. ii. Segregation of Fees: The segregation of fees shall be by formal, written agreement, including a legal description approved by the City, which shall be recorded as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the system development charge fee that has been paid for the property. The applicant shall also include a detailed plan, drafted to current adopted City standards, of the proposed development, which shall include the proposed boundary line, as described in the legal description, for the system development charge determination. Segregated Areas: Minimum size of area segregated for determination and payment of system development charge(s) shall be two (2) acres. The 17 ORDINANCE NO. segregated area shall include, but not be limited to, all contiguous existing developed land for which the system development charge(s) have not been paid; all proposed buildings; driveways and sidewalks; parking areas; grass and landscape areas; public access areas; storm drainage facilities and detention ponds; and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). The boundary line for the segregation of system development charge shall be established by survey and legal description and shall not be closer than fifteen feet (150) to any structure. iv. Remnant Parcel: Minimum size of the remnant parcel of undeveloped property for which the system development charge is deferred shall be two (2) acres. Should the property partially paid for under this Section later develop, then that property shall pay the system development charge fee in place at the time of development. Should the property partially paid for under this Section later be subdivided, then the partial payment credit shall run with the subdivided lots. The burden of establishing that the partial payment has been made would be on the party owing the fee and not on the City. V. Determination of Charge: The system development charge shall be determined on the basis of the percentage of a property that is developed (existing development plus proposed development). When a proposed development takes a parcel over the threshold of full development, as described in this Section, one hundred percent (100%) of the system development charge(s) is owed and any balance is due and payable. vi. Full Development: For the purpose of this Code, "full development" is considered to be sixty percent (60%) property coverage for multi -family development and eighty percent (80%) property coverage for commercial, industrial, mixed use, and all other development. "Property coverage" is defined as the portion of the property 18 ORDINANCE NO. supporting buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm drainage facilities and detention ponds, and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). vii. Developed Area: The "developed area" shall include, but not be limited to, all contiguous existing developed land for which the system development charges have not been paid: all existing and proposed buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm drainage facilities and detention ponds, and improvements required for mitigation of environmental impacts. viii. Administrative Fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording of the partial payment of the fee(s). At the time of application for system development charge partial payment the applicant shall pay the administrative fee of seven hundred fifty dollars ($750.00) for each segregation. If the same segregation is used for more than one utility's system development charge, then only one administrative fee is collected. ix. Interpretation: The Administrator of the Planning/Building/Public Works Department shall make the final decision on interpretation of the partial payment of system development charges. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of .2005. Bonnie I. Walton, City Clerk 19 ORDINANCE NO. APPROVED BY THE MAYOR this day of 12005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1214:10/31 /05 : ma Kathy Keolker-Wheeler, Mayor 20 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Utility Systems, Water Utility Staff Contact...... Abdoul Gafour (ext. 7210) Leslie Betlach (ext. 6619) Subject: WSDOT I-405 Project Concurrence Letter — Wells and Parks Task Force Exhibits: Issue paper Concurrence Letter — Wells and Parks Task Force Al #: 'I For Agenda of. November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... Refer to Community Services Committee Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... N/A Transfer/Amendment....... N/A Amount Budgeted....... N/A Revenue Generated......... N/A Total Project Budget N/A City Share Total Project.. N/A SUMMARY OF ACTION: The Washington State Department of Transportation (WSDOT) requests the City's approval of a Concurrence Letter regarding the proposed alignment for the northbound I-405 to SR-169 off - ramp and future widening of I-405. The proposed ramp and future widening of I-405 will cause impacts to City park land, trails, recreation facilities and water supply and transmission facilities in Cedar River and Liberty Parks. WSDOT and the City formed a Wells and Parks Task Force to identify, address and develop options for the design of challenges associated with the project. The Task Force recommended an alignment that will avoid and/or minimize impacts to the City's park land and facilities and to the City's drinking water supply wells and facilities. The concurrence letter outlines the issues and options identified by the Task Force. The letter also memorializes WSDOT and the City's desire to work together and move the project forward. STAFF RECOMMENDATION: Authorize the Mayor to sign the Concurrence Letter with the Washington State Department of Transportation for the proposed alignment of the northbound I-405 to SR-169 ramp and future widening of I-405. a HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-Transportation Projects (TIP)\I405 Corridor Study North Renton Project\agenda-bill-letter-of-concurrence-wells-parks-task-force.doc\AGtp PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: October 20, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: ,Gy� Mayor Kathy Keolke -Wheeler FROM: k� Gregg Zimmerm PW Administrator Dennis Culp, Community Services Adminstrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor (ext. 7210) Leslie Betlach; Parks Director (ext. 6619) SUBJECT: WSDOT I-405 Project Concurrence Letter— Wells & Parks Task Force ISSUE: The Washington State Department of Transportation (WSDOT) requests the City's approval of a Concurrence Letter regarding the proposed alignment for the northbound I-405 to SR- 169 off -ramp and future widening of I-405. The Wells and Parks Task Force recommended an alignment that will avoid and/or minimize impacts to the City's park land and facilities and to the City's drinking water supply wells and facilities. RECOMMENDATION: Authorize the Mayor to sign the Concurrence Letter with the Washington State Department of Transportation for the proposed alignment of the northbound I-405 to SR-169 off -ramp. BACKGROUND SUMMARY: As part of the future widening of I-405, WSDOT needs to relocate and widen the northbound off -ramp from I-405 to SR —169 Maple Valley Highway. The proposed ramp will be located in the Cedar River Park, close to City trails, open spaces, and recreation facilities. The City also owns, operates, and maintains several groundwater drinking water supply wells, water treatment and pumping facilities, and underground utilities in the vicinity of the proposed ramp. In addition, future widening of I-405 will cause impacts to City park land, trails, recreation facilities, and water supply and transmission facilities in Liberty Park. WSDOT and the City formed a Wells and Parks Task Force to identify, address, and develop options for the complicated design challenges associated with the widening of a major freeway ramp near the City's parks, recreational facilities, and drinking water supply wells Mayor/WSDOT Wells & Parks Letter October 20, 2005 Page 2 of 2 and treatment facilities. The Task Force recommended to the Executive/Administrators Committee, a ramp alignment and park layout that minimizes impacts to the park land, recreation facilities, and water supply and treatment facilities in Liberty and Cedar River Parks. By signing the Concurrence Letter, WSDOT and the City agree to work together to expeditiously resolve outstanding issues and to move the project forward. WSDOT will further examine and evaluate the impacts to City parks and to the drinking water wells and treatment facilities in the development of the I-405 South Renton Implementation Plan NEPA document and final Section 4(f) determination. The Concurrence Letter and the attached Wells and Parks Task Force Findings Report will be the basis for continued work and problem solving in the South Renton Implementation Plan. CONCLUSION: The concurrence letter outlines the issues and options identified by the Task Force. The letter also memorializes WSDOT and the City's desire to work together and move the project forward. Attachment cc: Lys Hornsby, Utility Systems Director Leslie Betlach, Parks Director Abdoul Gafour, Water Utility Supervisor H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-Transportation Projects (TIP)\I- 405 Corridor Study North Renton Project\isuue-paper-letter-of-concurrence-wells-parks.doc\AGtp VERSION 5 July 8, 2005 Gregg Zimmerman, Public Works Administrator City of Renton 1055 South Grady Way Renton, WA 98055 Re: Letter of Concurrence 1-405 Wells & Parks Task Force Dear Mr. Zimmerman: The City of Renton and the Washington State Department of Transportation (WSDOT) are working together to move the I405 projects forward in Renton. WSDOT understands that the City's groundwater wells are a vital source of water and that the City's parks, trails, open spaces, and recreation facilities are valuable assets essential to quality of life for Renton's citizens. A focused effort and cooperation between our two agencies is required to work out the 1-405 design challenges in the vicinity of the City's water supply system, Liberty Park, Cedar River Park, and the Narco property. Consequently, the City and WSDOT formed a Wells & Parks Task Force in 2004 to address these complicated issues. The Task Force was able to successfully resolve some of the key issues, but other issues need more evaluation. This concurrence letter documents the Task Force's objectives, accomplishments to date, and - in the attached Findings Report - outstanding issues, future steps, and decisions. Task Force Objectives The Task Force's primary objective was to identify a proposed alignment for the northbound I405 to SR 169 off -ramp that: 1. Avoids and/or minimizes impacts to the City of Renton's drinking groundwater supply — well heads, pump stations, water treatment facilities, and associated utilities; 2. Ensures adequate and safe access: a. For the City's maintenance personnel to operate and maintain the drinking water wells, pump stations, water treatment facilities, and associated utilities; and b. For the public to the City's public park land and facilities; and c. For emergency response vehicles to the City's water wells and their associated facilities and park land and their associated facilities; and d. For the City's maintenance personnel to operate and maintain the City's parks, trails, building facilities and open space areas; and 3. Avoids and/or minimizes impacts to public park land and park facilities and is safe for park users. Accomplishments An important accomplishment for the Task Force was identification of the northbound I-405 to SR 169 ramp alignment. The Task Force recommended a northbound I-405 to SR 169 ramp alignment Wells & Parks Concurrence July 8, 2005 Page 2 of 3 to the Executive/Administrators Committee as Recommendation #1, understanding that resolution of wells/park access and impacts will be further addressed. The Executive/Administrators Committee agreed with this alignment on July 23, 2004. The ramp alignment: • Avoids the footprint of the existing City well buildings (RW-1, 2, and 3, PW-8 and 9, EW- 3) and the existing water treatment facilities (the corrosion control and treatment facility (CCTF) and the fluoridation facility). • Strives to minimize impacts to Cedar River Park and amenities. The ramp alignment requires an approximate 25-foot swath along the west side of the Cedar River Park multi- use ballfield/soccer field and the Renton Community Center, placing the ramp within 65 feet of the Community Center. The selected ramp alignment will be further examined in the South Renton Implementation Plan NEPA document and final Section 4(f) determination. Wells & Parks Task Force Findings Report. Determining the northbound I-405 to SR 169 ramp alignment was critical for more in-depth discussion about other aspects of this project. With the specific alignment information we will be able to more effectively analyze other issues, such as the location of potential public access to and from Cedar River and Liberty Parks, Narco property, trail connectivity, internal park circulation and access points for maintenance vehicles for Wells 8 and 9 and the treatment facilities, as well as underground utility issues. These afore -mentioned issues and other issues are complex and will need further evaluation. The access and unresolved issues are documented in the attached Wells & Parks Task Force Findings Report. Moving Forward South Renton Implementation Plan Project. The Task Force work done to date has been under the umbrella of the I405 North Renton project, now known as the Renton to Bellevue project. WSDOT has moved project elements south of the SR 169 interchange (including work in the wells and parks vicinity) to the South Renton Implementation Plan project. The improvements made south of the SR 169 interchange are more appropriately connected to improvements made through the Renton "S" curves, and they can be designed and implemented independent of the Renton to Bellevue project improvements north of the SR 169 interchange. Therefore, it is appropriate to move project elements south of the SR 169 interchange to the South Renton Implementation Plan project, allowing WSDOT to construct improvements south of SR 169 only once — avoiding costly and disruptive rework. The Wells & Parks Task Force Findings Report will be the basis for continued work and problem solving in the South Renton Implementation Plan project. Starting immediately, WSDOT will closely work with City staff to revisit and solve the issues as the 15% design is developed. The 15% design will identify recommended solutions to be evaluated in the South Renton Implementation Plan NEPA document and final Section 4(f) determination. This work needs to be completed prior to January 2006 so that WSDOT can begin the NEPA process on/before January 2006. This aggressive schedule is driven by the 2005 Legislative intent to complete the SR 515 (Talbot) interchange in 2010. The City provided EA scoping comments (October 23, 2003, letter) for the North Renton project. WSDOT will move the Wells & Parks -related scoping comments to the South Renton Implementation Plan NEPA scoping document so that they can be appropriately addressed. C':'C�C[.IME:-•i'a afottr'.LO(':1LS-1'a'emp.weiliparkclbv5.docicI'"r 'S, l }itr - ;C3i+;tc - E•rwRrcunNnrnor-U a, �}17v5.do \LHHtp Wells & Parks Concurrence July 8, 2005 Page 3 of 3 Parks Master Plan. The City will be preparing a Parks Master Plan for Cedar River Park, Liberty Park, and the Narco property commencing in 2005 with an estimated completion date of March 2006. WSDOT evaluated the City parks at a corridor level in the I-405 Corridor EIS and resulting Selected Alternative in the I-405 Corridor Record of Decision. The I-405 corridor -level final Preliminary Section 4(0 determination recognized the potential effects on the parks, stating park areas may be permanently incorporated into the transportation facility. WSDOT recognizes the importance of parks to the City and is obligated to evaluate park impacts though the NEPA and Section 4(f) decision -making processes. The City and WSDOT will continue to work together as a team to explore new solutions and to coordinate plans and designs for the area. Concurrence The I405 South Renton Implementation Plan NEPA document is scheduled to begin on or before January 2006. Realizing the complexity of the issues at hand, it is advantageous for both parties to resolve and make decisions prior to January 2006. By working together, both parties will be able to go forward with greater certainty to identify elements that will shape the Parks Master Plan and to define project elements the I-405 South Renton Implementation Plan NEPA will examine. By signing below, the City and WSDOT concur: • The northbound I-405 to SR 169 ramp alignment recommendation will be carried forward to the NEPA environmental document and final Section 4(f) determination for the South Renton Implementation Plan project. • The Wells and Parks Task Force commit to work together to expeditiously resolve outstanding issues documented in the Wells & Parks Findings Report and other issues as they arise. • The agreed upon solutions will be examined in the South Renton Implementation Plan NEPA Document. • WSDOT will examine avoidance, minimization, and mitigation measures in the NEPA environmental document, project design plans, and final Section 4(0 determination for the South Renton Implementation Plan project. Sincerely, Craig J. Stone, PE Deputy Administrator, Urban Corridors Office City of Renton Concurrence: ATTEST: Kathy Keolker-Wheeler, Mayor Date Bonnie I. Walton, City Clerk Attachment cc: Administrators Executive Committee members City Design Team members Wells & Parks Task Force Members C:'•:DCk;UM _r -•) agafour%LOCALS--1''; t'nvorrcur�n;ru:�.rr.:•..,,.tr,..,�.t,.- �,.r decALHHtp . n4 The Task Force work to date has resolved one of its primary objectives — the recommended northbound off -ramp alignment. The Task Force has identified access options for the CCTF building. However, the Task Force has not been able to resolve all the access issues. Further, the Task Force has uncovered many more design challenges and issues that need resolution. The Task Force has documented the access issues and new, unresolved issues in this Wells/Parks Task Force Findings Report. The Findings Report will be the basis for continued work and problem solving in the South Renton Implementation Plan project. ISSUE 1. Cedar Valley Aquifer and Water Supply STATUS The City's groundwater wells are a vital source of water supply and must be protected In progress from contamination from the construction of I-405 projects. (Renton to A. Facility Relocation. The City's water pump stations, water treatment facilities and Bellevue related utilities are necessary and, if relocated, must be fully operational for the City NEPA). to provide drinking water that meets all state and federal regulations and in sufficient quantity for fire protection. B. Groundwater Discipline Report. A geotechnical analysis will be prepared to Start on/before assess impacts to groundwater quality and quantity from the construction of the January 2006 support structures penetrating the City's drinking water well field and the Cedar (South Renton Valley Aquifer and increase in impervious surface (reduced recharge). The report Implementation author will consider the following mitigation recommendations: Plan). • The development of a detailed water quality -monitoring plan for potential groundwater contamination from construction activities and from accidental spills of hazardous chemicals. • The development of an emergency response plan and recovery plan in the event of a hazardous chemical spill. • The provision for an environmental coordinator during the construction of the project within the sole source aquifer to monitor groundwater quality, storage of hazardous substances and chemical use practices, and the containment of hazardous chemicals. C. Source Water Protection. The proposed I-405 improvements, including the recommended northbound off -ramp alignment, cuts across the sanitary control area for City Wells 8 and 9. The proposed I-405 improvements are a source of contaminants NEXT STEPS WSDOT will prepare groundwater discipline reports for both the South Renton Implementation Plan and Renton to Bellevue NEPA documents. The groundwater discipline reports will examine avoidance, minimization, and mitigation measures for impacts to the Cedar Valley Aquifer. WSDOT will identify mitigation and source control measures and include design elements in the NEPA and in the project plans to protect the City's drinking water supply sources from contamination from surface runoff and from accidental spills on the proposed ramp. ISSUE I STATUS NEXT STEPS from surface runoff and spills. Mitigation measures and design elements must be identified to address impacts on the City's water supply as required by WAC 246-290- 135. 2. Park Access The City must have no net loss of access for maintenance, operation, and use of the City's parks, trails, recreational amenities and structures, and open spaces. Existing access needs include emergency response vehicles, City's water utility operations, park maintenance vehicles and equipment, and the public (vehicular, bicycle, and pedestrian) The internal circulation through the parks must be safe to park users and access should minimize conflicting uses among transportation, maintenance, and park/open space needs. A. Cedar River Park. There are currently two vehicular access points to Cedar River Park: From the southwest geographic area via Houser Way and Carco Road. From the north via SR 169. B. Liberty Park. There are currently three access points to Liberty Park: • From the west along Bronson Way. • From the south along Houser Way. From the east via Carco Road to Houser Way. C. Narco Property. There are currently two access points to the Narco property: • From the west under I-405 south of the Cedar River via Mill Avenue and Houser Way. This access serves vehicles, pedestrians, and bicycles. • From the north via the pedestrian bridge. This access serves maintenance vehicles, pedestrians, and bicycles. D. Carco Road. Carco Road underpass between Houser Way and Cedar River Park allows pedestrian and vehicular access between Cedar River and Liberty Parks. The current vertical clearance (10.5 ft) allows park maintenance vehicles and equipment, small trucks, passenger vehicles, and all emergency response vehicles except the ladder truck. This access is the primary access point from the geographic area south and west of the Cedar River. This is also part of the Cedar River Trail system. E. Pedestrian Bridge. The pedestrian bridge under I-405 serves as pedestrian/bicycle and park maintenance access across the Cedar River between the Narco property and Cedar River Park. The bridge is a link in the Cedar River Trail system. F. Houser Way Bridge. Houser Way bridges the Cedar River. Houser Wav currently Evaluation will continue to determine a win -win solution by January 2006. WSDOT will work closely with the City through the Transportation Task Force to resolve park access. is a one-way northbound arterial adjacent to Liberty Park and I-405. G. Access Options. The Task Force examined numerous options to maintain the various park access needs. A key challenge is maintaining two points of vehicular access to Cedar River Park, including one point of access from the north (SR 169) and one point of access serving the geographic area south and west of the Cedar River. A second challenge is maintaining the east -west connectivity (Carco) between the Cedar River Park and Liberty Park. Further work is needed to resolve access options. The Task Force evaluated the following options; however, an option was not recommended. A combination of the following or other unidentified options may be utilized to ensure a complete solution: • Pedestrian Bridge. Relocate existing pedestrian bridge upstream (to the east) of its current location connecting the Cedar River Park and the Narco property. • Houser Way Bridge and Road Realignment to the West. The existing Houser Way bridge will be removed and may be relocated. Access could be provided by realigning Houser Way, 54 feet to the west. To maintain the existing 10.5 feet vertical clearance and access through Carco Road, the road grade would need to be lowered by up to 6 feet. Lowering the grade will require relocation of utilities associated with Carco Road and Houser Way bridge, and the existing access to the City's pump building for wells RW1, 2, and 3 and Cedar River Park will need to be relocated. The horizontal separation between the realigned railroad bridge and between the new Houser Way bridge and the existing City's pump building for wells RW1, 2, and 3, would be reduced to approximately 20 feet, with the horizontal distance to the skate park being reduced to less than five feet. This option has challenges that require further study, including utility relocation, access to the pump building and skate park relocation, and maintain the Cedar River Trail connection • Houser Way Realignment through old City Hall/Liberty Park. Preliminary evaluation demonstrates that the City Hall/Liberty Park access option could provide the existing access functions. Access would be provided by re -aligning Houser Way to the west through the old City Hall property, replacing the Houser Way bridge, passing City's pump building for wells RW 1, 2, and 3 on the west, turning due east go between the wells 1, 2, 3 pump building and through the skate park, and connecting to the existing Carco Road. The existing vertical clearance and utility access provided at Carco Road can be maintained. This option has challenges that require further study. The option would require parking mitigation at the old City Hall property, require mitigation for loss of Liberty Park property, relocation of the skate park and relocation of the trail. El • Cul-de-sac Houser Way. This option provides park access from the north off SR 169. The access would be limited to right-in/right-out off of SR 169. The Houser Way bridge would be removed and not replaced and Houser Way would be cul-de-sacked on both sides of the Cedar River. This option does not provide public and maintenance access to Cedar River Park. • Narco/Stoneway. This option builds a new access from the Houser Way and Mill Avenue intersection, under I-405 south of the Cedar River, through the Narco property, and across the Cedar River on a new bridge. This access will connect the Narco property to the Cedar River Park in the vicinity of Carco Theater and the Stoneway property. This option would need to consider the potential for cut -through traffic to SR 169 3. Avoidance, Minimization and Mitigation The City's parks, trails, open spaces and recreation facilities are valuable assets essential See WSDOT to quality of life. Impacts should be avoided in order to maintain the integrity of the park I CCTF system. A. Ramp Alignment. Impacts to the parks and amenities resulting from the recommended NB I-405 to SR 169 ramp realignment need to be evaluated. These include the Cedar River Park multi -use ballfield/soccer field, Renton Community Center, the Cedar River Trail, public parking, vehicular and pedestrian circulation and access, emergency access, heritage tree and landscape amenities, and air, noise, and water quality. B. BNSF and Houser Structures. The BNSF railroad bridges the Cedar River and Carco road. The BNSF tracks serve the Dinner Train, Boeing, and other commercial uses. The selected mainline alignment requires the BNSF tracks to be moved 54 feet to the west. The BNSF tracks will move closer to the City's pump building for wells RW 1, 2, and 3 — approximately 20 feet east of this building and existing Liberty Park amenities. The Houser Way bridge, including its associated utilities, will be further investigated as part of the park access solution. C. Park System. Impacts to the park system need to be evaluated. Unavoidable impacts will be mitigated reflecting no net loss of quality and quantity through replacement, relocation, and/or re -construction. The park system includes the Cedar River Park multi -use ballfield/soccer field, the Henry Moses Aquatic Center, the Renton Community Center, the Cedar River Trail and pedestrian bridge, Narco access and habitat, Liberty Park Skate Park, Liberty Park Ballfield and other recreational amenities, public parking, vehicular and pedestrian circulation and access, emergency access, landscape amenities, existing regional trails between Liberty Park and Cedar River Park and between Cedar River Park and the Narco Dronertv_ commitment letter, August 2004. Start on/before January 2006 (South Renton Implementation Plan). The selected ramp alignment will be further examined in the South Renton Implementation Plan NEPA document and final Section 4(f) determination. When funded, WSDOT will work closely with the City as the South Renton Implementation Plan project progresses. The South Renton Implementation Plan NEPA document will examine park avoidance, minimization, and mitigation. Discipline reports will include air, noise, water quality, visual quality, and 4(0 evaluation. The Renton to Bellevue NEPA document and final Section 4(f) determination will evaluate avoidance, minimization, and mitigation measures for the SB I-405 to SB SR 169 direct connector ramp. The South Renton Implementation Plan NEPA document and final Section 4(f) determination will evaluate avoidance, minimization, and mitigation measures for the park system. heritage trees, landscaping, and habitat. 4. CCTF Access and Truck Routing — chemical delivery The City's water utility operations include the delivery of water treatment chemicals by See WSDOT Move both options forward to the South Renton semi -trucks to the corrosion control and treatment facility (CCTF), the removal and replacement of well pumps, mechanical equipment and CCTF Implementation Plan 15% design effort. The chemical vessels, and the repair and replacement of existing underground utilities. The City's current access to deliver commitment letter, August 15% design will identify one of these options or a new option to be evaluated in the South Renton water treatment chemicals to the CCTF is from SR 169 via the Cedar River Park 2004. Implementation Plan NEPA document and final entrance, through park parking along SR 169, and around the Cedar River Park ballfield. Section 4(f) Determination. The recommended ramp alignment does not maintain this access. The Task Force identified two solutions for the delivery of chemicals to the CCTF: Start on/before A. Leave the existing CCTF in its current place. Provide an alternate for the January 2006 route delivery of chemicals to the facility between NB I405 and NB off -ramp to SR 169 (South Renton via a gated access within the Limited Access limits. The access would be between Implementation the I-405 mainline and the new SR 169 off -ramp. This access would be designated Plan). as a Type C Special Use approach, and this access would have operational restrictions approved through WSDOT and FHWA. B. Relocate the CCTF to the west side of I-405 within the vacated Houser Way alignment. A new entrance would be created from Bronson Way, and access would be restricted to "right-in/right-out." The new facility would be fully operational and meet all regulatory requirements prior to the removal of the existing facility. Environmental permits will take a long lead-time and a new facility may trigger new Department of Health drinking water treatment requirements. 5. Parks Master Plan The City will be preparing a Parks Master Plan for Cedar River Park, Liberty Park, and Master Plan City and WSDOT continue to work together to the Narco property 2005-2006. WSDOT evaluated the City parks at a corridor level in efforts will explore new solutions as the City develops the I-405 Corridor EIS and resulting Selected Alternative in the I-405 Corridor Record of begin [month] and/or contemplates changes to its parks or water Decision. The I-405 corridor -level Final Preliminary Section 4(f) determination 2005. supply facilities. recognized the potential effects on the parks, stating park areas may be permanently incorporated into the transportation facility. WSDOT recognizes the importance of parks The City will recognize the recommended ramp to the City and is obligated to evaluate park impacts though the NEPA and Section 4(f) Evaluation will alignment and the Inize Selected Alternative in decision making processes. The City and WSDOT will continue to work together as a continue to the Park Master Plan. team to explore new solutions and to coordinate plans and designs for the area. determine a WSDOT will evaluate park impacts through the win -win South Renton Implementation Plan NEPA and solution by Section 4(f) decision -making processes. WSDOT January 2006. will utilize the adopted Parks Master Plan and 6. Utilities existing conditions. A. Carco Road. Carco Road is a utility corridor between Cedar River Park and Liberty Park. Existing utilities under Carco Road include a 24-inch diameter Evaluation will WSDOT will work closely with the City through City transmission water line, storm sewers, natural gas lines, and piping for chemicals used for water treatment. Access to these utilities needs to be maintained. continue to the Utility Task Force to resolve utility issues. determine a This includes development of a plan to relocate B. Houser Way Bridge. The City currently operates and maintains a 16-inch diameter win -win existing City utilities that are impacted by the solution by South Renton Implementation Plan project water main that is suspended under the existing Houser Way bridge. If the Houser January 2006. including the new ramp alignment on SR 169, Way bridge is replaced, then the 16-inch water line across the Cedar River would the relocation of the BNSF railroad track, the need to be replaced. relocation of the Houser Way bridge, and C. Utility Access. Adequate access, including necessary vertical and horizontal potential changes to Carco Road. clearance, must be maintained for maintenance, operation, and use of the City's A utility discipline report will be prepared for the water pump stations, water treatment facilities, and related utilities. South Renton Implementation Plan NEPA document. 7. Ramp Alignment 1-405 reconstruction requires the reconstruction and realignment of the northbound 1-405 to SR-169 off -ramp. The Task Force recommended Comp leted. The recommended ram P alignment will be a northbound I-405 to SR 169 ram alignment solution to the Executive/Administrators Committee as Recommendation # further examined in the South Renton . The Executive/Administrators Committee approved this recommendation on July 23, Implementation Plan NEPA document and final Section 4(f) determination. 2004. The ramp alignment: • Avoids the footprint of the existing City well buildings (RW-1, 2 and 3, PW-8 and 9, EW-3) and the existing water treatment facilities (the corrosion control and treatment facility (CCTF) and the fluoridation facility). • Strives to minimize impacts to Cedar River Park and amenities. The ramp alignment requires an approximate 25-foot swath along the west side of the multi -use Cedar River Park ballfield/soccer field and the Renton Community Center, placing the ramp within 65 feet of the Community Center. • Strives to maintain the existing number of parking stalls on the west side of the Renton Community Center by reconfiguring the stalls under the new ramp alignment. • Eliminates the Heritage Tree — Big Leaf Maple (Acer macrophyllum) and other landscaping. 8. Mainline Alignment: western City limit to SR 169 Key commitments in the I-405 Corridor ROD delineate the mainline alignment in the Completed. The recommended mainline alignment will be vicinity of the parks and water facilities — avoid Renton Hill and the City Hall. The City and WSDOT concurred with the I-405 mainline alignment from the Renton further examined in the South Renton western city limit to SR 169 (Mainline Alignment Letter of Concurrence, March 14, 2005). The Implementation Plan NEPA document. selected mainline alignment establishes the I-405 footprint in the vicinity of the parks and water facilities. • In the vicinity of Renton Hill, well field, and parks, the mainline will be widened to the west, including relocating the BNSF railroad and Houser Way to the west. • The I-405 mainline bridges over the Cedar River will be replaced. The Cedar River Trail pedestrian bridge is currently located underneath the I-405 bridges. Due to vertical height limitations caused by the new I-405 bridges, the existing pedestrian trail and bridge will be relocated. 9. South Renton Implementation Plan Project The Task Force work done to date has been under the umbrella of the I-405 North Start design The Wells & Parks Findings Report will be the Renton project, now known as the Renton to Bellevue project. WSDOT has moved now. basis for continued work and problem solving in project elements south of the SR 169 interchange (including work in the wells and parks vicinity) to the South Renton Implementation Plan project. The original North Renton the South Renton Implementation Plan project. WSDOT project scope included work south of the SR 169 interchange. The improvements made Start NEPA will work closely with City staff to revisit and solve the issues as the 15% design is south of the SR 169 interchange are more appropriately connected to improvements made through the Renton "S" curves, and they can be designed and implemented on/before January 2006. developed. The 15% design will identify recommended solutions to be evaluated in the independent of the Renton to Bellevue project improvements north of the SR 169 South Renton Implementation Plan NEPA interchange. Therefore, it is appropriate to move project elements south of the SR 169 document and final Section 4(f) determination. interchange to the South Renton Implementation Plan project, allowing WSDOT to construct improvements south of SR 169 only once — avoiding costly and disruptive WSDOT will include the Wells & Parks -related rework. North Renton scoping comments in the South The City provided EA scoping comments (October 23, 2003 letter) for the North Renton Renton Implementation Plan NEPA scoping document. project. Many of these comments addressed City concerns in the vicinity of the wells and parks. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. PBPW/Utility Systems Staff Contact...... Dave Christensen (ext. 7212) Subject: Engineering Design Contract — Central Plateau Interceptor Phase II Exhibits: Issue Paper Proposed Engineering Contract Al #: .14,. For Agenda of. November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $258,599 Transfer/Amendment....... Amount Budgeted....... $0 Revenue Generated......... Total Project Budget $4,550,000 (421/45000) City Share Total Project.. X SUMMARY OF ACTION: The Central Plateau Interceptor Phase II project is in the Wastewater Utilities proposed 2006 CIP for design and construction. In order to meet our timetable for construction during the dry -season of 2006, we must begin the engineering and permitting process. STAFF RECOMMENDATION: Approve the engineering consultant contract with Roth Hill Engineering Partners, LLC for the design and permitting of the Central Plateau Interceptor Phase II project, in the amount of $258,599, and authorize the Mayor and City Clerk to execute the consultant contract. HAFile Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase II\AGENDA BILL Engineering Contract.doc\DMCtp PLANNINGBUILDING/ �, , PUBLIC WORKS DEPARTMENT 8R \�No� MEMORANDUM DATE: October 19, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Kathy Keolker-Whee , Mayor FROM. Gregg Zimmerma dministrator STAFF CONTACT: Dave Christensen, Wastewater Utility Supervisor (ext. 7212) SUBJECT: Engineering Design Contract — Central Plateau Interceptor Phase II ISSUE: The Central Plateau Interceptor Phase II project is in the Wastewater Utilities proposed 2006 CIP for design and construction. In order to meet our timetable for construction during the dry -season of 2006, we must begin the engineering and permitting process now. RECOMMENDATION: Approve the engineering consultant contract with Roth Hill Engineering Partners, LLC for the design and permitting of the Central Plateau Interceptor Phase II project, in the amount of $258,599, and authorize the Mayor and City Clerk to execute the consultant contract. BACKGROUND SUMMARY: In April 2003, the City entered into an agreement with King County to construct a new sewer interceptor across the proposed Elliott Bridge. Because of the basin it serves, this interceptor is named the Central Plateau Interceptor. Since that time, the County has gone through design and permitting issues, ultimately beginning construction of the project in late 2003. In the summer of 2005, the County dedicated the new bridge, including our interceptor crossing. As part of our 2006 Capital Improvement Program request, the Wastewater Utility has included the second phase of construction for the Central Plateau Interceptor to allow for direct service from both the westerly upland area and easterly upland area to the interceptor. Attached is a map showing the proposed limits of work. This project is anticipated to begin construction during the summer of 2006. In order to meet this schedule, we need to begin the engineering and permitting for the project this fall. Mayor/Central Plateau Consulting October 19, 2005 Page 2 of 2 To provide funding for the design and permitting in 2005, the Wastewater Utility has evaluated its spending for the year and has determined that we have saved significant funds as part of our Sunset Interceptor II project. This project is currently entering its final stage of construction and is running well under the initial anticipated budget. Originally budgeted at $2.6 million at the beginning of 2005, we now estimate that final costs will be no more than $2.2 million. This is mostly due to savings on the initial bid and good construction management by both the contractor and City staff. The following is a table illustrating the proposed transfer within this account: Sanitary Sewer Main Extension (421/45000) Work Order # Project Name Existing Funding Proposed Funding 45395 Sunset Interceptor Ph. II $2,600,000 $2,200,000 45435 Central Plateau Interceptor Ph. II $ 50,000 $ 450,000 45400 Sunset Interceptor Ph. III $1,500,000 $1,500,000 45365 Central Plateau Interceptor Ph. III $ 400,000 $ 400,000 Total (421/45000) $4,550,000 $4,550,000 The result is that we have an estimated savings of approximately $400,000. It is this savings we are asking to apply towards the design and permitting efforts for the Central Plateau Interceptor Phase II project. This shift in accounting does not increase our need for funding, and both projects reside within the same major account number (421/45000), but will utilize separate tracking work order numbers. CONCLUSION: As part of its 2006 Capital Improvement Program, the Wastewater Utility has included the Central Plateau Interceptor Phase II project. In order to meet a summer 2006 construction period, it is necessary to begin the engineering and permitting effort in fall 2005. The Wastewater Utility has benefited from project savings in its Sunset Interceptor Phase II project that can provide the funding in 2005 for this project. Attachment cc: Lys Hornsby, Utility Systems Director H:\File Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase II\Consultant Contract Issue Paper.doc\DMCtp u ENGINEERING CITY OF RENT Cis`.; ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this _, day of , 2005, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and ROTH HILL ENGINEERING PARTNERS, LLC whose address is 2600 116"' Avenue NE, #100, Bellevue, WA 98004, at which services will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Design and Construction Services, Central Plateau Interceptor, Section II WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering services for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the state of Washington for registration of professional engineers, has a current valid corporate certificate from the state of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the services required under this Agreement are fully qualified to perform the services to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to perform the services set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF SERVICES The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the services described in Exhibit A, Scope of Services, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all services described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the services. The Consultant shall make such minor changes, amendments, or revisions in the detail of the services as may be required by the City. This item does not constitute an "Extra Services" item as related in Section VIII of the Agreement. The services deliverables shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the services deliverables, even though accepted by the City. H DESIGN CRITERIA The City will designate the basic premises and criteria for the services needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: F U 1 5\000 1 4\Proj. MngmtWgmntAnnual Coacuhant Agreement Central Plateau.doc 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification, 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." S. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned services. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Services. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such services to the extent provided for in the Scope of Services. The City will not be obligated to perform any such field studies. FA0015\00014\Proj. Mngmt\Ag=t\Annual Consultant Agreement Central Plateau.doc IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the services covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the project. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The services detailed in the Scope of Services will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin services under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the services may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Schedule of Hourly Rates. Such payment shall be full compensation for services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the services. All billings for compensation for services performed under this Agreement will list actual time (days and/or hours) and dates during which the services were performed. Payment for these services shall not exceed $258,600 without a written amendment to this contract, agreed to and signed by both parties. 1. Payment. a. Billing Rates. Payment for the CONSULTANT's services shall be at the CONSULTANT's stated billing rate, which includes base compensation and indirect overhead costs. The standard billing rate of individual personnel assigned to CITY projects shall be calculated as a direct multiplication of the assignee's base compensation rate or hourly equivalent, factored by the CONSULTANT's standard fee multiplier. The CONSULTANT may review and modify the fee multiplier once per year. The CONSULTANT may review and modify the base compensation FA00 1 5\000 1 4\Proj. Mngmt\Agmnt\Annual Consultant Agreement_Central Plateau.doc rate of individuals in employment of the CONSULTANT once per year. The schedule of billing rates is attached to this Agreement as Exhibit C. b. Reimbursable Expenses. Direct Expenses such as mileage, computer station time and certain equipment shall be charged according to the standard schedule of direct reimbursable expenses attached to this Agreement as part of Exhibit C. The CONSULTANT may update the expense schedule two (2) times per year. Invoice Format. The CONSULTANT's invoices shall itemize the hours and fees in a format mutually agreed upon. d. Payment Due. Invoices shall be submitted by the CONSULTANT monthly, are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days of the due date. The CITY will inform the CONSULTANT of the standard monthly invoice submittal schedule that will facilitate the CITY's timely payment of invoices. C. Interest. if payment in full is not received by the CONSULTANT within thirty (30) calendar days of the due date, invoices shall bear interest at one -and -one-half (1.5) percent of the PAST DUE amount per month, which shall be calculated from the invoice due date. Payment thereafter shall be first applied to accrued interest and then to the unpaid principal. Payment for extra services performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra services are authorized. (Section VIII "EXTRA SERVICES"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. FA00 1 5\000 1 4\Proj. Mngmt\Agmnl\Annual Cowuhant Agre=cnt Cm" Pbteau.doc VII CHANGES IN SERVICES The Consultant shall make all such revisions and changes in the completed service deliverables of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed services or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. These services shall be considered as Extra Services and will be paid for as provided in Section VIII. VIII EXTRA SERVICES The City may desire to have the Consultant render services in connection with the Project in addition to or other than services provided for by the expressed intent of the Scope of Services. Such services will be considered as Extra Services and will be specified in a written supplement which will set forth the nature and scope thereof. Services under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether services are Extra Services or services already covered under this Agreement shall be resolved before the services are undertaken. Performance of the services by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Services. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis,,or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this project, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or terminations; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non - Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the services under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City, other than for fault on the part of the Consultant, the CONSULTANT shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CITY shall compensate the CONSULTANT for expenses incurred as a result of the suspension and resumption of its services, and the CONSULTANT's schedule and fees for the remainder of the services may be equitably adjusted upon mutual agreement. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the services to the date of termination, the extent of services originally required which was satisfactorily completed to date of termination, whether those services are in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the services required and the time which may be required to do so, and other factors which affect the value to the City of the services performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the services, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the services by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform services required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with services not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegates, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the services to be performed under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Accord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XH. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty-five days notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting services for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting activities in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor FM I5\OW 14\Proj. Mngmt WgmntAnnual Consultant Agreement_ Central Plateau.doc 7 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF RENTON Kathy Keolker-Wheeler, Mayor Date A FI EST: Bonnie I. Walton, City Clerk F:\0015\00014\Proj. NingmtWgmnt\Annual Consultant Agreement_Central Plateau.doc Exhibit A Scope of Services City of Renton October 7, 2005 EXHIBIT A SCOPE OF SERVICES City of Renton Design and Construction Services Central Plateau Interceptor, Section II Roth Hill Engineering Partners, LLC Project No. 0015.00014.000 PROJECT DESCRIPTION AND PURPOSE The City of Renton currently operates sanitary sewer systems to the north of the Cedar River and east of 1-405. These sanitary sewer systems extend east as far as 148`h Avenue SE and south towards the Cedar River as far as SE 136th Street. A large portion of this existing sewer system is served by a series of sewer lift stations. In addition, there is a considerable area of land within the City to the east and south of the existing sewer system which is not currently served by sewer. As a result, and in conjunction with King County's Elliott Bridge replacement and associated utility upgrades, the City is evaluating the installation of new sanitary sewer lines to serve those areas within the City's service area which are not currently served. The purpose of this project is to prepare design and provide construction services related to the installation of new sanitary sewer lines from the north end of King County's Elliott Bridge project approximately 600 feet to the north on 154th Place SE up the steep slope approximately 800 feet to the west to 152`d Place SE and up the steep slope approximately 350 feet to the east to 156`h Avenue SE. It is assumed for the purpose of this scope and budget that the steep slope portions of the project will be designed and constructed using horizontal directional drilling technologies. This project will also include the design of approximately 2,000 feet of sewer using conventional open trench construction methods from 156th Avenue SE to the intersection of SE 144th Street and 1601h Avenue SE. This project would allow a large area within the City of Renton service area to be severed by sewers. These properties are currently served either by existing septic systems or by existing sewer lift stations. This project would also allow for the future abandonment of the existing sewer lift stations. Specifically, this project involves: the collection of data on existing utilities, topography, geotechnical conditions, and anticipated sewage flows; modeling of future flow scenarios in the tributary basins; evaluation of required pipe sizes and preferred construction methods; determination of regulatory and easement issues; public information and involvement; preparation of the design of the project including plans, specifications, and cost estimates; and construction support services. SCOPE OF SERVICES AND TASKS The scope of services for this project consists of the following tasks: Exhibit A Scope of Services City of Renton llrMhn 7 9nnr A. Utility Research and Coordination • Obtain basemaps and/or construction record drawings for existing power, gas, telephone, water, storm, and cable utilities in the vicinity of the project site. • Incorporate construction record drawing information into project drawings. • Coordination of utility locating using subconsultant. Deliverable: None. This information will be incorporated into the project drawings B. Onsite Design Survey The topographic survey will collect information on above ground surface features including, but not limited to, trees larger than 6-inches in diameter, sanitary sewer manholes, storm catch basins, water valves, fire hydrants, water meters, pavement limits, curb/gutter, sidewalk, utility vaults, poles and pedestals. Also included will be locations of existing utilities as available from record drawings, as-builts provided by utility companies and as field -located by the utilities and identified by painted locate marks (by others). Tasks may include, but are not limited to, the following: • Coordinate with King County's Elliott Bridge design consultant to secure Autocad drawing files (.dwg file compatible with Autocad Map 2000i) and survey control data (horizontal NAD 83 and vertical NAVD 88) for the area they have surveyed along 1541h Place SE for the Elliott Bridge project. This task will require the assistance of the City of Renton. • Research existing property and control data information for areas outside of the current Elliott Bridge replacement project. • Establish X, Y, Z control points in 152"d Place SE, 1561h Avenue SE, and SE 1441h Street for use in topographic surveying. • Establish reference points to be used during construction. • Perform field topographic survey of preferred routes to identify existing surface features, including trees greater than 6-inch diameter and ditch profiles. • Collect measure downs for storm water catch basins and sanitary sewer manholes. • Coordinate with the City to notify and obtain finished floor elevations for the existing residences. • Process field survey data and prepare base map drawings. • Submit base map drawings to City for review (assumes one half size copy) • Mapping review, quality control, and field verification. • Office support (PLS) for required survey tasks. Deliverable: One half size (11x17) copy of the base maps generated from the topographic survey for City review. C. Coordination with Geotechnical Engineer Roth Hill will engage the services of a Geotechnical Engineer who will conduct exploration of subsurface conditions, review available geotechnical data, and prepare a geotechnical engineering report. Roth Hill will: • Coordinate scope of services and subconsultant agreement. K, Exhibit A Scope of Services City of Renton October 7, 2005 • Coordinate project background data and maps with subconsultant. • Review draft geotechnical report prepared by subconsultant. • Include / incorporate geotechnical recommendations into 30% design. • Apply for required permits for drilling activity except for DOE Drilling permit which will be obtained by others. Geotechnical Engineering Subconsultant's Scope of Services is attached as Exhibit D. Deliverable: Geotechnical engineering report and incorporation of recommendations into 30% & 60% design submittals and final design drawings. D. Hydraulic Analysis Hydraulic analysis tasks may include, but are not limited to, the following: • Review existing sewer comprehensive plans to determine if the existing basins identified by the sewer model will drain to the proposed system. If not, then re- define basin boundaries for flow calculation. • Use an assumed flow of 1,500 GPAD for I&I for the hydraulic analysis. • Meet with the City of Renton to review and confirm the basin boundaries to be used in the analysis as well as population projections, 1/1 flow, and design flows based on City of Renton design criteria. • Analyze the proposed piping system for capacity under the defined scenarios using the hydraulic model for calculations. • Prepare technical memorandum summarizing hydraulic analysis results and submit to City for review. Deliverable: Hydraulic analysis results and subsequent pipe sizes will be summarized in a Technical Memorandum and submitted to the City for review. The results will also be reflected in the 30% design submittal. E. Easement Research • Obtain property information for possible affected properties. • Assist City in obtaining right of access for survey and geotechnical study, including drilling. • Prepare cost and schedule impacts in regards to potential easements. • Identify existing easements that may be used for this project so that the City can negotiate for assignment rights to use the easement. • Meet with City to discuss other potential easement requirements. • Prepare a Technical Memorandum summarizing the findings related to easement possibilities and associated potential costs. • Prepare easement Drawings for use by City in acquiring easements. Not included: Negotiation of easements or preparing legal descriptions to be used in easement acquisition and title reports. 3 Exhibit A Scope of Services City of Renton October 7, 2005 Deliverable: Easement Drawings and a Technical Memorandum summarizing required easements. Easements will be shown on the 30% & 60% design submittals and final drawings. F. Regulatory Issues Research and summarize regulatory and permitting issues related to project. Tasks may include, but are not limited to, the following: • Contact various permitting agencies regarding permit requirements and prepare summary of findings (assumes no federal funding). Determination if WDFW HPA and ACOE approval is required for this project based on pipeline alignment and the existing stream at the toe of the west slope. Anticipated permits may include: o Army Corps of Engineers jurisdictional determination (JARPA, if required) o Washington Dept. of Fish and Wildlife HPA (JARPA, if required) o SEPA o King Co. ROW o King Co. Clearing and Grading o Regulatory compliance review for critical areas Deliverable: Technical Memorandum with a summary of required permits will be included with the 30% design submittal. Relevant critical area issues will also be addressed in the SEPA checklist. Not Included: Inquiries into permits required due to federal funding or preparing an initial submittal for the Army Corps of Engineers if required. The City will be responsible for preparing the submittal to the King County Wastewater Treatment Division. G. Preparation of Final Design Drawings and Contract Documents Prepare design plans, specifications and bid documents necessary to advertise the project for public bid. Tasks may include, but are not limited to, the following: • Identify potential utility conflicts with the proposed construction method. • Meet with the Geotechnical subconsultant and City to review the findings from the geotechnical study. • Meet with the City to discuss the initial findings and to receive input on the preferred construction route and method. • Prepare 30% design drawings (plan and profile) and opinion of probable construction cost (OPCC) of preferred route. • Submit the 30% plans and OPCC to the City for review. • Prepare 60% plan and profile drawings, specifications, and OPCC based on 30% review comments. • Meet with geotechnical subconsultant's HDD expert to review design of steep slope portion of the project. • Submit the 60% plans, specifications, and OPCC to the City for review. n Exhibit A Scope of Services City of Renton October 7, 2005 • Generate 90% design drawings based on 60% review comments and add additional information on drawings including details and notes. • Prepare 90% specifications and OPCC. • Submit 90% plans, specifications, and OPCC to the City for review. • Meet with the City to discuss review comments after 90% design submittal. • Revise plans, specifications, and OPCC based on 90% review comments and generate final bid documents. Deliverable: Three (3) half-size paper review copies of the 30% (Plans & OPCC only), 60% and 90% design drawings, specifications, and OPCC. One (1) reproducible quality paper copy of the final bid documents including full size (22"x34") drawings, specifications, and associated contract documents (permits, wage rate table, etc.) for the City to use in generating the bid documents. H. Quality Assurance/Quality Control Review Provide internal quality assurance and quality control review of bid documents to minimize potential change orders and overall project costs. • Internal review of 30%, 60%, 90%, and Final Drawings, Specifications, and OPCC's. • Perform a constructability review using in-house construction observer and send 30% drawings to Contractors who specialize in HDD construction for comment. Deliverable: None. I. Project Bidding Assistance Review and recommend action to the City on competitive bids received to complete the project. • Assist in answering bidder questions during the bid period. • Assist in preparation and issuance of addenda by City for distribution to bidders. • Attend Bid Opening. Deliverable: Addenda as required during the bidding process. J. King County Right -of -Way Permit Apply for King County permit to install the sewer mains in the King County right-of- way. • Prepare, submit, & track application for Right -of -Way permit. • Attend onsite meeting with King County inspector to review project. Deliverable: Permit application to King County K. King County Clearing and Grading Permit Apply for King County permit to install the sewer mains within existing or future easements outside of King County right-of-way. • Prepare, submit, & track application for Clearing & Grading permit. k, Exhibit A Scope of Services City of Renton October 7, 2005 Deliverable: Permit application to King County L. SEPA Checklist Prepare Environmental Checklist for SEPA process required for pipes greater than 8- inches in diameter. • Prepare draft SEPA Checklist for review by the City. Deliverable: SEPA Checklist M. Public Involvement Public involvement tasks may include, but are not limited to, the following: • Prepare an initial mailing to residents in the local area (within 500 feet of potential sewer mains) explaining the intentions of the City of Renton. Mailing will be reviewed, approved, and signed by the City. Assumes one (1) mailing. • Coordinate with the City of Renton to obtain right -of -entry for the topographic surveying and geotechnical exploration. • Prepare mailing to individual residents concerning proposed easements and inform them that a representative of the City will be contacting them. Assumes one (1) mailing. • Conduct one community Open House to discuss project during design and one just prior to construction to discuss construction methods. • Prepare project information and update for City website. Deliverable: Copies of mailings sent to local residents; summary of comments received at Open House; text on project for City website. N. Construction Support Provide assistance to City staff during construction to answer contractor's questions and monitor steep slope portion of the project. • Prepare for and attend pre -construction conference. • Assist City with review of material submittals • Answer contractor questions and coordinate communications with City during construction as needed by City. • Perform site visits of construction activity (assumes one (1) day per week during construction and 12 weeks of construction) • Provide geotechnical expert during HDD portion of construction project (assumes eight (8) hours per week for three (3) weeks) Deliverable: Copies of any construction communications. O. Construction Record Drawings Complete the recording of the contracted work with the City. • Draft changes to design drawings per construction/Contractor's field notes • Review of construction record drawings • Submit one mylar copy of the record drawings to City for approval C. Exhibit A Scope of Services City of Renton October 7, 2005 Deliverable: One (1) mylar copy of the record drawings. P. Project Management Provide initial and ongoing project management of the project. • Prepare project plan. • Manage tasks and staff for during design and construction. • Set up files and manage project filing. • Monitor progress against projected schedule and estimated hours/costs. • Review Work -In -Progress accounting reports and administer invoicing to City monthly. • Communicate with City staff regarding the design progress, any issues of concern, project requirements, periodic reviews, and overall project schedule. • Internal project status meetings. • Meet with City on two occasions in addition to the meetings described above for the purpose of discussing project progress and scheduling (assumes two meetings). Deliverable: Project Plan including Scope of Services, Project Schedule, and Engineering Fee worksheet. ITEMS NOT INCLUDED IN THIS SCOPE OF SERVICES The following services are not included in this Scope of Services. If, during the course of the project, the need for any of these services is identified, an adjustment to this Scope or an additional Scope of Services will be needed. • Submittal of a report to DOE (pursuant to WAC 173-240) if the project is not in conformance with the existing Comprehensive Sewer Plan. • Preparing an amendment to the Comprehensive Sewer Plan, if required. • Environmental studies (wetlands, wildlife, and soil analyses except as provided for in the geotechnical engineering evaluation.) • Potholing of any existing underground utilities. • Additional design meetings or submittals beyond what is specified. • Permits not specifically listed in this Scope of Services. • Permit fees required by any outside agency • Easement acquisition • Construction record surveying • It is assumed that the City will be responsible for submitting final documents to King County Wastewater Treatment Division • It is assumed that the City will be responsible for reproducing bid documents from the original copy provided to the City by Roth Hill • Construction staking. It is assumed that the Contractor will be responsible for staking the proposed sewer line based on reference points set by Roth Hill surveyors during the initial topographic survey. • Administration of the construction contract. END OF EXHIBIT A 7 Exhibit C Schedule of Hourly Rates Roth Hill Engineering Partners, LLC, fee schedule by staff and reimbursable expense classification as of September 1, 2005. Rates are subject to modification. Staff Time Classification Hourly Billing Rate Range Clerical $25.00 - $58.00 Administrative $45.00 - $70.00 Government Affairs $60.00 - $84.00 Technician $50.00 - $71.00 CADD/Drafter $45.00 - $64.00 CADD/Technician $65.00 - $85.00 Project Coordinator $60.00 - $84.00 EIT/Designer $55.00 - $88.00 Engineer $80.00 - $107.00 Construction Representative $68.00 - $102.00 Project Surveyor, PLS / Senior PLS $89.00 - $113.00 Asst. Survey Party Chief / Party Chief $60.00 - $85.00 Survey Technician $45.00 - $58.00 Survey Assistant $56.00 - $62.00 Computer Systems $75.00 - $100.00 Project Administrator/Specialist $79.00 - $116.00 Project / Services Manager $96.00 - $135.00 Director / Principal $135.00 - $150.00 Reimbursable Expenses Travel Vehicle mileage IRS standard rate (currently $0.485) Prints Black & White Laser CADD plots (up to 11x17) $1.25/sheet Color Laser Prints (up to 11 x17) $1.50/sheet Ink Jet CADD plots (large format) $7.50/sheet Computer Station $10.00/hour Field Euuipment Flo -Tote (flow monitoring) $30.00/day Turbidimeter (water quality monitoring) $5.00/day Conventional Surveying Instruments $5.00/hour Standard Surveying Total Station $10.00/hour Robotic Surveying Total Station $15.00/hour No charges are billed for the following items: 1. Long distance phone calls 2. Fax services 3. Postage 4. Photocopy paper or stationery for in-house production 5. In-house Photocopy - no "per copy" charge, but related labor is billed FA0015=01AProi. MngmNkgrmt\Rate Sheet 3025 Effective Sept 1, 2005 rev.doc City of Renton Design and Construction Services Central Plateau Interceptor, Section 2 Engineering Fee Estimate Exhibit C TOTAL lA13OR TOTAL TOTAL Phase Hours Cost Relmbursables Cost �. , _t • ....11tilf �- d�.DvcMiwtiglr .. i2i901 `$918 s Obtain b se maps and/or construction record drawings for existing utilities 12 $50 $968 Incarpom te utility Information into project drawings 18 $1.314 $119 $1,433 Coordina a Utility Locating (using subconsultant) 10 $749 $50 $799 Subcons Rant Invoices $6000 $6000 Obtain el cfronic data for King Co roatl Improvement on 154th PI. SE A, i.2 Researct existing control data 10 4 $841 $380 $70 $50 $911 $430 Establish X. Y, Z control points for use with topographic surveying 12 51,580 $80 $7,6W Establish reference points to be used during construction 6 $900 SW $950 Perform Id topographic survey of preferred routes 74 $11.050 $250 $11.300 Collect alum downs for storm water catch basins and sanitary sewer manholes 8 ft,200 $50 $1,250 Coord. w City to notify and obtain finished floor elevations of existing residence 16 $2.119 $81 $2,200 Process I aid survey data and prepare base map drawings 32 $1,906 $226 $2,131 Submit b se map drawings to City for review 12 f847 $53 $1.000 Mapping view, quality control, and fiekf verification 12 $1.118 $50 $1.168 Office su prt (PLS) for required survey tasks 4 5360 $20 $400 a Prepare cope of services and subconsultant agreement 5 $570 S25 $595 Coordina a pro)ect background data and maps with suboonsuaant 4 $390 $40 $430 Coordino ion with Geotechnical Engineer 16 $1 914 $88 $2 002 Review g Otechnical report 6 $737 $737 Include / ncorporate geotechnical recommendations into 30%design 6 $522 $40 $562 Obtain re juired permits for drilling activity 10 $924 $50 $974 i.'. ' i ., i?S� Idef lli ._: ttnYlticsa $85,700 $85.700 `+53,461 Review btaint; determined for existing Sewer Comp Plans and modify to current needs 28 $3,311 5150 Meet wit Clty to confirm basin boundaries. Population projections, and 1/1 figures 8 $889 $50 $939 Analyze proposed piping system for capacity under the defined scenarios 28 $3.204 $1so $3.384 Prepare ethnical Memorandum summarizing hydraulic analysis findings 10 21,117 $100 $1.217 _ o- e, .. >'� • �� ..M..:'• ..,�, F 'Y..:aF S 3 "4+R�i �?.. a-.<L��Sa.K�u�at:'Sr X. �, fT:6'.. .��i��i�i;'k .:-.+. ..,;'zpY ,•..� Obtain property information for possible affected properties ,., 2 :.F.. 3119 $20 $139 Assist City in obtaining right of access for survey & geotech study 12 $i,41 $40 $1.499 Identify existing easments to be used for this project 5 $508 $20 $528 Prepare cost and schedule impacts in regards to potential easements 7 $860 $40 $HOO Meet with City to discuss easement possibilities 8 $941 $30 $971 Prepare Technical Memorandum summarizing easements 8 $912 $50 $962 - R tits hesws. i,. '302-25 ,Mt38 -i116� •. -;:. S2Apo Contact variouc permitting agendas regarding permit requirements and prepare summary Determine if initial submittal to Army Corps for ditch jurisdiction is required 7 5 $666 $518 550 $35 f716 $553 Determine if Washington Dept. of Fish & Wildlife HPA is required 5 518 535 Meet with King Co. regarding regulatory compliance review for critical areas $553 Other Anticipated Regulatory Issues are: 8 $737 $42 $779 SEPA King Co. ROW King Co. Clearing and Grading li.. 194 Design 30% Design .. . > :..:,: ,-...:._.. 439 . :. Identify potential utility conflicts with Proposed construction method Meet with Geotechnlcal Sub and review findings from geotach study 10 $786 $80 $866 Mae t with City to discuss Initial findings and receive Input on the preferred construction route & method 12 12 $7,221 $1.221 $1.477$4,335 $50 $50 $1.271 $1,271 Prepare preliminary (30%) design drawings (plan and profile) of preferred route $1,527 Prepare preliminary opinion of probable construction cost for recommended construction method 47 $$50 $400 Submit drawings and OPCC to City for review 10 $786 $786 $120 $735 $906 60% Design$920 12 $ Prepare plan and profile drawings Prepare specifications 5 5 f4,501 $500 $5,001 Prepare opinion of probable construction cost (OPCC) 53 $5,755 $500 $6.255 Submit drawl ngs, specifications, and OPCC to City for review 14 51,265 Ill, $1,36520 90%Dsslgn 12 $920 $100 57,0 Revise drawings from previous review comments Provide additional Information on drawings including details and notes 45 $4,219 $370 $4,588 Revise speicifications and OPCC 28 S2.308 f200 $2.W8 Submit drawings, specification, and OPCC to City for review 48 $4.605 $340 $4,945 Meet with City to discuss review comments 12 $920 $100 $1,020 Revise drawings and specifications from previous review comments 12 $1,477 $20 $1,497 Final Old Document Production 32 $3.045 $200 $3,245 Prepare and stamp final Drawings, Specifications, and Engineers OPCC ,. .,. 27 f2 529 $301 $2,830 H. ...80 QAtCC i'18A83 ::"If iftW Review 30%drawings .._._ .-. ......:. •. 87 ., ..p... ., .: n, ,.,�. A.,rs. ,-..::,x.�..W Review 60%drawings 14 $1.737 $1,737 Review 90%drawings 21 $2,6W $2,5% Review final bid documents 18 $2,046 52.048 Perform constructability, review using In-house observer and specialized HDD Contractors 20 $2,328 $2,328 16 f1.813 $17 S1,a30 I. 131 Siddln .-Services :$3,BtR Assist in answering Bidder questions during bid period ' " �8 - >• - -. ,..�.:, .;. - Assist In Preparation and issuance of addenda by City for distribution to bidders 14 $1,694 SBO $1,774 Attend Bid opening 8 5957 $78 $1,035 4 $"1 $50 $491 F:100151000141Scops Dev s2475518.Sx11 Centml Plateau -Budget TnwAklg_Og20 d$ City of Renton Design and Construction Services Central Plateau Interceptor, Section 2 Engineering Fee Estimate Exhibit C - _.-,._..... Attend onslle meeting w/KC Inspector to review woject Oil Prepare draft SEPA checklist a 18 $1,6211 $73 $1.70( ..... Prepare initial mailing to residents eg7g what the City of Renton's Intentions are lahnrl 1 t $1.%6 $187 $1.537 Coordinate obtaining Right of -Entry for survey pew to Prepare mailings to Individual residents concerning easements (assumes 1 mailing) 12 $1.511 $50 $1.561 Conduct Community Open House 78 $1.737 $180 $1,897 Prepare materials for City ""Mite 24 $2,529 $200 $2,720 5 $481 $200 $681 Prepare for and attend pro-consWdion meeting Assist City with review of material submittals 12 57,288 $Bp $1,369 $1,389 Answer Contractor questions and coordinate communications with City during construction 8 8 $959 957 $80 Perfoml site visits of Construciton activity (assume 1 day$250 perweekdurtngConaWctlOn) $4 $4.607 96 $10,628 $489 $11.117 Support from Geotechnical Suboonsultant during construction $3,400 $3,400 Drag changes to design drawings Per consb11ction/Contreciors field notes Review of construction record drewings 50 $3 892 $350 $4.242 Submit one mylar copies of the record ire wings to City for approval 5739 $739. Manage tasks and staff during design and construction Set up files and manage project filing Review Work -In -Progress accounting reports and administer Invoicing to City monthly Communicate with City staff regarding the project status and any related Issues Internal project status meetings Meet with City on two occasions for the Purpose of discussing project progress and scheduling Geotechnical Exploration $91,000 Surveying & Utility Coord. $32,699 Preliminary Design $9,000 Engineering Design $58,400 Easements/Permitting/PI $22,300 Project Management $17,400 Construction Services $27.900 $258,599 F:10015XOW141Scope Dev e2475M.&I I Ceneal puneau-eudgat Traekkg_092005.,dX SHANNON &WILSON, INC. EXHIBIT D REVISED SCOPE OF SERVICES AND ESTIMATED COSTS -FOR DESIGN` 21-3-50955-001 SHANNON 6WILSON, INC. EXHIBIT D REVISED SCOPE OF SERVICES AND ESTIMATED COSTS FOR DESIGN TABLE OF CONTENTS LIST OF TABLES Table No. 1 Cost Summary, Central Plateau Interceptor, Renton, Washington 2 Shannon & Wilson Labor Hour Breakdown, Central Plateau Interceptor, Renton, Washington 3 Breakdown of Other Direct Costs, Central Plateau Interceptor, Renton, Washington ATTACHMENT Important Information About Your Geotechnical Proposal 21-3-50955-001-L1 Ex0.d0dWp1LKD 21-3-50955-001 Exhibit D-i SHANNON 6WILSON, INC. EXHIBIT D - REVISED SCOPE OF SERVICES AND ESTIMATED COST FOR DESIGN SITE DESCRIPTION AND PROJECT UNDERSTANDING The proposed project is located just outside the City of Renton (City) on the north side of the Cedar River valley. The project comprises the construction of two sanitary sewer mains down steep slopes to serve the residential area of Maplewood Heights, located along the edge of the plateau. Previous feasibility studies have identified two alternative alignments on the west side of 1541h Place SE and one alignment on the east side of 1541h Place SE utilizing horizontal directional drilling (HDD) to install a 12- to 15-inch-diameter, high -density polyethylene (HDPE) pipe. To assist Roth Hill with this project, Shannon & Wilson would perform geotechnical explorations, provide recommendations, and provide the geotechnical portion of the design for the proposed HDD installations. In addition, we will evaluate potential adverse impacts to the aquifer currently being used as a source of water for the residence located at the base of the slope near the West — 2 alternative. Our scope of services and estimated fee for the HDD alternatives of the steep slope portions of the project are presented below. SCOPE OF SERVICES ► To evaluate design and construction issues, we propose the following scope of services. ► Drill three borings, one for the east main and two for the west main alignments. P. Excavate a test pit at the base of each slope near the location of the entry or exit pits. ► Provide boring and test pit logs and results of laboratory tests. ► Provide a draft and final geotechnical report with recommendations for design and construction of the HDD installation, including recommended drill paths. ► Evaluate potential adverse impacts to the aquifer on the west side of 1541h Place SE. ► Provide design assistance following delivery of our geotechnical report. ► Review specifications and drawings concerning HDD construction. > Attend three meetings to discuss design issues, contractor selection, and construction considerations. ► Provide assistance during HDD construction. To understand the subsurface conditions likely to be encountered along the drill path of each HDD alternative, we propose drilling a boring at the top of the east and west slopes to a depth slightly greater than the height of each hillside. One boring would be drilled at the top of the east slope to a depth of 120 feet. We anticipate that the boring can be drilled adjacent to the street 21-3-50955-001 -LI ExD.doc/wp/LKD 21-3-50955-001 Exhibit D-1 SHANNON 6WILSON, INC. using a truck -mounted drill rig. We would also drill one boring at the top of the west slope at the West — 2 alternative to a depth of about 175 feet. A second west main boring would be drilled to a depth of about 30 feet at the top of the West — 1 alternative to evaluate shallow subsurface conditions. We anticipate that drill rig access to both west main borings would be through the utility right of way off of SE 145`h Place, and that these two borings would be drilled using a track -mounted drill rig. Minor clearing and grading with a backhoe may be required to reach these west main drill locations. We also propose excavating a test pit at or near the bases of the east and west slopes to evaluate conditions where the HDD pipe would daylight. The three borings and the two test pits will be performed by drilling and backhoe contractors subcontracted by Shannon & Wilson. For the east main test pit, we have assumed that we will need flaggers for traffic control along 154`h Place SE, which will be subcontracted to others by Shannon & Wilson. We would sample the three borings at 5-foot intervals. Soil spoils generated during drilling will be drummed and disposed off site. Prior to drilling, we will contact One Call to have existing utilities at -the location of our proposed borings marked on the ground prior to drilling. All borings will be drilled using mud rotary methods. A well will be installed in the east boring, and a well and vibrating wire piezometer (VAT) will be installed in the West - 2 boring. We have assumed that you or the City will provide all rights -of -entry and permits necessary for the performance of these explorations other than Department of Ecology well permits, which will be obtained by the driller. We have also assumed that you will provide us with surveyed topographic plans of the three routes. Limited laboratory testing on selected samples obtained from the subsurface explorations will be performed to evaluate index and engineering properties. Geotechnical testing will include water content determinations on all samples, eight grain size analyses, and three Atterberg limit determinations. Water quality testing will be conducted on one water sample drawn from the West — 2 boring from the depth interval of the residential water supply. We have included time to measure water levels in wells and VWP three times following installation. After completing our explorations, we will meet with you to discuss our findings and HDD construction considerations. The report will include logs of subsurface explorations, laboratory test results, a subsurface profile of each slope, and our conclusions and engineering recommendations. We will provide a draft report for your review and a final report addressing your draft report comments. We have included time in our scope for three meetings during the course of the work to assist in the design of the HDD segments. We propose meeting with you once after we deliver the draft report and twice after we deliver the final report. We have also included time to assist you during construction (eight hours per week for three weeks). 21-3-50955-001-LI ExD.doclwp✓[,i(p Exhibit D-2 21-3-50955-001 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: Mayor WN,WWII'•• i RENTON CITY COUNCIL: Council President FAA 5\00014\Proj. Mngmt\AgmnM=ual Consultant Agreement_ Central Plateau.doc 10 AFFIDAVIT OF COMPLIANCE ROTH HILL ENGINEERING PARTNERS LLC hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is ROTH HILL ENGINEERING PARTNERS LLC's policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. H. ROTH HILL ENGINEERING PARTNERS LLC complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable, ROTH HILL ENGINEERING PARTNERS LLC will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Gregory G. Hill — President Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Utility Systems Division/Surface Water Utility Staff Contact...... Lys Hornsby (ext. 7239) Ron Straka (ext. 7248) Subject: Extension of WRIA 8 & 9 Salmon Conservation Planning Interlocal Agreements Exhibits: Issue Paper Resolution Extension to the Interlocal Agreement, Work Plan, Budget and Cost Share Allocation Recommended Action: Council Concur AI #: , For Agenda of: November 7, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... 94 X Approvals: Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $21,700 Transfer/Amendment....... Amount Budgeted....... $21,700 Revenue Generated......... Total Project Budget $21,700 City Share Total Project.. $21,700 SUMMARY OF ACTION: Requesting approval of a one-year extension to the Interlocal Agreements between the City and other participating jurisdictions within the Water Resource Inventory Areas (WRIA) 8 and 9. The City ratified the WRIA 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan in August and October of this year. The extensions of the interlocal agreements are needed to facilitate the transition between developing the plans to the implementation of the recommended actions and activities needed to protect and restore habitat for salmon. The extension to the Interlocal Agreements will fund the resources needed to perform the work associated with the transition to implementation of the plans and other activities. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute an extension of the Interlocal Agreements between the City and other jurisdictions participating in the WRIA 8 and WRIA 9 salmon conservation planning. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2760 WRIA 9 Planning\WRIA 9 Forum\2005 WRIA 9 Forum\ILA Extens ion\ WRIA8&9ILAExtensionAgnb it l.doc\RStp nE, PLANNING/BUILDING/,PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: October 26, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor FROM: fwGregg Zimmerma�X-mmistrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) SUBJECT: Extension of WRIA 8 and 9 Salmon Conservation Planning Interlocal Agreements ISSUE: The Planning/Building/Public Works Department requests Council approval of a resolution authorizing the Mayor and City Clerk to execute an extension of the Interlocal Agreements between the City and other jurisdictions participating in the WRIA 8 and WRIA 9 salmon conservation planning. RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute an extension of the Interlocal Agreements between the City and other jurisdictions participating in the WRIA 8 and WRIA 9 salmon conservation planning. BACKGROUND: The Water Resource Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan were completed and ratified by the City in accordance with the interlocal agreements that were approved for their preparation (CAG-01-004 and CAG-01-005). The plans were prepared and approved in coordination with a total of 27 jurisdictions in WRIA 8 (Lake Washington/Cedar/Sammamish basins) and 17 jurisdictions within WRIA 9 (Green/Duwamish and Central Puget Sound basins). The plans were produced over the last 5 years by the WRIA 9 Steering Committee, which included representative stakeholder groups including cities, counties, environmental groups, business groups, state agencies and citizens. The March 1999 listing of the Puget Sound Chinook salmon as a threatened species under the Endangered Species Act (ESA) was the impetus for the preparation of these plans. Council/WRIA 8 & 9 ILA Extension October 26, 2005 Page 2 of 2 The WRIA 8 and 9 forums have recommended that each jurisdiction agree to extend the existing interlocal agreements that were approved for the preparation of the plans to allow for the transition between the completion of the plans and their implementation. The extension of the interlocal agreements will fund the staffing resources and resources needed to transition from planning to implementation of the recommended actions in the plans and to continue implementation of Salmon Recovery Funding Board (SRFB) projects and other ongoing activities. The attached work programs and budgets define the work that each participating jurisdiction within WRIA 8 and 9 will be funding in 2006. A new agreement for plan implementation between jurisdictions is anticipated at the end of 2006. The Surface Water Utility has included sufficient funding in the proposed 2006 budget to fund the extension of the interlocal agreements for WRIA 8 and WRIA 9. The City's share of the cost associated with the extension of the WRIA 8 and 9 Interlocal Agreements for 2006 is $11,303 and $10,397 respectively, for a total of $21,700. These plans incorporated a comprehensive scientific review of the current and future habitat conditions, current fish use of the habitat and problems that are affecting the habitat. Based upon the review, actions were identified that can be implemented over the next 10 years that will help to protect, improve and restore habitat, which is beneficial to Chinook salmon, bull trout and other fisheries resources. These efforts will complement habitat improvements in other parts of Puget Sound and changes to hatchery and harvest practices and contribute to the overall recovery of Puget Sound Chinook salmon and bull trout. In addition, these measures provide other benefits such as water quality protection, open space preservation, flood hazard reduction, maintenance of cultural heritage and general quality of life benefits. CONCLUSION: The Planning/Building/Public Works Department recommends approval of the resolution authorizing the Mayor and City Clerk to execute an extension of the interlocal agreements between the City and other jurisdictions participating in the WRIA 8 and WRIA 9 salmon conservation planning. Attachments cc: Lys Hornsby, Utility Systems Director H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2760 WRIA 9 Planning\WRIA 9 Forum\2005 WRIA 9 Forum\ILA Extension\WRIA 8 & 9 ILA Extension Issue_paper.doc\RStp CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENSION OF THE INTERLOCAL AGREEMENTS AMONG PARTICIPATING JURISDICTIONS WITH THE GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED RESOURCE INVENTORY AREA (WRIA 9) AND THE LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED RESOURCE INVENTORY AREA (WRIA 8). WHEREAS, RCW 39.34 authorizes cities and counties to enter into interlocal agreements, as necessary, to work together on issues requiring joint action of the parties; and WHEREAS, on June 11, 2001, the City of Renton entered into an Interlocal Agreement (ILA) for participation in WRIA 8 and WRIA 9 for the purposes described therein; and WHEREAS, an amendment to the WRIA 9 ILA was authorized on August 20, 2001; and WHEREAS, the City of Renton wishes to extend the ILA for WRIA 8 and WRIA 9 through the project year 2006, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to execute an extension of the ILA between the City and the other participating jurisdictions within WRIA 8 (Lake Washington/Cedar/Sammamish basins) and WRIA 9 (Green/Duwamish and Central Puget Sound basins) for an additional term of one (1) year, ending December 31, 2006. 1 RESOLUTION NO. SECTION 1H. The Mayor is hereby further authorized to sign the extension to Interlocal Agreements and implement necessary administrative actions consistent with this resolution. PASSED BY THE CITY COUNCIL this day of 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES. I 140:10/ 19/05 : ma Kathy Keolker-Wheeler, Mayor 2005. 2 EXTENSION TO THE INTERLOCAL AGREEMENT For the Watershed Basins within Water Resources Inventory Area 8 This Extension to Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area (WRIA) 8 ("Agreement"), entered into by the Counties of King and Snohomish, the Cities of Bellevue, Bothell, Edmonds, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville, and the Towns of Beaux Arts, Hunts Point and Yarrow Point, ("Original Parties") extends the original term of the Agreement through December 31, 2006, ("Extension") to allow all or some portion of the Original Parties additional time to pursue initiation of activities related to implementation of the Lake Washington/Cedar/Sammamish Watershed Chinook Salmon Plan ("Plan"). Through the Agreement, the Original Parties completed the drafting of the Plan in 2005 and are engaged in the process of Plan approval and ratification through their individual legislative bodies. The parties to this Extension ("Parties") wish to extend the Agreement through December 31, 2006, in order to obtain such approval and ratification and to pursue initiation of activities related to implementation of the Plan. Section 5 of the Agreement allows the term of the Agreement to be extended through written agreement of the Parties. This Extension is effective upon execution by a sufficient number of the Original Parties meeting the condition for effectiveness for the original Agreement, i.e., pursuant to Section 3 of the Agreement, execution by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the affected population. Only the Original Parties signing this Extension shall be bound by the terms of the Agreement as extended by this Extension. The Agreement term is hereby extended through December 31, 2006, except that billing for services provided by the Service Provider and payment for such services by the Parties executing this Extension may extend beyond December 31, 2006, until all such billings have been paid. This Extension may be executed in counterparts. All other terms of the Agreement shall remain unaffected by this Extension and shall remain in full force and effect. IN WITNESS WHEREOF, this Extension is executed by the entities so signing on the dates indicated below: Approved as to form: Title: Date: CITY OF: RENTON Title: Date: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2969 WRIA 8 Planning\WRIA 8 Forum\2005 WRIA 8 Forum\ILA Extension Approval\Renton wria 8 ILA extension.doc EXHIBIT A: Work Program for Services Provided to WRIA 8 Partners in 2006 Forum Coordination/Shared Strategy • Schedule and staff WRIA 8 Forum meetings at key decision points to inform and approve WRIA work products. • Staff effort as appropriate to research and propose options on organizational structure beyond 2006 including staffing and oversight committees. Work with designated co- chairs, Forum, Staff Committee, and other appropriate committees. • Coordinate effort to set up implementation structure beyond 2006 as appropriate. • Support WRIA 8 Forum on work with Shared Strategy to seek funding and other appropriate assistance for WRIA 8 plan implementation. • Support and inform the WRIA 8 Forum on negotiations with the federal and state governments for benefits to local governments for plan implementation; coordinate with NOAA Fisheries and U.S. Fish and Wildlife Service as appropriate; coordinate with other WRIAs. • Work with local jurisdictions to provide presentations and briefings on salmon conservation plan implementation to city and county councils. • Provide information to all jurisdictions equally. WRIA Forum staff may help accomplish this. • Coordinate with WRIA 8 Forum staff. Program Management of WRIA 8 Plan/Steering Committee • Schedule and staff meetings of the WRIA 8 Steering Committee at key decision points. • Work with the WRIA 8 Steering Committee and supporting committees regarding possible modifications to the plan based upon the results of the treatment phase of the Ecosystem Diagnosis and Treatment (EDT) model and other requested technical analyses. • Work with the WRIA 8 Steering Committee and supporting committees to coordinate amendments to plan that could result from Shared Strategy roll -up and federal and state review. Work with appropriate WRIA 8 committees to review and respond to federal and state review. • Work with the appropriate committees to develop milestones to measure implementation progress and to refine the proposed work program and timeline as necessary to implement the WRIA 8 plan. • Coordinate with WRIA 8 partners and stakeholders to develop a format to communicate progress on plan implementation to WRIA 8 partners, interested groups, watershed residents, WRIA 8 outreach network, and Shared Strategy. • Coordinate with jurisdictional partners and others to develop appropriate tools to facilitate plan implementation, such as workshops, information exchanges, training, and fact sheets. • Work with Shared Strategy and other WRIAs to develop and communicate common messages to the media and other appropriate audiences. • Respond to citizen and agency inquiries on the WRIA 8 process and plan. Plan Implementation • Support the Steering Committee (in their role as citizen -based committee under RCW 77.85) in developing, prioritizing, and presenting grant proposals to the state's Salmon Recovery Funding Board (SRFB), based on the WRIA 8 plan conservation strategy and start -list actions. 7/21 /05 • Support the Forum in developing, prioritizing, and presenting project recommendations to King Conservation District (KCD) for funding, based on the WRIA 8 plan conservation strategy and start -list actions. • Track implementation of approved KCD and SRFB grants and actions from other regional funding sources as appropriate. • Work with Corp of Engineers and local sponsors to seek funding and implementation of projects through the General Investigation/Ecosystem Restoration Project. • Seek ways to implement programmatic actions (land use and public outreach) on start -list and comprehensive lists through other processes, e.g., flood plan implementation, critical areas ordinances, shoreline master programs, stormwater management programs, stewardship, and other education programs. • Coordinate with WRIA 8 partners and organizations to develop a funding strategy that seeks federal, state, and other funding opportunities for start -list actions and plan priorities. • Research new grant and funding opportunities. Help to establish partnerships and seek funding for start -list actions. Identify grant -funding opportunities that benefit regional fish habitat, water quality, and flood hazard reduction. Use the WRIA 8 plan to guide priorities for action. • Conduct outreach to jurisdictions, organizations, and individuals about the plan in general and in support of implementing actions in the plan. Technical Coordination • Coordinate WRIA 8 technical/monitoring activities for the watershed. • Work with the WRIA 8 Technical Committee (WBTC), NOAA Fisheries Technical Recovery Team (TRT), and other state and regional efforts to develop a monitoring and evaluation strategy for WRIA 8. • Work with WBTC, TRT, and resource agencies to identify appropriate sampling design and protocols necessary to monitor and evaluate plan implementation and ensure that data from multiple parties can be aggregated and compared. • Compile and assess on -going and proposed habitat and salmon monitoring to identify monitoring and evaluation gaps. • Develop scopes necessary to implement the monitoring and evaluation strategy using protocols recommended by NOAA Fisheries. • Coordinate implementation of WRIA 8 monitoring activities with local jurisdictions, agencies, stakeholders, other WRIAs, and tribes. • Organize and oversee technical services contractors to carry out specific technical tasks (e.g., related to monitoring and data management). • Coordinate and update EDT modeling with regional land use and hydrologic modeling (e.g., Puget Sound Regional Council) and other new habitat information to compare the expected effects of plan actions as needed. Program Management and Administration Conduct general administration work in support of implementation of the interlocal agreement and MOU. Includes work program development and monitoring, budget development and tracking, regular reporting, billing, personnel, and supervision. Short written progress reports will accompany the trimester billings to the parties and will be distributed to WRIA 8 Forum members. 7/21 /05 10 WRIA 8 2006 BUDGET Approved by WRIA 8 Forum as of July 27, 2005 REVENUES ILA -Cost Share -- _ _ _ 2006 King Conservation District ^ - — --- 501,063 Lead Entity --- F _ —__ 660,000 Revenue Total EXPENDITURES — Sra ng1 WRIA Coordinator Program Mana er— Prqjects_and Funding Coordinator — Administrative Support ( % FTE)_ Technical Coordination ( % FTE Tech—nical Coordinator and %2 FTE Technical S_pport�— _Sub-total — — Operations__ — Meeting and Event sport Mileage and Vehicle Use — Communications — -�- Supplies and Training -- 'onsultants _ Facilitation — — — EDT License— S ub-total — - _Meeti!j& and Event support Mileage and Vehicle Use Communications - SupLlies and Training Facilitation — ED_TLicense Sub -total Sta r and Operations Total KCD Grants Unallocated- to be allocated or returned Proiects iture Totals 1,221,063 126,470 _ 102,149 117,787 35,787 102,382 484,575 2,000 2,500 10,000 -- -- 2,500 18,000 15,000 _ 10,000 60,000 --_—10,000 2,500 20,000 2,500 ^— 15,000 10,000 -- -- -- 60,000 _ 544,575 660.000 16,488 1,221,063 ' Amount dependent upon KCD reauthorization and allocation. 2 Staffing costs for King County employees includes salary, benefits, retirement, industrial insurance, OASI and all applicable indirect costs. 3 Amount spent will be dependent upon amount collected and distributed to WRIA Forums. WRIA 8 Allocations per Jurisdiction Approved by WRIA 8 Forum Allocations for 2006 are expected to the same as 2005. City Cost Share Beaux Arts $137 Bellevue $44,443 Bothell $11,868 Clyde Hill $1,568 Edmonds $11,571 Hunts Point $634 Issaquah $6,764 Kenmore $6,438 Kent $365 King County $117,019 Kirkland $14,626 Lake Forest Park $4,436 Maple Valley $1,178 Medina $2,472 Mercer Island $10,497 Mill Creek $3,374 Mountlake Terrace $5,265 Mukilteo $5,331 Newcastle $3,513 Redmond $19,318 Renton $11,303 Sammamish $15,400 Seattle $135, 972 Shoreline $15,800 SnoCo $46,335 Woodinville $4,743 Yarrow Point $693 Totals $501,063 EXTENSION TO THE INTERLOCAL AGREEMENT For the Watershed Basins within Water Resources Inventory Area 9 This Extension to Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area (WRIA) 9 ("Agreement'), entered into by King County and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tukwila, and Tacoma ("Original Parties") extends the original term of the Agreement through December 31, 2006, ("Extension") to allow 7 all or some portion of the Original Parties additional time to pursue initiation of activities related to implementation of the Green/Duwamish and Central Puget Sound Watershed Chinook Salmon Plan ("Plan"). Through the Agreement, the Original Parties completed the drafting of the Plan in 2005 and are engaged in the process of Plan approval and ratification through their individual legislative bodies. The parties to this Extension ("Parties") wish to extend the Agreement through December 31, 2006, in order to obtain such approval and ratification and to pursue initiation of activities related to implementation of the Plan. Section 3 of the Agreement allows the term of the Agreement to be extended through written agreement of the Parties. This Extension is effective upon execution by a sufficient number of the Original Parties meeting The condition for effectiveness for the original Agreement, i.e., pursuant to Section 3 of the Agreement, execution by at least five (5) of the eligible jurisdictions within WRIA 9 representing at least seventy per cent (70%) of the affected population. Only the Original Parties signing this Extension shall be bound by the terms of the Agreement as extended by this Extension. The Agreement term is hereby extended through December 31, 2006, except that billing for services provided by the Service Provider and payment for such services by the Parties executing this Extension may extend beyond December 31, 2006, until all such billings have been paid. This Extension may be executed in counterparts. All other terms of the Agreement shall remain unaffected by this Extension and shall remain in full force and effect. IN WITNESS WHEREOF, this Extension is executed by the entities so signing on the dates indicated below: Approved as to form: Title: Date: CITY OF RENTON Title: Date: HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Watel Projects (CIP)\27-2760 WRIA 9 Planning\WRIA 9 Forum\2005 WRIA 9 Forum\ILA Extenstion\Renton wria 9 ILA extension agreement.doc WRIA 9 Transitional Scope of Work Proposed for 2006 Forum and Steering Committee Coordination • Schedule and staff a reduced number of WRIA 9 Forum and WRIA 9 Steering Committee meetings at key decision points in implementing and monitoring of the Habitat Plan and preparing the scope of work and budget for work to be cost -shared after 2006; • Participate in and coordinate with State and Puget Sound regional efforts, such as the Lead Entity Advisory Group, the Puget Sound Nearshore Partnership, and regional or sub -regional efforts; • Schedule and staff WRIA 9 Management Committee meetings to oversee the transitional 2006 ILA -funded work program; • Provide information to jurisdictions; and • Coordinate with city and county staff and elected officials. WRIA 9 Plan Monitoring and Adaptive Management • Work with the WRIA 9 Steering Committee to facilitate the implementation and monitoring of the WRIA 9 Salmon Habitat Plan; and • Develop and implement adaptive management, and participate in regional or sub -regional planning, implementation, monitoring, and financing efforts. Public Outreach Coordinate a public outreach and involvement and marketing/communications strategy for the WRIA 9 plan implementation process. Products could include: • Interpretive materials to help engage the public in the WRIA implementation and monitoring process; • Field trips or other informational opportunities for the Steering Committee, Forum and state and federal electeds; • A regularly updated and maintained WRIA 9 website; and • Coordination with jurisdictions with implementation of education and stewardship programs identified by the Habitat Plan. Capital Proiects and Other Plan Programs/Non-Capital Actions • Support the Steering Committee (in their role as citizen -based committee under RCW 77.85) in the development, prioritization, and selection of grant proposals in WRIA 9 for the State's Salmon Recovery Funding Board process and other grant opportunities; • Work with the WRIA 9 Forum to develop a list of recommended project candidates for King Conservation District (KCD) Forum revenues from the KCD Assessment; • Identify grant -funding opportunities to support regional fish habitat and water quality protection and restoration projects; • Facilitate the development of cooperative grant proposals to support regional fish habitat and water quality protection and restoration projects, ensuring that they are coordinated with recommendations and priorities in the Habitat Plan; • Coordinate and manage the implementation of regional, cost -shared projects and programs; and • Coordinate regional aspects of the Green River Ecosystem Restoration Project and Nearshore General Investigation/Puget Sound Nearshore Partnership. WRIA 9 Transitional Scope of Work for 2006 7-13-05 Program Management and Administration Conduct general administration work in support of ILA implementation. Includes work program development and monitoring, budget development and tracking, regular reporting, billing, personnel, and supervision. Short written progress reports will accompany the billings to the parties. Verbal progress reports will be made at WRIA 9 Steering Committee, Forum, and Management Committee meetings. WRIA 9 Transitional Scope of Work for 2006 7-13-05 2 WRIA 9 TOTAL REVENUES AND EXPENDITURES 2006 BUDGET Management Committee Recommended REVENUES 2006 ILA Cost Share 368,600 King Conservation District Grant (2005 Collection) 622,500 SRFB/Lead Entity Grant 64,500 ILA Cost Share Carryover from 2005 15,000 REVENUE TOTAL 1,070,600 EXPENDITURES ILA EXPENDITURES Staffing Watershed Coordination (1.0 FTE) 129,500 Habitat Plan Monitoring (1.0 FTE) 109,700 Outreach & Education/Program Reporting (0.5 FTE) 53,600 Administrative Assistance (0.5 FTE) 35,800 Staffing Sub -total 328,600 ILA Operations Meeting and Event Support 3,000 Mileage and Vehicle Use 4,000 Postage and Communications 13,000 Supplies and Training 12,000 Facilitation 8,000 ILA Operations Sub -total 40,000 Professional Assessment (carried over from 2005) 15,000 ILA Cost Share Total Ex enditures 383,600 KCD & LEAD ENTITY GRANT EXPENDITURES ERP Local Match -Green/Duwamish River Project 170,000 -Nearshore Ecosystem Restoration Partnership 30,000 ERP Sub -total 200,000 High Priority WRIA Research -Chinook Passage Barrier Inventory 50,000 -Monitoring and Adaptive Management 50,000 Research Sub -total 100,000 Project Grant Match -SRFB Leverage 100,000 -Project Grant Match Opportunity Fund 112,000 Grant Match Sub -total 212,000 Habitat Project Implementation (1.0 FTE) 115,000 Public Involvement Implementation 10,000 Education and Stewardship 10,000 Maintenance of Small Native Planting Sites 30,000 Beach Naturalist Program 10,000 Projects/Education/Stewardship Sub -total 175,000 KCD & Lead Enk Grant Total Ex enditures 687,000 EXPENDITURE TOTAL 1,070,600 09/30/05 11:08 AM WRIA 9 Forum Approved 2006 Cost Shares Jurisdiction Proposed REDUCED 2006 Cost Shares WRIA9 City of Algona 0.09% $ 317.19 WRIA9 City of Auburn 4.62% $ 16,282.27 WRIA9 Black Diamond 0.99% $ 3,489.06 WRIA9 City of Burien 4.01 % $ 14,132.44 WRIA9 City of Covington 1.87% $ 6,590.44 WRIA9 City of Des Moines 2.97% $ 10,467.17 WRIA9 City of Enumclaw 0.91 % $ 3,207.11 WRIA9 City of Federal Way2.27% $ 8,000.16 WRIA9 City of Kent 11.95% $ 42,115.39 WRIA9 Kin County 37.72% $ 132,936.60 WRIA9 City of Maple Valley 1.56% $ 5,497.91 WRIA9 City of Normand Park 1.10% $ 3,876.73 WRIA9 City of Renton 2.95% $ 10,396.69 WRIA9 City of SeaTac 4.40% $ 15,506.92 WRIA9 City of Seattle 18.75% $ 66,080.63 WRIA9 City of Tukwila 3.85% $ 13,568.56 WRIA9 City of Tacoma $ 16,170.00 $ 368,635.24 APERRCVED BY CETV COUNCIL Date X 7 a005- UTILITIES COMMITTEE COMMITTEE REPORT November 7; 2005 Latecomer's Agreement Request LandTrust Inc. Sewer Installation - File LA-05-004 (Referred 10/24/2005) Dick Gilroy of LandTrust, Inc. has withdrawn the request for a latecomer agreement for sewer installation along Hoquiam Ave. NE. The Utilities Committee, therefore, recommends that Council remove this item from the Committee's Referral List. Randy Corman, Chair Dan Clawson, Vic Chair 17on Persson, Member cc: Lys Hornsby, Utility Systems Director Karen McFarland, Utility Systems Engineering Specialist Arneta Henninger, Development Services Engineering Specialist I:\COMMITTEE\Reports\Utilities\2005\LandTmst Latecomer.doc\KLMtp APPROVED DY _1 CiTYCOUNCIL PLANNING AND DEVELOPMENT COMMITTEE Al- �! 2ddS COMMITTEEE REPORT Date November 7, 2005 2005 Comprehensive Plan Amendment File 2005-M-3 Evaluate potential boundaries for the West Hill Potential Annexation Area (Referred June 13, 2005) The Planning and Development Committee recommends referring the issue of amending the Comprehensive Plan to include the West Hill in Renton's Potential Annexation Area to the Committee of the Whole. 0 1 - j I Dan Clawson, Chair Denis W. Law, Vice -Chair Marcie Palmer, Member cc: Alex Pietsch Rebecca Lind Fly CM7 {y ,.:.,i1_ PLANNING AND DEVELOPMENT COMMITTEE Date COMMITTEEE REPORT November 7, 2005 Code Changes for Residential Development in the Commercial Arterial Zone (Referred July 11, 2005) The Planning and Development Committee recommends concurrence in the staff recommendation: • Amend the purpose of the CA zone under.4-2-020 to acknowledge that limited residential use is appropriate when it is well integrated with surroundingcommercial development. • Amend the use tables at 4-2-060 and 4-2-070 to allow attached and semi -attached housing in the CA zone as an administrative conditional use subject to condition number 18. • Amend note 18 of the Conditions Associated with Zoning Use Tables under 4-2-080 to prohibit Garden Style Apartments and set the conditions that must be met to. be eligible for residential development in the CA zone. • Amend 4-2-080 to eliminate mapsdupli6atedin4-3-040. • Amend the development standards for the CA'zone at 4-3-120 to allow a 1200 ft minimum lot size for attached residential plats and change all corridor references to `Business District". • Amend section 4-3-040 to create a Sunset, NE 4"', and Puget Business District overlay, including development standards for commercial and residential uses. • Amend maps in section 4-3-040 to show the corrected Business Districts. • Insert Special Designation Criteria for residential uses in the NE 0, Sunset, and Puget Business Districts in 4-9-030. f� Dan Clawson, Chair Denis Law, Vice -Chair Marcie Palmer, Member cc: Alex Pietsch Rebecca Lind //- 7 ' os' CITY OF RENTON, WASHINGTON RESOLUTION NO. J 779 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ELMHURST; FILE NO. LUA-05-090FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 9.6 acres, is located in the vicinity of Bremerton Avenue NE, north of NE 2' d Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated October 18, 2005. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1141:10/ 19/05 : ma Exhibit A Legal Description: PARCEL A: THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF THE NORTHWEST Y4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE: TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACT 5, MARTINS ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THE SOUTH YOF THE NORTHWES� 4THE OF SECTIONS15, OTOWNSHIPTHE0WEST 23HNORTH. RANGE 5 EAST, W.M.; EXCEPT THE EASTERLY 7.5 FEET FOR BREMERTON AVENUE NE; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158. A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF AND OTHER PROPERTY); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH j2 OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF THE NORTHWEST 3'i OF SECTION 15. TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 37.5 FEET THEREOF FOR BREMERTON AVENUE NE: AND EXCEPT THE SOUTH 110 FEET OF THE EAST 215 FEET OF THE REMAINDER; TOGETHER WITH THE PART OF THAT PORTION OF BREMERTON AVENUE NE VACATED BY THE CITY OF RENTON UNDER VACATION ORDINANCE NO. 5158, A COPY OF WHICH IS RECORDED UNDER RECORDING NO. 20051007002099; (ALSO KNOWN AS A PORTION OF TRACTS 5 AND 6, MARTINS ACRE TRACTS. ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Exhibit A ELMHURST Vicinity Map w NE 6TH ST z w z > Q NE 5TH ST H J � J p Q > O _ NE 4TH S 0 w z w w > cn Cn a w w z SITE o Q Q > cc _ _ Q w 2: r- m z w m v O a: �— r H Z m SE 136TH ST NOT TO SCALE a Centre 33701 9th Avenue South Federal Way, WA. 98003 (253) 661-1901 Pointe �s s �5 0 Surveying CITY OF RENTON, WASHINGTON RESOLUTION NO. 3,�'�0 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXTENSION OF THE INTERLOCAL AGREEMENTS AMONG PARTICIPATING JURISDICTIONS WITH THE GREEN/DUWAMLSH AND CENTRAL PUGET SOUND WATERSHED RESOURCE INVENTORY AREA (WRIA 9) AND THE LAKE WASH NGTON/CEDAR/SAMMAMISH WATERSHED RESOURCE INVENTORY AREA (WRIA 8). WHEREAS, RCW 39.34 authorizes cities and counties to enter into interlocal agreements, as necessary, to work together on issues requiring joint action of the parties; and WHEREAS, on June 11, 2001, the City of Renton entered into an Interlocal Agreement (ILA) for participation in WRIA 8 and WRIA 9 for the purposes described therein; and WHEREAS, an amendment to the WRIA 9 ILA was authorized on August 20, 2001; and WHEREAS, the City of Renton wishes to extend the ILA for WRIA 8 and WRIA 9 through the project year 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION K The Mayor and City Clerk are hereby authorized to execute an extension of the ILA between the City and the other participating jurisdictions within WRIA 8 (Lake Washington/Cedar/Sammamish basins) and WRIA 9 (Green/Duwamish and Central Puget Sound basins) for an additional term of one (1) year, ending December 31, 2006. 1 RESOLUTION NO. SECTION III. The Mayor is hereby further authorized to sign the extension to Interlocal Agreements and implement necessary administrative actions consistent with this resolution. PASSED BY THE CITY COUNCIL this day of , 2005. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES. I 140:10/19/05 : ma 2 Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005.