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HomeMy WebLinkAboutCouncil 11/21/2005AGENDA RENTON CITY COUNCIL REGULAR MEETING November 21, 2005 Monday, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Summer Recreation Program Report 4. PUBLIC MEETING WITH THE INITIATOR: Perkins Annexation - 10% Notice of Intent to annex petition for 15.1 acres located south of SE 95th Pl. and east of 128th Ave. SE 5. PUBLIC HEARINGS: a. Amendments to Residential-1 and Resource Conservation zones to implement adopted policies in the Comprehensive Plan for the Low Density Residential designation b. Vacation petition for portion of Rosario Ave. SE, north of SE 2nd Pl. (Petitioner: James Jacques) c. Street improvement deferral options 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Mayor Keolker-Wheeler appoints Joshua Shearer, 519 Seneca Ave. NW, Renton, 98055, to the Planning Commission for a three-year term expiring on 1/31/2008, and reappoints Rosemary Quesenberry, 3609 SE 18th Ct., Renton, 98058, to the Planning Commission for a three-year term expiring on 6/30/2007. Refer to Community Services Committee. b. Administrative, Judicial and Legal Services Department recommends approval of an agreement with the Renton Community Foundation to establish a special purpose Renton Sister Cities Fund within the foundation. Approval is also sought for Renton to grant this fund the unexpended balance of the Sister City program allocation in the 2005 Budget. Refer to Finance Committee. c. Economic Development, Neighborhoods and Strategic Planning Department recommends a public hearing be set on 12/5/2005 to consider the proposed Lindberg Annexation and R-8 zoning for 10.11 acres located east of 138th Ave. SE and north of SE 132nd St. Council concur. d. Economic Development, Neighborhoods and Strategic Planning Department recommends a public hearing be set on 12/5/2005 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area. Council concur. e. Finance and Information Services Department recommends approval of the 2005 year-end budget amendment ordinance. Refer to Finance Committee. f. Hearing Examiner recommends approval, with conditions, of the Wedgewood Lane Division 3 Preliminary Plat; 40-lot subdivision on 12.7 acres located at 5325 NE 10th St. (PP-05-086). Council concur. (CONTINUED ON REVERSE SIDE) g. Library Division recommends approval of a contract in the amount of $43,267 with Dynix, Inc. for the automated catalog and circulation tracking system software migration. Refer to Finance Committee. 9. CORRESPONDENCE 10. 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. Committee of the Whole: Comprehensive Plan Amendments Regarding West Hill; Establishing Property Tax Levy for 2006* b. Community Services Committee: I-405 to SR-169 Ramp Alignment Concurrence with WSDOT c. Finance Committee: Business License Fee Reporting Period* d. Planning & Development Committee: 2006 Comprehensive Plan Amendment Pre -Applications; 2005 Comprehensive Plan Amendments e. Utilities Committee: I-405 to SR-169 Ramp Alignment Concurrence with WSDOT; 2006 System Development Charges & Annexation Fee; Central Plateau Interceptor Phase II Contract with Roth Hill Engineering Partners; Robert West Request for Release of Easement 11. RESOLUTIONS AND ORDINANCES Ordinance for first reading: Establishing property tax levy for 2006 (see 10.a.) Ordinance for first reading and advancement to second and final reading: Revising requirements for business license reporting (see 10.c.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5:00 p.m. Comprehensive Plan Amendments Regarding West Hill; 2006 Budget Deliberations • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting November 21, 2005 Council Chambers Monday, 7:00 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Pro Tem Terri Briere called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE, Mayor Pro Tem; MARCIE PALMER; DON PERSSON; COUNCILMEMBERS RANDY CORMAN, Council President Pro Tem; TONI NELSON; DAN CLAWSON; DENIS LAW. CITY STAFF IN JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, ATTENDANCE City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; KAREN MCFARLAND, Engineering Specialist; JAN ILLIAN, Engineering Specialist; ALEX PIETSCH, Economic Development Administrator; ERIKA CONKLING, Associate Planner; DON ERICKSON, Senior Planner; MIKE WEBBY, Human Resources Administrator; MICHAEL BAILEY, Finance and Information Services Administrator; DENNIS CULP, Community Services Administrator; SYLVIA ALLEN, Recreation Director; LINDA HERZOG, Interim Assistant to the CAO; COMMANDER KENT CURRY, Police Department. SPECIAL PRESENTATION Recreation Director Sylvia Allen reviewed the programs and events the Community Services: Summer Recreation Division offered during the summer. She noted the growing number Recreation Program Report of participants, and described the many activities that took place for all ages, including sports programs, leisure classes, special populations programs, various camps, aquatics programs, trips, lunch programs, and cultural arts programs. Ms. Allen pointed out that the second year of operation of the award winning Henry Moses Aquatic Center drew 68,100 participants and earned a net income of $67,210. She concluded by expressing her appreciation for the opportunity to work for the City of Renton, and for the investments the City has made to its parks and recreation programs. Mayor Pro Tem Briere announced that this was Ms. Allen's final presentation as she is leaving the City's employment. Ms. Briere presented Ms. Allen with a certificate of appreciation in recognition of her contributions to the City. PUBLIC MEETING This being the date set and proper notices having been posted and published in Annexation: Perkins, SE 95th accordance with local and State laws, Mayor Pro Tem Briere opened the public Way & 128th Ave SE meeting to consider the 10% Notice of Intent petition for the proposed Perkins Annexation; 15.1 acres, including the Union Ave. NE right-of-way, generally located east of 128th Ave. SE (if extended), west of Union Ave. NE, north of SE 98th St. (if extended), and south of SE 95th Way. Don Erickson, Senior Planner, explained that three single-family dwellings exist on this site, which slopes to the north and drops nearly 65 feet with a slope of 13%. He noted that downstream drainage conveyance issues exist that will need to be rectified at the time of development. The estimated surface water mitigation cost per year is $4,040. Reviewing the public services, Mr. Erickson reported that Fire District #25, Renton sewer and water, and the Renton School District serve the site. Mr. Erickson stated that current King County zoning for the site is R-4 (four dwelling units per gross acre), and the Renton Comprehensive Plan designation November 21, 2005 Renton City Council Minutes Page 405 is Residential Low Density, for which R-4 (four dwelling units per net acre) zoning is proposed. He noted that since the site is within 600 feet of an existing R-8 zone, clustered development is allowed. Mr. Erickson reviewed the fiscal impact analysis, which revealed an estimated $11,403 surplus at full development, assuming 43 new single-family homes with an average assessed value of $450,000. The estimated one-time parks acquisition and development cost is $15,213. In conclusion, Mr. Erickson stated that the annexation proposal is generally consistent with relevant City policies and Boundary Review Board criteria. Public comment was invited. Marion Vandermay, 9639 132nd Ave. SE, Renton, 98059, reported that she is the major landowner in the subject area and a resident of more than 50 years. She indicated that annexation to Renton is appropriate for this area. Glenn Perkins, 9623 132nd Ave. SE, Renton, 98059, stated that he is the initiator of the annexation. He spoke in favor of the annexation, saying that it is much easier to develop and sell property in Renton. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ACCEPT THE PERKINS 10% ANNEXATION PETITION, AND AUTHORIZE CIRCULATION OF THE 60% DIRECT PETITION TO ANNEX REQUIRING THAT PROPERTY OWNERS ACCEPT ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN AND ASSUME A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS. CARRIED. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Comprehensive Plan: 2005 accordance with local and State laws, Mayor Pro Tem Briere opened the public Amendments, R-1 & RC hearing to consider amendments to the R-1 (Residential - one dwelling unit per Zones acre) and RC (Resource Conservation) zones, which are associated with Comprehensive Plan Amendment 2005-M-1, Low Density Residential Map Revisions. Erika Conkling, Associate Planner, explained that Comprehensive Plan Policy LU-135 requires a review of low density implementation to ensure consistency with Residential Low Density (RLD) objectives and policies. This includes review of the zoning and Comprehensive Plan designations, development standards, and allowed uses. RLD-designated lands include lands zoned RC, R- 1, and R-4. Ms. Conkling pointed out that the development standards and land uses are appropriate for the R-4 zone, and no changes are recommended. Ms. Conkling stated that the R-1 zone provides suitable land for residential development where pervasive sensitive areas exist, without compromising the sensitive areas. The zone provides for suburban estate and single-family dwellings, provides urban separators between neighboring jurisdictions, and prohibits incompatible uses that may be detrimental to the residential or natural environment. She conveyed that changes are not recommended for the zone's development standards; however, changes in the land use are recommended that limit activities of an urban size, scale, or intensity. The changes include prohibiting Adult Day Care II, Day Care Centers, Convalescent Centers, and Medical Institutions uses. November 21, 2005 Renton City Council Minutes Page 406 Continuing, Ms. Conkling reported that the RC zone provides some use of lands characterized by extensive critical areas, allows for agricultural uses, promotes uses compatible with the functions and values of sensitive areas and reduces the intensity of uses in accordance with the extent of the sensitive area. She explained that changes are not recommended for the development standards. Land use changes are recommended that limit or prohibit larger, more intensive uses for maximum sensitive area protection. Additionally, medium intensity uses will be allowed with additional review, and lower intensity uses will be allowed. Ms. Conkling indicated that the same four changes are recommended for the RC zone as in the R-1 zone, plus an additional six restrictions on other uses are proposed. Ms. Conkling stated that few private property owners will be adversely affected by the tightening of the use regulations. She noted that the RC zone is more that 75% in public ownership, and one-third of the lands in private ownership are open spaces held in common by subdivision homeowners. The R-1 and R-C zone changes only limit uses of an urban scale and intensity. By making these changes, Ms. Conkling said the City will be more consistent with its Comprehensive Plan, and the changes will promote and protect valuable resources for citizens and businesses. Ms. Conkling concluded that limiting uses of an urban size, scale, and intensity in the R-1 and RC zones will better protect sensitive areas and better serve the purposes of these zones. Public comment was invited. Richard Underwood, 2314 NE 28th St., Renton, 98056, stated that the recommended changes are adequate and fair. Correspondence was read from Bill H. Williamson, Attorney for Alicia Mena (Member of MT Development, LLC), PO Box 99821, Seattle, 98139, withdrawing Ms. Mena's application for a Comprehensive Plan Amendment submitted by her predecessor in interest, Sabina Molina, and recommending Council take no action to amend the Comprehensive Plan since it affects the Mena parcels. City Attorney Larry Warren stated that Ms. Mena's issue relates to the annexation of this property and the rezoning that would occur if the property was annexed. He pointed out that the issue has nothing to do with the Comprehensive Plan Amendment. Mr. Warren explained that the property is included within a larger area being considered for an amendment, and Comprehensive Plan Amendments are part of the City's annual review of the Comprehensive Plan. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 413 for Planning and Development Committee Report.) Vacation: Rosario Ave SE, This being the date set and proper notices having been posted and published in Jacques, VAC-05-004 accordance with local and State laws, Mayor Pro Tem Briere opened the public hearing to consider the petition to vacate a portion of Rosario Ave. SE right-of- way, approximately five feet in width and 133 feet in length, located north of SE 2nd Pl. (Petitioner: James Jacques). November 21, 2005 Renton City Council Minutes Page 407 Karen McFarland, Engineering Specialist, explained that the petitioner is in the initial stages of designing a short plat, and if the vacation is approved, the right- of-way will allow development of an additional lot. She noted that the vacation area does not contain any City facilities. Ms. McFarland reported that the vacation request was circulated to various City departments and outside agencies for review and no objections were raised. However, the Community Services Department indicated that vacating the property may impact the King County Regional Trail System. Although King County has not formally responded, she said King County desires an easement so a future trail can be accommodated. Additionally, Comcast indicated that an easement is needed for its facilities. In conclusion, Ms. McFarland stated that staff recommends approval of the request to vacate, subject to the petitioner providing satisfactory proof that Comcast and King County have received the necessary easements. Councilman Persson expressed concern regarding the lack of response from King County, and indicated he does not want the process to be delayed as a result. Ms. McFarland stated that staff is recommending that the petitioner grant King County an easement for the area in order for the process to move forward. In response to Councilman Corman's inquiry, the applicant's representative Jim Hanson, 17446 Mallard Cove Lane, Mt. Vernon, 98274, confirmed that the vacation area is not paved. Public comment was invited. Previous speaker Jim Hanson relayed that the applicant concurs with the staff recommendation. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL APPROVE THE VACATION PETITION. CARRIED. Development Services: This being the date set and proper notices having been posted and published in Deferral of Street accordance with local and State laws, Mayor Pro Tem Briere opened the public Improvements hearing to consider replacing the existing option for deferral of street improvements by restrictive covenants for short plats, with a fee in lieu of constructing street improvements. Gregg Zimmerman, Planning/Building/Public Works Administrator, reported that City Code requires developments involving residential subdivisions to install street improvements, which can include curbs, gutters, sidewalks, street lights, and the extension of utilities. For short plats, the developer may request deferral of some of the required improvements under certain circumstances. Jan Illian, Engineering Specialist, indicated that two types of deferrals currently exist. The first allows a developer to temporarily defer street improvements by submitting a security devise that is released when the improvements are completed, and the second allows a developer of a short plat to defer street improvements with a restrictive covenant. She stated that staff proposes removing the existing option for deferral of street improvements by restrictive covenant for short plats, and replacing it with a deferral of the street November 21, 2005 Renton City Council Minutes Page 408 improvement subject to a voluntary fee in lieu to the City of the estimated costs for the deferred street improvements. Ms. Illian explained that the restrictive covenant commits the property owner to not protest participation in a future Local Improvement District (LID) or City capital improvement project to install the improvements. Even though the restrictive covenant is recorded against the title of the property, property owners may be surprised when they are required to pay for street improvements. She reported that since this deferral option was adopted in 1995, over 100 restrictive covenants have been recorded. To date, no LIDS or capital improvement projects have triggered the enforcement of the restrictive covenants. Continuing, Ms. Illian stated that the proposed option requires that a special street fund be set up to receive the payments, and the funds will be used to build sidewalks or other street frontage improvement projects throughout the City. She pointed out that this option assures fairness for developers regarding costs of City -required improvements, and provides the City with financial means to build the improvements at a later date without having to require the residents to make financial contributions to the project. Responding to Councilman Clawson's inquiry as to what kind of improvement this type of deferral applies to, Mr. Zimmerman explained that the deferral is used for infill development, is usually applied to short plats of four or fewer lots, and is common in isolated places where contiguous street improvements are lacking. A short plat's street frontage is often 100 to 120 feet, and if street improvements are installed by the developer, the result may be an improved strip of frontage length that is out of character with the rest of the neighborhood. He noted that the improvements may need to be torn out and replaced in the future if a larger project is built. In response to Councilman Law's inquiry, Mr. Zimmerman stated that larger area improvements can take place through LIDS, which do not occur very often, or through City capital improvement projects, which are more common. Even though owners of property with the restrictive covenants are required to financially participate in the project, they are still surprised when presented with the bill. He indicated that this has caused controversy in other cities. Mr. Zimmerman noted staffs preference for the proposed option, where the developer voluntarily contributes a dollar amount equal to the cost of the improvements, which will be placed in a special fund. Noting that the developer will pass on the cost to the new homeowner, Councilman Law commented that the homeowner will have already paid for a future sidewalk that other nearby residents will not have to pay for. Mr. Zimmerman agreed that is a concern; however, the fees will substantially add to the City's expanded sidewalk program, and potentially result in improvements reaching neighborhoods more quickly than by the current restrictive covenant method. In response to Councilman Persson's inquiry, Mr. Zimmerman confirmed that property owners will not have to participate in a future LID or capital improvement project if the improvements costs have already been paid. Mr. Persson noted that the costs for future improvements will be paid in today's dollar value. November 21, 2005 Renton City Council Minutes Page 409 Councilman Clawson agreed with the elimination of the restrictive covenant deferral, and pointed out that the proposed deferral option may benefit a neighborhood, if not the individual lots, by improving a sidewalk near a school. Public comment was invited. Jim Hanson, 17446 Mallard Cove Lane, Mt. Vernon, 98274, expressed concern that a property owner or developer will pay a fee for a sidewalk in front of the property, and the fee will be used for a sidewalk elsewhere in the City. He recommended that the City be reasonable in the charging of the fee for the small projects, as a small project by itself can cost more than if it were part of a larger project. Mr. Hanson also recommended that the criteria for qualifying for the proposed deferral option be made less restrictive than it is now for the restrictive covenant deferral. James Jacques, 1216 N. 38th St., Renton, 98056, questioned whether a developer has the option of either deferring or installing the improvements. Receiving an affirmative reply, Mr. Jacques indicated that he would most likely install the improvements himself, rather than pay the fee. He noted, however, that this option will continue to result in intermittent street improvements. Councilman Corman commented that as a practical matter, there may be fewer deferrals; therefore, the standards need to be such so that the sidewalks will ultimately link up correctly. Julie Dalpay, 13033 SE 95th Way, Renton, 98056, suggested that when a plat is developed, the surrounding neighbors be asked if they want to continue the street improvements beyond the plat, as the improvements enrich the neighborhood and property values. In response to Councilman Persson's inquiry, Mr. Jacques stated that he may be able to install the improvements less expensively than the City can. Mr. Persson suggested that the City price the improvements at the contractors' price. Mayor Pro Tem Briere commented that it will be nice to have the intermittent street improvements connected together in the future. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 411 for Transportation Committee report.) RECESS MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:30 p.m. The meeting was reconvened at 8:35 p.m.; roll was called; all Councilmembers present. 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: • The Clam Lights display at Gene Coulon Memorial Beach Park begins on December 2nd, and will run nightly through January I st. • The Mayor hosted the second meeting of the Transit Center Solutions Work Group on November 3rd. This collaborative effort focuses on Renton Transit Center security and is made up of representatives from the Renton November 21, 2005 Renton City Council Minutes Page 410 School District, King County, Metro Transit, owners and managers of nearby businesses, interested citizens, and City staff. AUDIENCE COMMENT Renee Korsmo Engbaum, 5424 NE 10th St., Renton, 98059, stated that 185 feet Citizen Comment: Engbaum - of her property along NE loth St. fronts the Wedgewood Lane Division 3 Wedgewood Lane Division 3 Preliminary Plat. She indicated that she had submitted a letter to Council last Preliminary Plat, NE loth St, week expressing concerns regarding the development, and stated her hope that PP-05-086 the City and the developer will address her concerns at the beginning of the project. Ms. Engbaum reported that both the City and developer have responded, and a joint on -site walk through of the site will be scheduled. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. Citizen Comment: Gilroy - Patrick Gilroy, LandTrust, Inc., 1560 140th Ave. NE, Suite 100, Bellevue, Wedgewood Lane Division 3 98005, stated that he is the applicant and the developer of the Wedgewood Lane Preliminary Plat, NE loth St, Division 3 Preliminary Plat, which is listed on this evening's consent agenda. PP-05-086 He reported that he has been in contact with Ms. Engbaum and City staff, and is working with staff to address her concerns and will schedule a meeting with Ms. Engbaum in the near future. Responding to Councilman Clawson's inquiry, Mr. Gilroy indicated that most of Ms. Engbaum's concerns regard public utility improvements and drainage. He noted that those concerns can be addressed through the permitting process. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Appointment: Planning Mayor Keolker-Wheeler appointed Joshua Shearer, 519 Seneca Ave. NW, Commission Renton, 98055, to the Planning Commission for a three-year term expiring 1/31/2008, and reappointed Rosemary Quesenberry, 3609 SE 18th Ct., Renton, 98058, to the Planning Commission for a three-year term expiring on 6/30/2007. Refer to Community Services Committee. AJLS: Sister Cities Fund, Administrative, Judicial and Legal Services Department recommended approval Renton Community of an agreement with the Renton Community Foundation to establish a special Foundation purpose Renton Sister Cities Fund within the foundation. Approval was also sought for Renton to grant this fund the unexpended balance of the Sister City program allocation in the 2005 Budget. Refer to Finance Committee. Annexation: Lindberg, 138th Economic Development, Neighborhoods and Strategic Planning Department Ave SE & SE 132nd St recommended a public hearing be set on 12/5/2005 to consider the proposed Lindberg Annexation and R-8 zoning for 10.11 acres located east of 138th Ave. SE and north of SE 132nd St. Council concur. Utility: Sewer Moratorium in Economic Development, Neighborhoods and Strategic Planning Department East Renton Plateau PAA recommended a public hearing be set on 12/5/2005 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area. Council concur. Budget: 2005 Year -End Finance and Information Services Department recommended approval of the Amendments 2005 year-end budget amendment ordinance. Refer to Finance Committee. Plat: Wedgewood Lane Hearing Examiner recommended approval, with conditions, of the Wedgewood Division 3, NE loth St, PP-05- Lane Division 3 Preliminary Plat; 40-lot subdivision on 12.7 acres located at 086 5325 NE loth St. Council concur. November 21, 2005 Renton City Council Minutes Page 411 Library: Catalog & Circulation Library Division recommended approval of a contract in the amount of $43,267 Tracking System Software with Dynix, Inc. for the automated catalog and circulation tracking system Migration, Dynix software migration. Refer to Finance Committee. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Committee Chair Palmer presented a report Transportation (Aviation) recommending concurrence in the staff recommendation to approve the Committee amended City Code Section 4-9-060C, City of Renton Deferral of Plat Development Services: Improvements. The amendments will eliminate the option of deferrals subject Deferral of Street to recording of restrictive covenants and establish a new option of voluntary Improvements payment of a fee in lieu for approved street improvement deferrals. This option will only apply to short plats, and only for short plats that meet the criteria for deferral of the construction of the required street improvements associated with the short plat approval. The Committee further recommended that the ordinance regarding this matter be prepared for first reading. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending Finance: Business License Fee concurrence in the staff recommendation to approve changes to the business Reporting Period license fee reporting period as follows: 1) annual invoicing of small businesses (less than 50 employees); 2) quarterly invoicing of large businesses (50 or more employees); and 3) establishment of a schedule when small businesses will receive and pay their annual business license fee. The Committee further recommended that the ordinance regarding this matter be presented for reading. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 414 for ordinance.) Committee of the Whole Council President Pro Tem Corman presented a Committee of the Whole report Comprehensive Plan: 2005 recommending concurrence in the staff recommendation to add the West Hill to Amendments, Inclusion of the City of Renton Potential Annexation Area (2005 Comprehensive Plan West Hill in PAA Amendment File 2005-M-3). The Committee further recommended concurrence in the staff recommendation to amend the City of Renton Comprehensive Plan Land Use Map to adopt land use designations and a Potential Annexation Area boundary as shown on the map "Proposed Land Use Designations for the West Hill PAA," dated 11/14/2005. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Council: Committee on Council President -Elect Corman announced that the Committee on Committees Committees will be comprised of himself and Councilmembers Nelson and Law. Utilities Committee Utilities Committee Chair Corman presented a report recommending WSDOT: I-405 to SR-169 Off- concurrence in the staff recommendation to grant the Washington State Ramp Alignment Department of Transportation's request for approval of a concurrence letter for the proposed alignment for the northbound I405 to SR-169 off -ramp and future widening of I-405. The Committee recommended that the Mayor and City Clerk be authorized to sign the concurrence letter. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. November 21, 2005 Renton City Council Minutes Page 412 Utility: Central Plateau Utilities Committee Chair Corman presented a report recommending Interceptor Phase II, Roth Hill concurrence in the staff recommendation to approve the engineering consultant Engineering Partners 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 the transfer of $400,000 from the Sunset Interceptor Phase II project account to the Central Plateau Interceptor Phase II project account within fund number 421, Sanitary Sewer Main Extensions. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contract. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Release of Easement: Robert Utilities Committee Chair Corman presented a report regarding the request for West, Lake WA Blvd N & partial release of easement by Robert West for property owners Steven Wells Ave N, RE-05-001 Altringer and Robin Shapland (for property located between Lake Washington Blvd. N. and Wells Ave. N. at N. 37th St.). The Committee recommended concurrence in the staff recommendation to approve the partial release of a certain City of Renton easement contained and described under King County recording number 6660972. The Committee also recommended concurrence with the recommendation that City Council collect the requisite processing fee from the applicant. No public funds were spent in acquiring or maintaining that portion of the easement to be partially released; therefore, this is a Class "B" easement and requires no further compensation other than the processing fee. City Code Section 9-1-4 defines this type of easement as follows: "Class B: All City of Renton easements for which no public funds have been expending in the acquisition, improvement or maintenance of same, or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition, improvement or maintenance thereof." The Committee further recommended that Council authorize the Mayor and City Clerk to execute the partial release of easement document and that the City Clerk record the document with King County. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: System Development Utilities Committee Chair Corman presented a report regarding the 2006 Charges, Annexation Fee System Development Charges and Annexation Fee. The Committee recommended concurrence in the staff recommendation to approve increases in the water, wastewater, and surface water utilities System Development Charges, and to establish an Annexation Fee. The Committee further recommended that the ordinance regarding this matter be prepared for first reading. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the staff recommendation to grant the WSDOT: I-405 to SR-169 Off- Washington State Department of Transportation's request for approval of a Ramp Alignment concurrence letter for the proposed alignment for the northbound I-405 to SR- 169 off -ramp and future widening of 1-405. The Committee recommended that the Mayor and City Clerk be authorized to sign the concurrence letter. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. November 21, 2005 Renton City Council Minutes Page 413 Planning & Development Planning and Development Conunittee Chair Clawson presented a report Committee recommending concurrence in the staff recommendation to approve the 2005 Comprehensive Plan: 2005 Comprehensive Plan Amendments as shown on the matrix entitled "2005 Amendments Comprehensive Plan Amendments," summarized as follows: • 2005-M-1 — City of Renton applicant; Refinement of Residential Low Density mapping within the Comprehensive Plan and Citywide zoning. • 2005-M-2 — City of Renton applicant; Add the Department of Natural Resources/Shorelands property to Renton's Potential Annexation Area (PAA) and to the Comprehensive Plan Land Use Map. • 2005-M-3 — City of Renton applicant; Add entire West Hill area to Renton's PAA and to the Comprehensive Plan Land Use Map. • 2005-M-4 — City of Renton applicant; Review of Renton's PAA map (pending). • 2005-M-5 — City of Renton applicant; Amendments to reflect changes made by King County during its Comprehensive Plan update. • 2005-M-6 — Jim Hanson for OJ Harper and City of Renton applicants; (denied). • 2005-M-7 — City of Renton applicant; Redesignate Southport to Urban Center -North. • 2005-M-8 — Sabina Molina applicant; analysis combined with 2005-M-1. • 2005-M-9 — City of Renton applicant; Redesignate WSDOT remnant adjacent to I-405 to Residential Low Density. • 2005-T-1 — City of Renton applicant; Update Comprehensive Plan introduction. • 2005-T-2 — City of Renton applicant; Update and remove potentially outdated private utility purveyor information. • 2005-T-3 — City of Renton applicant; Update names of agencies and programs in Comprehensive Plan glossary. • 2005-T4 — City of Renton applicant; Amend maps and language referring to Commercial Business Districts for clarity. • 2005-T-5 — City of Renton applicant; Incorporate changes to the Renton 2005-2006 Business Plan. The Committee recommended adoption of the ordinance approving the 2005 Comprehensive Plan update and the annual Citywide Zoning Map amendments. The Committee further recommended adoption of the related ordinance amending City Code Title IV Development Standards in the Resource Conservation and Residential 1 zones. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Comprehensive Plan: 2606 Planning and Development Committee Chair Clawson presented a report Amendments, Pre- regarding the pre -applications for the 2006 Comprehensive Plan review cycle. Applications The Committee recommended concurrence in the staff recommendation to deny pre -application request 2006-Pre-03 for a Comprehensive Plan map amendment from Residential Low Density to Residential Single Family for the Perkins November 21, 2005 Renton City Council Minutes Page 414 property located at 9623 132nd Ave. SE based on the finding that the application is not timely since the Council changed this designation to the current Residential Low Density during the 2004 Growth Management Act update to reflect current policies, and the proposed redesignation does not meet the findings in City Code Section 4-9-02OG for further review. The Committee further recommended concurrence in the staff recommendation to approve the following pre -application requests: • 2006-Pre-01 — Chee Property, 1315 N. 30th St.; Residential Single Family (R-8 zoning) to Commercial Neighborhood (CN zoning). • 2006-Pre-02 — Kinzer Property, Kennydale Blueberry Farm, 1733 NE 20th St.; Residential Low Density (RC zoning) to Residential Single Family (R- 8 zoning). • 2006-Pre-04 — Springbrook Associates; Residential Medium Density (R-10 zoning) to Commercial Corridor (CO zoning). These pre -application requests meet one or more of the findings in City Code Section 4-9-020G. To meet the submittal requirements for further review of these requests, these applicants are directed to file complete applications for Comprehensive Plan Amendments prior to the 12/15/2005 deadline. Upon receipt of these applications, the issues will be referred to the Planning Commission and the Planning and Development Committee for review and recommendation during the 2006 Comprehensive Plan review cycle. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following ordinance was presented for first reading and referred to the ORDINANCES Council meeting of 11/28/2005 for second and final reading: Budget: 2006 Property Tax An ordinance was read establishing the property tax levy for the year 2006 for Levy both general purposes and for voter approved bond issues. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/28/2005.* Councilman Persson encouraged Councilmembers to vote no on this item, as there has been little if any discussion regarding whether to increase the tax levy. Councilman Corman indicated that two more budget meetings are scheduled prior to the second reading of the ordinance, and Mayor Pro Tern Briere noted that the ordinance needs to be adopted by December 1st. *MOTION CARRIED. The following ordinance was presented for first reading and advanced for second and final reading: Finance: Business License Fee An ordinance was read amending Chapters 5-5-2 and 5-5-3 of Chapter 5 Reporting Period (Business Licenses) of Title V (Finance and Business Regulations) of City Code by revising the requirements for business licenses in the City, establishing a short term business license, providing for renewals, and establishing penalties. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. November 21, 2005 Renton City Council Minutes Page 415 Ordinance #5166 Following second and final reading of the above ordinance, it was MOVED BY Finance: Business License Fee LAW, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE Reporting Period AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilwoman Nelson reviewed the various announcements, events, and School District: Activities activities of the Renton School District, including: student scholarship recipients, Hazen High School's hosting of a Northwest minority pioneers exhibit, and Kennydale Elementary School's Family Fun Math Night. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY LAW, COUNCIL RECESS INTO AND ADJOURNMENT EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LABOR NEGOTIATIONS WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:13 p.m. Executive session was conducted. There was no action taken. The executive session and the Council adjourned at 9:26 p.m. meeting // Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 21, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR • Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL. MEETING November 21, 2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL BUDGET WORKSHOP TUES., 11/22 2006 Budget Deliberations 9:00 a.m. *Conferencing Center* WED., 11/30 2006 Budget Deliberations 1:00 P.M. *Conferencing Center* COMMITTEE OF THE WHOLE MON., 11/28 2006 Budget Deliberations (Briere) 6:00 p.m. COMMUNITY SERVICES MON., 11/28 Officially Recognized Neighborhood (Nelson) 4:00 p.m. Standards; Second Round of Neighborhood Grants; Joshua Shearer Appointment to Planning Commission FINANCE MON., 11/28 Vouchers; (Persson) 4:45 p.m. Issaquah School District Impact Fees; Edlund Property House Lease PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) 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. Renton Community Ccrnter • 6,888 participants attended summer classes • 22 new classes were offered Denton Community C�� f„r • 36 summer banquet room rentals with attendance over 8,000 • Annual revenue - $120,000 Renton Community Center • 497 events were booked at picnic shelters • Generated $38,665 in revenue 2 Denton Community C"der Drop -in participants (� • 7,304 worked �l out at health club •364 played badminton • 961 played basketball Annually, 38,644 use the facility SPecia iEvents • 750 kids enjoyed the loth annual Kid's Klassic Fishing Derby k Special Events • Picnic Pizzazz Kid's Entertainment Series • 6 different free sl including "educa parrots, performi and a musical sii Special Events • 6 Play Days in the Park programs included crafts, games, inflatables Co -sponsored by the Renton Police Department 4 ,Special Events •Ropeworks! More that rope juml Special Events • Grateful for Grandparents Day Sponsored by Plum Delicious Restaurant r Donations from . Melrose Place Restaurant Alt 5 Special Events • Breaking Point Dance Company 250 teens learned the latest dance moves 3 Ilk CIO afi ; k771��e, Over 9,000 participated in Irop-in playground ties at •Kennydale Park •Kiwanis Park -Philip Arnold Park -Tiffany Park •Teasdale Park Summer lunch and = ■� recreation program at the Renton Housing Authority was provided in 5languages 960 kids enjoyed the lunches, trips, and daily activities ,. Costs covered by RHA Additional summer lunch and recreation program at the Royal Hills 1300 kids enjoyed the on -site program Funded by Allied Management, Renton Human Services, and Renton Police Dept. "Best Effort Basketball Camp" sponsored by New Balance and Sports Camps Management • Presented by Tom Newell (former NBAMNBA assistant coach) • 85 children attended 0 licassos" 1 music camp ME 409 children participated in Kidz Kaleidoscope - Daily from 9:00 a.m. — 3:00 p.m. - Liberty Park and North Highlands Neighborhood Center AA Sum-R-Craze (full -day care) • 2 sites - 409 children • Renton Community Center • Highlands Neighborhood Center 11 routh Sports 150 children ages 5-6 enjoyed T-ball Coach -pitch program for 7-8 year olds drew 111 12 T-ball and Coach -pitch Jamboree — 26 teams played 13 games Attended by over 800 parents and Free hotdogs, spectators inflatables Program expense were underwrittei by a $7,200 donation from Land O Frost 13 Summer Girls Basketball League drew 8 local high school teams Kentwood took the championship 14 Annually, 2,760 children participate in youth sports programs • Up from 1,776 in 2000 TennisProgram The program received $750 in grants from the United States Tennis Association in 2005 15 The summer tennis program included: • Adult lessons • Junior team • Camps • End -of - season tennis carnival Registration increased from • 240 players in 2005 • 177 players in 2002 16 The end -of -season tennis carnival featured serving contests, games, races, ice cream and lots of prizes .Idult wA ileum 17 Adult sports leagues included: - Racquetball -Softball -Volleyball - Basketball Fastest growing is Volleyball which has added 69 teams per year since 2000 Summer co-ed Softball had a 200% increase in participation and 500% increase in income since 2000 18 60 business and churches sponsored adult sports teams in 2005 Adult sports website had over 7,300 visits during the summer sports season Annual Participation Total: 2005 - 306 teams with 4,590 participants 2000 -134 teams with 2,010 participants * 59 teams still on waiting list 19 Sailing and kayaking camp offered by Renton Sailing Club and Cascade Canoe and Kayak 68 students participate, 20 Coulon beach lifeguards and boat launch staff successfully handled a busy season • Entire season was incident free 21 Northwest Lifeguard Challenge • Renton guards placed 2na overall • Laura Spencer placed 1st in iron -woman competition Attendance: 68,100 Net income: $67,210 Surveys indicated that 98% of patrons intend to return next year 22 With 2nd canopy, 198 parties scheduled with Swimming :k '' revenues of lesson' $25,055 participation increased by 30%; income increased by $37,334 AN x x Water fitness program increased by 173% FA3 �f 7t" Annual Best of Aquatics Awards Ix� hw�wx y:u BeS� e� Winner "..r .x. of Class 12 50,000-100,000 annual attendance 24 -Over 4,500 people enjoyed the Ivar's/Kidd Valley Concerts at Coulon Beach Cauion Family Concerf Series ..M1.. n.A . AF.... ,+. N �I�In A�) Th.I.IW.n.I J' C W 42SAV.6;V0 for mfovmolwn. .•'... K I L1'�D Aw 25 Cultural J4rts # 201n Annual Summer Teen Musical • Attendance increased by 25% over 2004 Funded in part by a $5,700 grant from 4Culture (formally King County Arts Commission) Donation from Tully's Coffee Establishment of "Friends of the Summer Teen Musical" V Special populatiom 113 participants enjoyed 11 different Thursday night social programs -Green Thumb Gardner -Theme dances: • Jammin Tunes in June Superfly July Retro Dance Sound Unlimited donated $1,200 in professional services 27 • 29 participated in teen day trips • 57 participated in adult trips 28 Special Populations Cast for Kids drew over 200 special need participants and 100 volunteers. 29 volunteer gave 730 hours to Special Olympics program Teen Program" 30 38 members of the Renton Youth Council contributed 1,335 volunteer hours to City special events 31 Escapes Camp Out 3-day camp out to Lake Wenatchee wilderness area Senior .4CHVAW Center Program 32 Over 325 seniors attended the center each day this summer Friday theme dinner dances • A Little Bit of Venice • Hootin Hoe -Down • Celebrate America • Hot August Nights 115 participants per event 33 "Over 80" Celebration • Honored 75 seniors over 80 years old State-of-the-art 12-station computer lab Funded by $20,000 donation from Merrill Gardens 34 :In wold&iAwlk� C I R PERKINS ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS November 21, 2005 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Perkins Annexation area representing more than 10% of the area's $7,482,400 assessed value. 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. The King County Department of Assessments certified the signatures on the petition on October 4, 2005. The 15.47-acre site is located in the City's Potential Annexation Area and is designated Residential Low Density (RID) 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 likely the City will rezone it R-4, four units per net acre, consistent with the RLD land use designation if the Council authorizes circulation of a 60% Direct Petitition to annex, applicants are successful in getting sufficient signatures to have the petition certified, and Council decides to accept it. The annexation site abuts the City on its eastern boundary along a portion of Union Avenue NE and an area just east of 132nd Avenue SE. The site slopes to the north, dropping nearly 65 feet with a slope of ± 13%. The southern boundary of the site abuts Sierra Heights Elementary School. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. Meeting Handout 11-21-05_l.doc\ J J J / c ^^L — r f. v T n j n � _7 c - 1 - dry N G 16D = ry O rn f, r, T r, r, 75 = �. ' gip' • i,« c �. - � � rn N O J' C w LE 15 !�U G. �� �• Gi e 15 o v C M 13 V E a —y O^Q Ic _ O N Ef3 f!-1 69 LL.� v E c c .o Q C t/, � J C M 77 Y PUBLIC HEARING LAND USE CODE CHANGES FOR LOW DENSITY RESIDENTIAL LANDS November 21, 2005 The purpose of this code amendment is to better implement the Comprehensive Plan vision for lands zoned for Resource Conservation (RC) and Residential- 1 dwelling unit per acre (R-1). Both the RC and the R-1 zones are designated for Residential Low Density (RLD) land use in the Comprehensive Plan. According to Comprehensive Plan and the Renton Municipal Code, lands zoned RC or R-1 are not appropriate for urban levels of development. The purpose of the RC zone is to provide some use of lands with extensive critical areas, allow agriculture uses, promote uses compatible with sensitive areas, and restrict uses that are not compatible with sensitive areas. Similarly, the purpose of the R-1 zone is to provide residential development where critical areas exist, allow small scale farming, create urban separators, and limit uses that may be detrimental to the natural environment where sensitive areas exist. Keeping with the purpose of these zones, staff is recommending that urban oriented land uses be limited or restricted in the R-1 and RC zones. Specifically, staff is recommending that four changes be made to the allowed uses in the R-1 zone. Adult Day Care II, or larger daycares caring for more than five people, would be prohibited in the R-1 zone. Day Care Centers, which care for thirteen or more children in a non- residential structure, would be prohibited. Convalescent Centers and Medical Institutions would also be prohibited. Currently, all these uses are allowed with a Hearings Examiner approved Conditional Use Permit. The potential size of these facilities, and the need for urban amenities like parking lots, makes them incompatible with the purpose of the R-1 zone. Smaller facilities, such as home day care or smaller adult day care, would still be allowed as an accessory use. Staff is recommending the same four changes for the RC zone, plus additional restrictions on six other uses. Retirement residences, social and service organizations, and cemeteries would be prohibited. All are currently allowed in the zone with a Hearings Examiner approved Conditional Use Permit. Proposed restrictions for Group Homes include prohibiting large group homes. However, smaller Group Homes that provide protective custody for six or fewer residents would be allowed with administrative approval of a Conditional Use Permit. Both small and large Group Homes are currently permitted. Professional Bed and Breakfast establishments would be allowed in the RC zone with a Hearings Examiner approved conditional use permit. This would allow Bed and Breakfast establishments that were compatible with the use of the zone, but would limit those establishments that may be incompatible due to size, scale, or intensity. A summary of the proposed changes is printed on the back of this sheet. Table of Recommended Use Changes in the R-1 zone Use Current Code Proposed Code Adult Day Care II H Day Care Centers H25 Convalescent Centers H Medical Institutions H #25= A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060J, is considered a permitted use Table of Recommended Use Changes in the RC zone Use Current Code Proposed Code Group Homes II for 6 or less P AD Group Homes II for 7 or more P Retirement Residences H Cemetery H Service and social organizations H Bed and Breakfast, professional AD H Adult Day Care II H Day Care Centers H25 Convalescent Centers H Medical Institutions H #25= A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060J, is considered a permitted use ., a _ C V N N J a7 0 3 -o N O N N gCL co Ui C N N i_ C QE N co d' co (0 c N -G O Z T -1({((c @ m a, N a @ In N Z Tfl.m N j °E � Eo E� O 0W o c� V) CU F°5n .0uoo,0 D o cU= oQ N �m v =c. U C C C .... 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CL a.'m Jm CL ` e - c -- �-- E3 E O - - U \\\ \\ \\\ % - - \ / -3 � \ \ \ \ \ - U ` 2 - \ @ - >- �`- c - - � § .- o°- � lgyel7da -41-cm WILLIAMSON LAW OFFICE CITY OF RENTON November 15, 2005 RECEIVED CITY CLERK'S OFFICE enton City Council Bonnie Walton, City Clerk City of Renton 1055 South Grady Way Renton, WA 98055 Kathy Keolker-Wheeler, Mayor City of Renton 1055 South Grady Way Renton, WA 98055 Re: Regular City Council Meeting of November 21, 2005 Public Hearing Re: Attached Notice — Chapter 2 of Title IV Development Regulations — RMC Provisions for Resource Conservation zones to implement adopted policies in the Comprehensive Plan for Low Density Residential Designation to accompany Recommended Land Use Map Amendments considered as part of Application 2005-M-1, Low Density Residential Map Amendments NOTICE OF PREVIOUS WITHDRAWAL OF APPLICATION Molina Comprehensive Plan Amendment — (2005-M-1); LUA-05-005, R, ECF; Parcel No. 7931000151,152 & 153 — 3.2 acres in three parcels south of South 551h Street and East of Talbot Road CR2A Stipulation — MT Development v. City of Renton, 05-2-31151-7 KNT Dear Madam Mayor, Honorable Councilmembers & City Clerk: On behalf of my client, MT Development, LLC, I have attached a previous notice of withdrawal submitted to the City's Planning Commission by Alicia Mena, owner of King County Tax Parcel Nos. 7931000151, 152 & 153. This property comprising 3.2 acres in three parcels south of South 55th Street and East of Talbot Road is unincorporated King County and is the subject of litigation in MT Development v. Cif of Renton, 05-2-31151-7 KNT concerning the annexation proceedings and requested issuance of certificates of water and sewer availability. Bank of America Tower ♦ 701 Fifth Avenue, Suite 5500 ♦ P.O. Box 99821 ♦ Seattle, Washington 98139-0821 Office: 206.292.0411 ♦ Fax: 206.292.0313 ♦ eFax:208.567.1998 williamsonb@msn.com Page 2 Letter to Renton City Council Re: Molina Comp. Plan Amendment (2005-M-1) November 15, 2005 Ms. Mena renews her withdrawal of the application for comprehensive plan amendment submitted by her predecessor in interest, Sabina Molina. Having withdrawn the application, the City Council possesses no authority to proceed with the noticed action for amendment of the City's Comprehensive Plan. Ms. Mena additionally requests that the City Council take no action on this matter pending the outcome of proceedings in King County Superior Court. For purposes of the City's record, Ms. Mena is attaching a CR 2A Stipulation agreed to by the City and Plaintiff Mena. Please note that Paragraph 1 of the Stipulation provides that: "Pending a final decision and judgment of the trial court, or other agreed to resolution by the parties, the parties agree that the City of Renton, its elected City Council, Planning Commission, Departments, and all officers and employees to refrain from and shall not take any final legislative action to annex the Subject Parcels involved in this litigation owned by Plaintiff MT Development LLC King County Tax Parcel Nos 7931000151 7931000152 and 7931000154) and to rezone the Subject Parcels under City zoning districts R 4 or R 5." (Emphasis added). Ms. Mena fully expects the City of Renton to abide by her earlier withdrawal of the application submitted by here predecessor, and to honor the CR 2A Stipulation executed by the City in the pending proceedings and to attempt no legislative action to amend the City's Comprehensive Plan or institute zoning map amendments affecting the Mena parcels. On her behalf, notice is respectfully provided to the City Council and Mayor of the earlier withdrawal and CR 2A Stipulation. Sincerely, Bill H. Williamson Attorney for Alicia Mena, Member MT Development, LLC Enclosures: (1) Undated Notice of Public Hearing Re: Application 2005-M-1 (2) Withdrawal of Application Notice (2005-M-1) by Alicia Mena (3) CR 2A Stipulation - MT Development v City of Renton, 05-2-31151-7 KNT (4) November 1, 2005 City Attorney Letter M TDevelopment.0 tyCounci 1 Letter. 1 11505.doc cc: Alicia Mena Pat White Larry Warren, City Attorney City of Renton P.O. Box 626 Renton, WA 98057 Alex Pietsch, Director Rebecca Lind, Planning Manager Erika Conkling, Associate Planner Department of Economic Development, Neighborhoods & Strategic Planning City of Renton 1055 South Grady Way Renton, WA 98055 NOU-13-2005.09:04A FROM: TO:12062920313 P.1/1 CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 21 st day of Novcm.ber, 2005, at 7:00 p.m. as the date and time of a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Proposed amendments to Title TV, Chapter 2 of the Development Regulations of Renton Municipal Code for Residential-1 and Resource Conservation zones to implement adopted policies in the Comprehensive Plan for the Low Density Residential designation and accompany recommended Land Use Map amendments considered as part of application 2005-M-1, Low Density Residential Map Revisions All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6502. Bonnie I. Walton City Clerk Published King County Journal November 11, 2005 Account No. 50640 11/02/2005 12:41 FAX 2068382530 WESTERN HOMES READY 10002 CITY0FPXNT0N RECEIVED OCT 2.7 2005 BUILDINGDIVISION October 26, 2005 Alex Pietsch, Director Rebecca Lind, Planning Manager Erika Conkiing, Associate Planner Department of Economic Development, Neighborhoods & Strategic Planning City of Renton 1056 South Grady Way Renton, WA 98055 Renton Planning Commission Ray Giometti, Chair 1055 South Grady Way Renton, WA 98055 Re: WITHDRAWAL. OF APPLICATION Molina Comprehensive Plan Amendment — (2006-M-1): LUA-05-005, R, ECF Parcel No. 7931000151, 152 & 153 — 3.2 acres In three parcels south of South 5e Street and East of Talbot Road Dear Director Pletsch: 1 am the new owner of the property Identifled In a letter sent to my agent, Patrick White, dated October 14, 2005. 1 bought this property In April of 2005. This letter from the City indicates that an earlier Comprehensive Plan Amendment had been submitted to the City for Its environmental review in an application by the former owner, Sabina Molina. I have also received a notice of hearings before the City's Planning Commission about a change the City's Comprehenslve Plan from low density residential to single family residential and that hearings. Thia notice states that hearings are to be held before the Planning Commission on November 2, 2005. I understand that the earlier request trade for the comprehensive plan amendment to R-8 densities was based upon express promises that planning staff made tb the prior owner, Sabina Molina, whom I purchased the property from. These promises, that annexation zoning were to be at R-8 densities, were also made to Mr. White sometime In January of 2005 and in the early Spring of zoos. 11/02/2005 12:41 FAX 2068382530 WESTERN HOMES REALtY 0 003 When the City brought the proposed annexation to the King County Review Board In August of 2005, 1 again stated In a declaration exactly these circumstances. Again, Mr. White and i were told by City planning officials that the City would zone this property as R-B upon annexation to the City. Based upon reports made to the Boundary Review Board, I asked that the record be corrected to show the circumstances on what zoning we were promised In the annexation petition, I have been shown reports that the City presented to the County Boundary Review Board in August of 2005, showing that the property will receive R-4 zoning if it Is annexed to the City. This is in direct violation of the promises made to me and to Mr. White that the future zoning densities would be R-8. There simply'ls no reason for these hearings to be held. Because the City has not kept its word and breach Its agreement and Is actively seeking to zone this property as R-5. I am as the current owner, by this letter formally withdrawing the rezone, and environmenta application for the comprehensive plan amendment. l review request made with the City. I am requesting that the City not conduct any further hearings on these matters and remove these matters from any further consideration by the Planning Commission and City offices. .0 a I— U r bb U. O .- Z O `W Q W ag Z W �+ LL u W 2 O GI W Z (5 R .- a" • (n _. 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A� w r ;i6$2►O�t- i �3�b fi �i _8 a 20 � c OL C. o � 'aS1a cm e "1f tar gg E� ° i W a eis0 ea$a� cc�g�~c ¢� J a (U =a MM SP f °alS he 4 s V iz -C o n V' 3 v "a Col cy T�'o� 5 wilf °'� 9 [ s o ac d : w 11/02/2005 12:42 FAX 2068382530 WESTERN HOMES REALtY 0006 CITY OF RENTO.N "� Planning/Bttil�ding/PublicWorloc peparfite� 1GIhr KoolY.rwl�lw, tVt�ycr G"91-ZlmInerrnen l lt.,AA1n1nhd star October 14, 2005 PSVldt White 8016 358*. Se Snoqualmie, WA 990M Subject: Molina Comp Plan Amendment 6 Rezone L.UAO&005, R, gCF .Dear Mr. White: The Development Planning Section of thQ City Of Renton has determined that the sub)ect applicatlon is complete according to eubmlttal requirements and, therefore, is accepted lot review, it is tentajively scheduled for consideretion by the I-Environmenial Review -Committee on November 6, 2005. Prior to that review, you Will be nalfled If any additional information 4 required to QtMtinue prooesaing your applicalion. Meese contact me at (425) 430.6676 if ypu have any que4tiona $Incerely, " Ko" 6V-4/44 Erika Conkling A860000 Plpnner cc: Sabine Molinq / Owner 1055 South Otla Wiy. Rentoe. Wjthineton 99055 R E N T Q N ANaec or TNr. evava 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 f.CEIVEt: 2005 OCT -6 AM 8: 42 KIN(; C CWN T 'r ,'OR C00RT CLERK .)EATTLE, Wt, IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING MT DEVELOPMENT, LLC, a Washington State limited liability company; BANANE PROPERTIES, a Washington State limited liability company, Plaintiffs/Petitioners, KING COUNTY, a political subdivision of the State of Washington, Involuntary Plaintiff/Petitioner, V. CITY OF RENTON, a municipality of the State of I Washington, Defendant/Respondent, KING COUNTY REVIEW BOARD OF THE STATE OF WASHINGTON, an agency of the State of Washington, Defendant/Respondent. No. 05-2-31151-7 KNT CR 2A STIPULATION & AGREEMENT TO STRIKE EX PARTE WRIT ORDER ISSUED 10/04/05 (Clerk's Action Required) By way of CR 2A, and the Rules of Civil Procedure of the State of Washington, the undersigned parties agree to the following: 1. Pending a final decision and judgment of the trial court, or other agreed to resolution by the copy v IL 5MSON LaSuO is 500 Bank of America Tower CR 2A STIPULATION - 1 SEATTLE, WA 98104 f9nhl 999-nd7 i % r9nAi ray 1 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parties, the parties agree that the City of Renton, its elected City Council, Planning Commission, Departments, and all officers and employees to refrain from and shall not take any final legislative action to annex the Subject Parcels involved in this litigation owned by Plaintiff MT Development, LLC (King County Tax Parcel Nos. 7931000151, 7931000152, and 7931000154) and to rezone the Subject Parcels under City zoning districts R-4 or R-5. Each party is thereafter entitled to seek a Stay of any trial court ruling or action of the City as provided under Rule of Appellate Procedure 8. 2. The parties further agree to cooperate fully in the exchange of discovery materials related to the annexation and the affected City Code provisions. 3. Upon execution of this CR2A stipulation, the Ex Parte Writ Order issued on October 4, 2005 in this case shall be, and is hereby agreed to be stricken from the record of the court. Dated this — day of October 2005. Agreed to for purposes of CR 2A: Bill H. Williamson Attorney for Plaintiffs, WSBA #4304 5 - AW 6r7.1sr�Yi 1q/0 �S-los- wrence J. Warren, WSBA #5853 417�-r( Attorney for Defendant City of Renton M&T-MA.100505.wpd CR 2A STIPULATION - 2 WILLIAMSON Law Office 701 5w' Avenue - Suite 5500 Bank of America Tower SEATTLE, WA 98104 onAl >o,)-nA 11 % (OnAl )o,)-nzi a cev OCT-05-2005 16:37 Warren Barber & Fontes P.02/03 1 2 3 4 5 6 7 12 13 14, 151 16 17 48 19 20 21 22 23 24 25I 26! IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR TT7M COUNTY OF KING MT DEVELOPMENT, LLC, a Washington State limited liability company; BANANE PROPERTIES a Washington State limited liability company, Plaintifls/Pctitioners, KING COUNI'y, a political subdivision of the State of Washington, Involuntary Plaintimetitioner, v, CITY OF RENTON, a municipality of the State of Washington. Defendant/Respondent, KING COUNTY REVIEW BOARD OF THE STATE OF WASHWGTON, an agency of the State of Washington, Defendant/Respondent. 1 No. 05-2-31151-7 KNT CR 2A STEMS ATION & AGREEMENT TO STRIKE y,X p�tRTE WRIT ORDER ISSLED 10/04/05 (Clerk's Action Required) By Way of CR 2A, and the Rules of Civil Procedure of the State of Washington, the undersigned parties agree to the following: 1 • Pending a final decision and judgment of the trial court, or other agreed to resolution by the CR ZA STIPMAIION -1 WiLLKMSON Law Office 701 5" Avenue. SUte 5500 Bonk of Americo Tower SEATTtE, WA 98104 (206) 292-0411 1(206) 292.0313 FAX OCT-05-2005 16:38 Warren Barber & Fontes P.03iO3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I partle8, the Parties agree that the City of ReatoA, its elected C5ty Council, Planning � Commission Dc partmenis, and all oii'icco and employees to refrain fro m and shall not take 1 any final le gi lative action to annex the Subject Parcels involved in this litigation owned by PlaintiffNff cvclopment, LLC (King County'l ax Parcel Nos. 7931000151, 7931000152, and 7931000 54) and to rezone the Subject Parcels under City zoning districts R-4 or R-5. Each party is crafter entitled to seek a Stay of any trial court ruling or action of the City as provided u der Rule of Appellate Procedure 8. 2. The parties er agree to cooperage fully in the exchange of discovery materials related to the annexa 'on and the affected city Code provisions, 3. Upon cxccuti4 In of this CR2A stipulation, the Ex Parte Writ Order issued on October 4, 2005 in this case 11 be, and is bcreby agreed to be stricken from the record of the court. Dated this _ day of October 2005. Agreed to for Attorney tiawrence J. Attorney for M&T.CR1A.1 ooso5.wpd CR 2A ST"MATTON • 2 1 of CR 2A: oo WS13A �4304 A #5953 t City of Renton Wti-L1aA,rsON Law office 70) 5^ Avenue - Svile 5500 Bonk of Americo Tower SEATME, WA 98104 (2061292-041 . 1(206) 292-0313 FAx TnTA1 P _ A3 OCT-05-2005 16:37 Warren Barber & Fontes P.01/03 WL `s CIT,,* OF RENTON ENFIDENIlAI. [P.RIVILFCED Office of the City Attorney Kathy Keolkcr• Wheeler, Maygr Lawreoce,l. Warren SeniorAssistant City Attorneys Mark Barber Z%netti 1-. Fontt.4 Assistant CityAttorocys Ann S. Nielsen Garmun Newsom II FACSIMILE TRANSMITTAL Sasl►rt P. Alessi lThis fax con la1n31 onCdential, privilcRed information intended on)y for the luldrl ssoc. Do not toad, Copy or d'4`ernir'ate it unless you are the addressee, If you have received this fix in erns, please ca11(collect) immediatel st (425) 255-867$ anti mail the uri lnal fax to F.O. Box 626 Retttort, Washin on JSOa7 -062G. To: �lll ���IiQmsvr� FAX NO.: D.0(0 - OC) a " C) S1 FROM: Lacr 0&-r ret� DATE: 10 - `j- RE: MT DfdogrmQj1V . 1 am enclosing the following document(s): ON, a 04�-o� ( ) FOR YOUR INMRMN110N ( ) PER YOUR REQUEST ( ) PER OUR CONWRSRrION ( ) HARD COPY TO FOLLOW ( ) FOR REVIEW AND COMMENT ( ) PER OUR AGREEMENT (.) FOR NECESSARY A(`l-10N ( ) FOR YOUR FILES This transmission consists of a pages, including this cover pAge. If, for some reason, you do not receive all of the pages, or it is not legible, please contact at (4l5) 255-8678. Remarks_ Yost Office Box 626 - Rcnton, Washington 98057 - (425) 25S-8678 /FAX (425) 255-5474 R E N �TO�N A112AP OF THY. CURVP, CITY OF RENTON tR Office of the City Attorney K y. Keolker-Wheeler, Mayor Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Sasha P. Alessi November 1, 2005 Bill Williamson Williamson Law Office 701 Fifth Ave., Suite 5500 Bank of America Tower Seattle, WA 98104 Re: Removing the Comprehensive Plan Amendment Dear Bill: CC PY RECEIVED 429 REID 2�oS BILL H. WILUAMSON LAW OFFICE I have before me a copy of a letter signed by Alicia�Mena Member, MT Development, LLC. That letter withdraws the Molina Comprehensive Plan Amendment. The letter makes some statements that are untrue and should not be allowed to stand without response. Since Ms. Mena is represented by you, I will direct my comments to you. I am not sure that you are representing her with respect to the Comprehensive Plan Amendment, but I wish to err on the side of involving counsel rather than corresponding directly with a represented party. In the third paragraph of the letter, Ms. Mena indicates that she understands the earlier request made for the -Comprehensive Plan Amendment to R-8 density was based upon expressed promises that planning staff made to the prior owner, Sabina Molina...that annexation zoning were to be at R-8 densities. Supposedly these promises were made to Mr. White. No such promises were made, I am sure that you know that zoning is a function that is part of the inherent powers of the City Council. Staff cannot affect that power in any fashion. In fact, the power is so inherent to the City Council that the general public may not challenge zoning by use of initiative or referendum. I have spoken with staff that were present in some of the meetings and they tell me that it was made clear how the process works and that the staff has no control over the zoning. This sort of letter only heightens the conflict. It appears to be an attempt to try and build a record. The staff will recommend that the Molina Comprehensive Plan Amendment be withdrawn because of the request of the new owner. However, the property itself will remain within the Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 R E N T O N ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE Bill Williamson November 1, 2005 Page - 2 general area wide Comprehensive Plan review that has been scheduled, for some time, before the Planning Commission. Ve y yours, awrence J. W en City Attorney LJW:tmj T10.44:03 cc: Alex Pietsch Rebecca Lind Jennifer Henning Neil Watts Gregg A. Zimmerman, PE Jay Covington l� V CJ lJ � +t1 -a 'pX,N `,O' City of Renton PUBLIC INFORMATION HANDOUT November 21, 2005 STREET VACATION PETITION VAC-05-004 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425.430.7209 DESCRIPTION: The City Council will hear a proposal requesting the vacation of a portion of Rosario Ave SE right-of-way, approximately 5' in width and 133' in length. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received on August 25, 2005, from James Jacques. The portion of right-of-way included in this petition was dedicated in King County Short Plat 484106 in May of 1985. The City has no facilities in the area of this vacation. The Wastewater Utility does have an 8" in Rosario Ave SE but has indicated that its facilities will not be impacted if this vacation is approved. Comcast has indicated that it has facilities in the requested area and will need an easement. The petitioner is in the initial stages of designing a short plat and would like to determine if he can develop four lots or only three lots. If the vacation petition for this sliver of right-of-way is approved, the petitioner would have an acre and he would be able to develop an additional lot. None of the City Departments surveyed have objections to the vacation. The Community Services Department noted that the requested area may impact the King County Regional Trail System and has no objections to the proposed right-of-way vacation provided that the King County Parks Division can continue to accommodate its future Regional Trail Connection. As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated alley. The ordinance shall be recorded with King County once it is in effect. Vicinity Map Street Vacation VAC-05-004 Petitioner: James Jacques Ui Q Proposed 0 ---Vacation SE Area M (n 0 SE 2nd Place City Limit Vicinity Map aw TDI 0 4A 0 50 � 100 I OSSSSSSSO�w 1:600% 60, j Technical Services PlanninqBuilding/PubHo Works K. McFar and OcL 20. 2005 ........ ... Public Hearing on VACATION PETITION VAC.-,05~004 November 21, 2005 RENTON rirar; or• �ri3r; cirxvr: LOCATION r O n a �3 z F LOCATION 7 i 1 at FAil s� M LuURN 'a MP•- i. n v i • t� J 'r��+ -,sk' % � `--r✓�� xy:��t �`�p;L $ ��y'�""�'�',�.�" 7'�"tt � - '+'� ,`y.� � � �' �ki ,�� - i■ w f „tab BACKGROUND • Petition received August 2005 • Pursuant to State and City Code, more than 2/3 of the abutting owners must sign the petition • 100% of abusing owners have signed BACKGROUND • Right-of-way dedicated in King County Short Plat 484106 in May 1985 • No City --owned facilities in requested area • Comcast has indicated that the requested area is necessary for its facilities PUBLIC BENEFIT • The petitioner is in the initial stages of designing a short plat. • The petitioner would like to determine if he can develop four Lois. If this vacation petition is approved, the petitioner would have an acre and would be able to develop an additional fourth lot, *k,;k RESEARCH/SURVEY • Vacation request was circulated to various City departments and outside agencies for review • No objections were raised RESEARCH/SURVEY Internal Review Comments • Right -of -Way Width — Several departments noted that the resulting ROW width would be 55' if this request were approved. Since the standard residential ROW width is 50'7 it was further noted that the resulting ROW would comply with City standards. — Fire Department: No parking allowed on either side — PBPW/Transportation: Remaining ROW adequate RESEARCH/SURVEY Internal Review Comments • King County Regional Trail System — The Community Services Department has no objections to the proposed right-of-way vacation provided that the King County Parks Division can continue to accommodate its future Regional Trail Connection RESEARCH/SURVEY Outside Agency Review Comments • PSE and QWEST have no facilities in the requested vacation area and have indicated that no easement is needed. • Comcast has indicated that the requested vacation area is needed for its facilities and that an easement will be needed. • To date, Electric Lightwave has not responded to the Ciiy's request for comments. RESEARCH/SURVEY Outside Agency Review Comments The King County has not formally responded. Through phone conversations, staff learned that the King County Parks Division's primary concern was to ensure that an easement be retained so that a future trail could be accommodated. The Planning/Building/Public Works Department recommends that Council approve the request to vacate subject to the following conditions: ✓The petitioner shall provide satisfactory proof that Comcast has received and is satisfied with any easements, which are necessary to protect its facilities in the requested vacation area, and that King County has received and is satisfied with any easements, which are necessary to accommodate a future trail connection. NEXT STEPS If Council approves this vacation petition: • Petitioner orders and submits an appraisal • Staff reviews the appraisal and returns to Council so that compensation can be set The Planning/Building/Public Works Department recommends that Council approve the request to vacate subject to the following conditions: ✓The petitioner shall provide satisfactory proof that Comcast has received and is satisfied with any easements, which are necessary to protect its facilities in the requested vacation area, and that King County has received and is satisfied with any easements, which are necessary to accommodate a future trail connection. ISSUE: Shall the City of Renton remove the existing option for deferral of street improvements by restrictive covenant for short plats, and replace it with a deferral of the street improvements, subject to a voluntary fee -in -lieu to the City of the estimated costs for the deferred street improvements? RECOMMENDATION: Council approve the code amendments removing the option for deferral of street improvements for short plats with a restrictive covenant. Council approve code amendments creating a process for deferrals of street improvements for short plats subject to payment of a fee -in -lieu for the estimated cost of the street improvements. These funds could be used throughout the City for pedestrian and other street related improvements. BACKGROUND SUMMARY: Renton Municipal Code (RMC) requires street frontage improvements to be installed before a subdivision or short plat is recorded. Improvements include paving, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains, and street name signs. RMC 4-9-060.0 establishes rules for deferral of development improvements. A deferral with a restrictive covenant is covered by RMC 4-9-060.C.9, Special Security Option for Deferral of Street Improvements. This type of deferral only applies to short plats. A restrictive covenant running with the land is recorded in lieu of posting security. The restrictive covenant commits the property owner to not protest participation in a future Local Improvement District (LID) or City capital improvement project to install the improvements. It is proposed that RMC 4-9-060.C.9 allowing restrictive covenants be deleted from the City code. This provision would be replaced by a deferral option that would require a cash payment to be made by the developer in the amount of 100% of the cost of the improvements being deferred. A special street frontage improvement fund would be set up to receive these payments. These funds would be used by the City to build sidewalks or other street frontage improvement projects throughout the City. This would provide a means of assuring fairness for developers regarding costs of City -required improvements, and would provide the City with financial means to build the improvements at a later date without having to require the residents to make financial contributions to the project. CITY OF RENTON MEMORANDUM DATE: November 21, 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 • In observance of Thanksgiving, City offices will be closed Thursday, November 24th and Friday, November 25th. • Renton citizens are encouraged to attend a Budget Public Hearing and provide input, comments, or suggestions regarding the 2006 proposed budget. The second hearing is scheduled for November 28th at 7:00 p.m. during the regular Renton City Council meeting, located in the Renton City Council Chambers, 7th Floor of Renton City Hall (1055 S. Grady Way). The proposed 2006 budget is available on-line, and can be found in hard copy form at both the Renton Public Library and the Highlands Library, and at the City's Clerks Office. For more information call 425-430-6510. • The 12th annual Clam Lights festivities will be held Friday, December 2nd at Coulon Memorial Beach Park. Don't miss this fabulous event, with the Dickens Carolers, train rides, and a sing -a -long at the north shelter. Entertainment begins at 6:30 p.m., with the official lighting ceremony at 7:20 p.m. The parade of boats will cruise by at 7:30 p.m. The Clam Lights will shine nightly through January 1st. • The Rainier Yacht Club's lighted boat parade will make an appearance at Coulon Memorial Beach Park on Saturday, December 3rd at 7:30 p.m. • The Argosy Christmas Ship will arrive at Coulon Memorial Beach Park on Sunday, December 4th at 6:00 p.m. The ship will have a choir on board to entertain the crowd onshore. ADMINISTRATIVE/JUDICIAL/LEGAL SERVICES DEPARTMENT On November 3rd, the Mayor hosted the second meeting of the Transit Center Solutions Work Group. This collaborative effort focuses on transit center security and is made up of representatives from Renton School District, King County, Metro Transit, owners and managers of nearby businesses, interested citizens, staff of several City departments, and the City Attorney's office. The work group has already developed solutions for implementation in the near future —minor changes in the design of Transit Center facilities, posting signs, and broadcasting selected music to discourage loitering. A Community Program Coordinator from the Renton Police Department is conducting a study of the Transit Center to assess environmental factors that influence behavior in and around the Center. Longer -term modifications (currently in the planning and discussion stages) will involve the full range of agencies and individuals participating in the work group. Administrative Report Page 2 COMMUNITY SERVICES DEPARTMENT • Volunteers will serve a Thanksgiving meal to senior citizens at the Renton Senior Activity Center on Thursday, November 24th. The Center will be open from 10:00 a.m. to 2:00 p.m. for senior citizens to enjoy a day of social and recreational activities. A free holiday meal will be served at 11:45 a.m. Seniors must pick up a free ticket prior to Tuesday, November 23rd, for their meal reservation and transportation request. For additional information, call 425-430-6633. • The Winter/Spring Recreation Brochure, "What's Happening," will be available to the community on December 1st. The brochure lists all our winter cross country and snowshoe trips, preschool classes, and much more! PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • Early this morning (November 21st) a malfunction occurred at the railroad crossing located at North 3rd and Sunset Boulevard North. A pre-empt signal from the railroad caused the traffic signal to remain in the stop mode for east/west traffic. This malfunction unfortunately caused traffic backups. Crew from the City signal shops coordinated with Burlington Northern Santa Fe to correct the problem during the morning rush hour. • The contract for the Wells Avenue South/Williams Avenue South utility replacement project expired after November 18th, so the contractor is now off the job. Most of the utility work is done and temporary asphalt patching has been installed. Some additional patching work and lane striping is being scheduled by the City. The intention is to finish the utility and street restoration work after the holiday season so as to reduce impacts on local businesses during this time period. Both Wells Avenue South and Williams Avenue South will receive street overlays as part of the 2006 street overlay program. rde: PP-os-084 CITY OF R15NTON NOV 1 8 ?5 RECEIVED CITY CLalKs OFF)CE November 16, 2005 11an d I)eli vercd Madam Mayor and Council Members: RE: Wedgewood Lane III and the Development of N.E. 10'' Street My name is Renee Korsmo Engbaum. My husband, Mark, and I own a home at: 5424 N.E. 10'h Street in Renton (prior to annexation in July 2005, our address was 14522 S.E. 116d' Street). Our property fronts the north border (east side) of the Wedgewood Lane III property. My prior comments and correspondence regarding our annexation and the development of the Wedgewood Lane properties are under the name Renee Korsmo (I was married this summer). We are respectfully requesting that this letter and attachments be included and considered as public record regarding the Wedgewood Lane III development. Attached is a copy of my November 14, 2005, e-mail sent to Arneta Henninger, project manager for Wedgewood Lane III. The e-mail lists our concerns regarding the layout and development of N.E. I Oh Street, after we observed CORE Engineering placing survey stakes on what we consider our easement. These concerns were not brought up at the Public Hearing for Wedgewood Lane III, although I attended and spoke at all of the Wedgewood Lane hearings. Not having any prior experience with commercial construction for new development, my husband and I did not fully grasp the magnitude with which our property could be affected and did not think that the easement on our side would be affected. A picture is attached to give you a visual idea of our area of concern. There is currently not much room to maneuver in this area without impacting our property. When we purchased our property, we were told that the existing roadway (half — road only 12 ft. wide) was on our side of what was listed as an easement (according to sale papers) and that future development of the road would be done on the south side of the existing roadway. Our major concern and reason for the e-mail to Ms. Henninger is the layout of the new roadway (N.E. 10`b Street) and easements. Most of our other concerns stem from this layout, if it is indeed moving more to our side. Damage to our house water line seems probable, whether the street moves or not, with the heavy equipment and deep digging that will be done to put in the new sewer lines needed to get the sewer lift station up and running. There will also be a new water line going in under the roadway and possible replacement and movement of a fire hydrant on our property. Our water line runs parallel to the existing roadway, crossing over the culvert that passes under the road. It was completely replaced at our expense two years ago due to a break. The culvert, we were told, will be replaced as the roadway is replaced and brought up to City standards. We understand that no matter where the final roadway (and easement on our side for future development — sidewalks etc.), ends up, there will be impact to our property during the construction phase. We are more than willing to work with the City and the Contractor as long as all parties are informed and are mindful of our current concerns and those concerns that will arise as the project progresses. We want to insure that our property ends up in the same or better condition than it is in now (i.e. maintain integrity of our house water line, replace culvert under roadway and as it enters our property, as well as maintain some system of retention where the culvert enters our property — currently the land elevation drops on our side, proper street drainage etc.). So far, we have had prompt responses from the City and Patrick Gilroy to our inquiries and concerns. We are presently waiting for more definitive plans, along with definitive staking and marking of this sensitive area (Ms. Henninger is requesting this from the contractor's engineers and surveyors). We are not opposed to the Wedgewood Lane III Development and we are not trying to delay the project. We do, however, want our concerns on record and want to insure that these issues are addressed to everyone's satisfaction or agreement. Thank you very much for your time and review of these concerns. I look forward to seeing you at the November 21, 2005 council meeting. Sincerely, Renee Korsmo Engbaum Mark Engbaum Attachments cc: Arneta Henninger Patrick Gilroy Comcast Message Center Page 1 of 2 From: maren4@comcast.net To: ahenninger@ci.renton.wa.us Subject: Re: Wedgewood Lane III - Development of N.E. 10th St. Date: Mon, 14 Nov 2005 17:50:33 +0000 Hi Arneta - My husband and I have some concerns with the future development of N.E. 10th Street as it fronts our property (5424 N.E. 10th St.). We have 185 feet of frontage along N.E. 10th that borders the Wedgewood Lane III development. I attended and spoke at all of the Wedgewood I, II, and III Public Hearings. It was my belief from attending these meetings, that N.E. 10th Street, from our property west to Nile would be improved on the south side of the existing roadway to meet a minimum 20ft. width. Presently N.E. 10th St. narrows to 12ft. as it fronts our property and continues to the east. Our area was recently annexed to the City of Renton and previously this street was known as S.E. 116th St. On Friday, November 11, 2005, CORE Engineering was here and staked out an additional 6 ft. or so on our side of the existing roadway. This appears to be staked as roadway and possibly sidewalk? We have some legitimate concerns with the layout if this is Indeed proposed as roadway. I phoned you today so that we can have a meeting at our property to discuss exactly what the new stakes mean and so that we can show you our concerns regarding this area which unfortunately has sensitive issues on both sides of the existing roadway. If the newly placed stakes are proposed roadway, we have four major concerns: 1. It would effectively cut off our access to a usable portion of our land sandwiching it between the roadway and Honey Creek drainage which runs through our property. 2. It would compromise our water line which runs parrallel to the roadway very close to this area. 3. It would put strain on the existing land (fill from 24 plus years ago) and hand built retaining structure that presently surrounds the drainage culvert as it passes under the roadway onto our property. This area will not support a roadway in its present form, particularly with the amount of increased traffic from the development. 4: It would effectively prevent us from fencing our manicured garden and yard with fruit trees and berry bushes. We own an acre and a quarter of land that our home sits on and will need to fence it to protect our property and maintain our privacy as the large development goes In across the street from us. There will be a Public Trail sign on the north side of N.E. 10th Street (across from our garden) with a trail meandering around the large wetland on the Wedgewood property and we do not want the public thinking that the public trail continues across the street onto our private property, nor do we want the new neighborhood dogs running around on our land. We have already had trouble as a rural area with people walking down the road with their dogs, picking our fruit and have been planning to fence before the new housing goes in. Thank you for your time, Arneta, in looking into this and for agreeing to meet with us on site to discuss these issues. I left a message for Patrick Gilroy to call me so that he can be included in an on site discussion also. Renee Korsmo Engbaum http://mailcenter2. comcast.net/wmc/vlwml437A3 75A000817ED000041 AC2200763692CB020A9DOEO... 11/15/2005 a I 5 T �'� Vxf i �� a'D � "..'.-y - 4 "• tir '� s- � �.. 4 �,y� � -.i ss�'_- �'+M � � ' /! 1;., kb LA y " A�v f r { AM wv IT r- . r� CITY OF RENTON COUNCIL AGENDA BILL r ,A At #: v Submitting Data: Dept/Div/Board.. AJLS/Mayor's Office Staff Contact...... Kathy Keolker-Wheeler, Mayor Subject: Planning Commission Appointment Joshua Shearer Planning Commission Reappointment — Rosemary Quesenberry Exhibits: Community Service Application for Joshua Shearer For Agenda of: November 21, 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 Planning Commission: Joshua Shearer for a three-year term expiring on January 31, 2008, replacing Gern Jackson. Mr. Shearer's address is: 519 Seneca Avenue NW, Renton, WA 98055 Telephone: 425-766-7040 Mayor Keolker-Wheeler reappoints the following to the Planning Commission: Rosemary Quesenberry for a three-year term expiring on June 30, 2007. Ms. Quesenberry's address is: 3609 SE l 8th Court, Renton, WA 98058 Telephone: 425-271-4396 The other members of the Planning Commission are: Jimmy Cho, Robert Bonner, Raymond Giometti, Jerrilyn Hadley, and Nancy Osborn. STAFF RECOMMENDATION: Confirm the appointment of Joshua Shearer and the reappointment of Rosemary Quesenberry to the Planning Commission. 0 Rentonnet/agnbill/ bh CITY OF RENTON APPLICATION FOR COMMUNITY SER VICE If you are interested in participating in local government by membership on any of the following City boar' , commissions, or committees, please complete this application and return it to: 6rkVg6 z . ArldlYf D. 5W4roh R. p5and►ntx- Axf- w• �nhi 5 C• Office of the Mayor /�rwt. Z. Ei ,ef✓t f- jQ►?d� % City Renton T✓&A6,C� • Oar Ki• I055 SoutthhGrady Way JTvlr, l iP /' H.-F&.�, `T_ Arai t cea L, Renton, WA 98055 Check the boards/commissions/committees in which you are interested: AIRPORT ADVISORY COMMITTEE * ❑ LIBRARY BOARD UO BOARD OF ADJUSTMENT * ❑ MUNICIPAL ARTS COMMISSION Od BOARD OF ETHICS * PARK BOARD * CIVIL SERVICE COMMISSION * PLANNING COMMISSION HOUSING AUTHORITY * ❑ SENIOR CITIZENS ADVISORY COMMITTEE HUMAN RIGHTS & AFFAIRS COMMISSION * ❑ SISTER CITY COMMITTEE - CUAUTLA ❑ HUMAN SERVICES ADVISORY COMMITTEE * ❑ SISTER CITY COMMITTEE - NISHIWAKI *Special membership requirements apply. Visit www.cLrenton.wa.us or call 425-430-6500 for details. Your application will be Riven every consideration as vacancies occur. MR. [dMS. ❑ NAME, DATE % - V 03 ADDRESS 5! 9 SP�C�c Ave- /V kf , 41-40r% 1✓-1 ZIP CODE yjc�ass' PHONE: DAY 7�X' 656 " I} %0 / NIGHT �ia�' 764 -70YO EMAIL 1$ +'e� ��N / RENTON RESIDENT? !.-$ HOW LONG? �2 } ` C-0 rs CITY OF FORMER RESIDENCE ���` -We, EDUCATIONAL BACKGROUND 2.4 in eas±gcA S{ra`�iav, l �s �'taJar OCCUPATION �,a;l �eal �s#�!c 1�'if..�c/ EMPLOYER R. G OCCUPATIONAL BACKGROUND 1`tX✓t- War' i �►�,..-s '("� -�- �S f " s rwQ l/L�ve f c,,,,� a.. ►1'�. %-�'�,,,s�df�,.s COMMUNITY ACTIVITIES (organizations/clubs/serNice groups, etc.) , ) vnC_ t,4,, ( S,6 L.-- a"k . ef, REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE- �rev- w- -I/ �e �,o c,, ..Q se � ✓e %� cQrw,.,-.r►>�j CAN ATTEND DAY MEETINGS? `e S 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 425430-6500. 121001 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board., Staff Contact...... Subject: AJLS Mayor's Office Sonja Mejlaender, Community Relations Specialist Establishment of a Sister City program fund within the Renton Community Foundation; grant into this fund of the unexpended balance of the Sister City program allocation from the 2005 budget. Exhibits: ■ Issue Paper ■ Draft Agreement with Renton Community Foundation ■ City Attorney Opinion For Agenda of: November 21, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Legal Dept ..... X.... Refer to Finance Committee Finance Dept .... X.. Other ............... Fiscal Impact: Expenditure Required... $6,460 Transfer/Amendment....... Amount Budgeted....... $7,000 Revenue Generated......... Total Project Budget $7,000 City Share Total Project.. SUMMARY OF ACTION: M City of Renton and Renton Community Foundation, a (501)(c)(3) nonprofit organization, agree to establish the Renton Sister Cities Fund within the Foundation, for support of Sister City activities and programs. The City agrees to grant to that Fund the remaining balance of Sister City program monies from the 2005 budget. STAFF RECOMMENDATION: Approve agreement to establish special purpose Renton Sister Cities Fund within the Renton Community Foundation. Approve a grant from the City of Renton to this Fund in the amount of the unexpended balance of the Sister City program allocation in the City's 2005 budget. Rentonnet/agnbill/ bh tit O� �- ♦ a ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT M E M O R A N D U M DATE: November 21, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: ��Kathy Keolker-Wheeler, Mayor FROM: Linda Herzog, Interim Asst. to the Chief Administrative Officer STAFF CONTACT: Sonja Mejlaender, Community Relations Specialist SUBJECT: Establish Sister Cities Fund within Renton Community Foundation; grant into that Fund the unexpended balance of Sister City program allocation in 2005 City budget. ISSUE: Should the City of Renton partner with the non-profit Renton Community Foundation to establish and maintain a special purpose fund to support Sister City program activities? Should the City allocate all or part of its annual Sister City budget allocation into this fund, thereby encouraging and leveraging private contributions to broaden community support of the Sister City program? BACKGROUND: Renton maintains Sister City relationships with two cities — Nishiwaki, Japan and Cuautla, Jalisco, Mexico. Exchange visits occur annually, on a rotating schedule that bring foreign delegations to Renton two years out of each four-year cycle. The City budgets $7000 annually (General Fund) to cover costs related to the Sister City program here in Renton, exchanging artworks, supporting cultural enrichment events, and similar activities. (In alternate years delegations of Renton citizens visit Cuautla and Nishiwaki; the costs of these trips are borne entirely by delegation members and private donors.) Sister City events and activities are initiated, planned and managed by citizen volunteers who comprise two Sister City Committees established under City Council Resolutions 2949 and 3563. The Committees are advised and supported by Community Relations staff in the Mayor's Office. In addition to the modest amount of City funding budgeted each year, Committee members and other individuals and businesses donate money to help support the Sister City program and specific Sister City events. Since the Sister City Committees have neither a fiduciary capability nor a formal organizational structure that would enable them to account for and manage donated funds, private individuals and businesses must iAmayoes office\sister cities fund issue paper.doc Addressee Name Page 2 of 3 Date of Memo now make their contributions to the City of Renton specifying restriction to Sister City program purposes. Then, once private donations become City property, these monies must be spent only for purchases permitted under very stringent State audit rules. There is no other option for donors, except if they may in -kind contributions of services, products or labor. Committee members and staff believe that donations may be inhibited by this circuitous and restrictive process. City government accounting procedures, and complex State regulations governing expenditure of public funds, add burden to this cultural -exchange program far beyond its modest size and simple intent. There are two questions before the Council: • Will the City adopt an agreement with the Renton Community Foundation to establish a new Sister Cities Fund so that individual and business donors may make tax-deductible contributions to support the activities of the Renton Sister City program? • Will the City grant into this Fund the unexpended balance of Sister City program monies from the 2005 budget allocation? Although not included in this action, staff will propose that the annual allocation of Sister City program funding be regularly granted to the Foundation for deposit into this special purpose Fund, once the Fund is established and has gained a performance record. Establishing a special fund within the Foundation: The Sister City Committees have identified the Renton Community Foundation as a potential collaborator and partner. Currently, the Foundation manages nearly 30 special purpose funds on behalf of organizations with the same kind of informal structure and charitable donation issues as the Sister City Committees. The Foundation maintains IRS (501)(c)(3) non-profit status, and has on its books formal policies, procedures and formats to accept, recognize, account for and disperse monies donated into these special funds. Further, the Foundation regularly works with advisory groups similar to the Sister City Committees, requiring them to develop and submit annual expenditure plans, and then request dispersal of funds consistent with those plans. The attached draft agreement (Exhibit # 1) describes the processes and formats used by the Foundation. The City Attorney has briefly reviewed the draft agreement proposed for Council acceptance. He advises that the intent and purpose of the agreement are appropriate, and that the form and content meet the City's requirements. He will consult with the Finance Committee directly and answer Council members' questions when this item is referred to the Committee's Nov. 28 meeting. Granting 2005 budgeted Sister City program funds into the Foundation's new Sister City Fund: Once the Sister Cities Fund is established within the Renton Community Foundation, the City has an opportunity to jump-start private donations, and thereby broaden and increase community support for the Sister City program. To date, just $540 has been expended of the $7,000 allocated to the Sister City program in the 2005 budget. Staff recommends that the remaining $6,460 be granted to the Foundation for deposit into the new Fund. The draft agreement between the City and the iAmayoes office\sister cities fund issue paper.doc Addressee Name Page 3 of 3 Date of Memo Foundation states that the Sister City Committees (established per Council Resolutions 2949 and 3563) will serve as the advisory bodies to recommend expenditures from the Renton Sister Cities Fund. The Foundation Board will assure that dispersals are consistent with the stated purposes of the Fund: cultural enrichment, commercial promotion and trade stimulation, tourist promotion and official delegation visits, educational interchange, and exchange of public art. The City Attorney has discussed this action with City staff and representatives of the Foundation. His advice (attached as Exhibit #2) is that, given the public purposes he describes, granting of City funds to the Foundation is legal. Timing: A dinner in celebration of the Cuautla Sister City relationship is scheduled for Sunday, Nov. 27. This event is expected to generate donations from individuals and businesses already knowledgeable about and active in the Sister City program. The Cuautla Sister City Committee can advise these donors of the action being considered by the Council right now, and may suggest that they adjust the timing of their donations to allow direct deposit into the new Fund. Future fund-raising appeals will benefit from the simplified and clarified process enabling donors to make their tax-deductible contributions directly to the Renton Community Foundation's Sister Cities Fund. The Executive Committee of the Renton Community Foundation meets on Tuesday November 22. At that meeting the Executive Committee intends to endorse the agreement attached to this memo as Exhibit # 1. City staff will inform Finance Committee at its Nov. 28 meeting, of the Foundation's action, and any questions or comments that arise at the Executive Committee's Nov. 22 meeting. RECOMMENDATION: Staff recommends that the Council approve the Agreement with the Renton Community Foundation to establish a special fund named the Sister Cities Fund, and further that the Council approve a grant into that fund of the unexpended balance of the Sister City program allocation in the 2005 budget. iArnayoes office\sister cities fund issue paper.doc EXHIBIT #1 RENTON COMMUNITY FOUNDATION / SISTER CITIES FUND AGREEMENT Draft / Nov. 17, 2005 THIS AGREEMENT is made effective as of the 1st day of December, 2005 at Renton, Washington, between The City of Renton (City) and the Renton Community Foundation, Inc. ("Foundation"), a corporation organized under the nonprofit corporation laws of the State of Washington, with its principal office located at 300 Rainier Avenue N., Renton, WA 98055. WHEREAS, the parties to this Agreement have a common interest in the welfare of the greater Renton area community; and WHEREAS, the Foundation has been established with the principal purpose to receive and administer funds as endowments for various charitable, educational, scientific, literary, artistic, religious, and civic purposes which will benefit various organizations within the greater Renton community; and WHEREAS, a desire has been expressed by the City to establish a fund in the Foundation for the purpose of supporting its Sister City relationships. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Establishment of Fund. A fund shall be established on the books of Foundation which shall be known as the Sister Cities Fund. The Foundation acknowledges receipt of the property described in Schedule "A" attached hereto and made a part hereof as the initial property of the Fund. Additional future deposits will be recorded and receipted through subsequent transmissions of the Schedule "A" format describing origination and amount of donations. The Fund is established as a non -endowed fund and it is therefore intended that the original principal of the fund may be distributed. 2. Property of the Fund. The fund shall include the property received herewith, such property as may from time to time be transferred to Foundation by donors and such property as may from time to time be transferred from any other source for inclusion in the Fund and accepted by Foundation, and undistributed income from the foregoing property. The Fund shall be the property of the Foundation held by it in its corporate capacity. The Foundation shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation and Bylaws of the Foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles and Bylaws. 3. Designation of Purposes. The Fund shall be used to benefit any and all activities and programs supporting the City of Renton Sister City relationships, as recommended by the City's Sister City Committees established under the City of Renton Resolution 2949 and Resolution 3563. Such activities include: cultural enrichment, commercial promotion and trade stimulation, tourist promotion and official delegation visits, educational interchange, and exchange of public art. These purposes shall be maintained and may be modified upon request of the Sister City Committees with agreement by the City and Foundation. 4. Distributions. A. Distributions of money from the Fund shall be made with consideration of written requests by the Committees. The Committees shall submit to the Foundation, no later than December 31 of each year, their anticipated timetable and amounts for distribution, if any, for the coming year. The actual amounts to be dispensed shall thereafter be distributed over the following 12 months according to this schedule and any subsequent written modifications submitted by the Committees. All distributions shall be made in accordance with the guidelines of the Foundation. B. Written requests for distributions shall be made at least 30 days prior to the expected distribution of such funds and shall be substantially in the form attached hereto as Schedue B- 1, signed by the Sister City designated representative of the relevant Sister City Committee. Attached hereto as Schedule B-2 is a statement from each Committee authorizing the proper person(s) to execute written notices to the Foundation for distributions. Included are specimen signatures of the authorized person(s). The Committee shall submit an updated copy of such attachment, certified to be correct, each time it changes such authorized person(s). C. As a non -endowed fund, the Foundation maintains the right to request the Committee's advice on complete distribution of the fund, should the principal balance fall below $10,000.00. 5. Advisors. Committees shall perform the role of fund advisor. A full membership list for each of the Sister City Committees is attached as Schedule B-3. Upon change of the Committee members, updated information will be provided to the Foundation. The Committees may at any time request the assets of the fund be distributed at the sole discretion of the Foundation Board of Directors for the purposes identified in #3 above by the original fund Committee. 6. Fee Schedule. All funds held by the Foundation pursuant to this agreement shall be charged the Foundation's normal management charge. At the present time, the charge is 1.8% of the Fund balance annually, with 1 % paid to the Foundation and .8% paid to the investment advisor. These rates are subject to change. Fees are charged monthly at the fee schedule in effect at that time, based on the value in the fund as of the last day of the month. Fees are deducted first from income and, if insufficient, the remainder shall be deducted from the principal of the fund. 7. Variance of Restrictions or Conditions. The Board of Directors of the Foundation shall have the power to modify any restriction or condition on the distribution of funds, if in their sole judgment such restriction or condition becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable needs served by the Foundation. The exercise of such power shall not be effective earlier than thirty (30) days after the Foundation notifies the Committee in writing of: (1) its intent to exercise such power, and (2) the manner in which the Foundation will exercise its power. If the Foundation ceases to be a qualified charitable organization or if the Foundation proposes to dissolve, the assets of the fund shall, after payment or making provision for payment of any liabilities properly chargeable to the fund, be distributed to such organization or organizations in the greater Renton community as satisfies the requirements of purposes similar to those intended in this agreement (as listed in #3). 8. Definitions and Construction. A. As used in this Agreement: (1) "Qualified charitable organization" means an organization described in Section 501(c)(3) and which is other than a private foundation under Section 509(a) of the Internal Revenue Code. (2) References to any provision of the Internal Revenue Code shall be deemed references to the U. S. Internal Revenue Code of 1986 as the same may be amended from time to time and the corresponding provision of any future U. S. Internal Revenue Code. B. It is intended that the fund shall be a component part of the Foundation and that nothing in this Agreement shall affect the status of the Foundation as an entity which is a qualified charitable organization. This Agreement shall be interpreted in a manner consistent with the foregoing intention and so as to conform to the requirements of the Internal Revenue Code and any regulations issued pursuant thereto applicable to the intended status of the Foundation. 9. Indemnification. Each party hereto shall indemnify and save harmless the other, its directors, officers and affiliates, against all claims made against the other arising solely out of the acts or failures to act of the party from whom indemnification is requested. The indemnifying party shall defend any claims against the indemnified party and shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against the indemnified party. 10. Dispute Resolution. In the event that a dispute occurs between RCF and the City of Renton, both parties agree to follow a Dispute Resolution process. The process for dispute resolution would be as follows: RCF will appoint one board member, the City will appoint one representative (who may be a member of one of the Sister City Committees), and both will then agree on a third member to act as a subcommittee of the RCF to gather pertinent information and listen to the oral arguments of each party. From that information, the subcommittee will declare an opinion and all parties agree to abide by that opinion. 11. Termination. This agreement may be terminated by either party upon 90 days prior written notice given to the other party. Upon termination, the balance of any funds in the Renton Sister Cities Fund shall be distributed by the Foundation to an organization qualified as a tax exempt entity under Sec. 501 (c) (3) of the Internal Revenue Code, as amended, which is organized for similar purposes as those stated in Section 3 of this agreement. If a Sister City Committee or an organization that is successor to the current Sister City Committee(s) has qualified as such an entity, the funds shall be distributed to that Committee. Special Provisions S1. In that the Sister Cities Fund is not a 501(c) 3 organization, all monies generated on behalf of this fund anticipating credit for tax deductibility must be provided to RCF within 7 business days after receipt by any Committee representative. RCF will be responsible for sending a written confirmation of the donation to the donor for IRS tax purposes. Committee representatives agree to provide hand-written receipts of gifts at events and activities supporting the fund, upon request by donor. Committee representatives agree to provide the name, address, amount of donation, type of donation (cash, check, etc), and activity at which it was received, for all donations. For large numbers of donations, it is preferred that the foregoing information be provided in MS Excel format. RCF will provide the written confirmation of and thanks for the donations based on information received. This receipt will be generated within 14 business days of RCF receiving the information. This provides the donor an acknowledgement from the 501(c) 3 entity and gives RCF a record of the contributions in an easy -to -process format and provides a cross check mechanism against donations received for deposit to RCF. Foundation will provide a copy of this acknowledgement to the appropriate Committee(s). For contributions received by RCF from outside parties, but directed to the Sister Cities Fund, RCF agrees to notify a representative of the Committee about these gifts, either through a copy of the official acknowledgement or other means. For contributions anticipated by the Sister Cities Committee to be made directly to the RCF by outside parties, the Committee agrees to notify the RCF of these pending gifts for ease of tracking when they arrive. S2. Foundation will provide quarterly information to Committee regarding the fund balance, and all revenues and expenses related to the fund. Upon request, Foundation will provide interim reports to Committee. S3. Committee shall include reference to Foundation's name and logo in connection with all promotional materials prepared by Committee. S4. Committee shall solicit all donations to be made payable to Foundation for the benefit of Committee. S5. Committee must use Foundation's name and return address on all non-profit and standard postal permit mailings. IN WITNESS WHEREOF, each party hereto has executed the Agreement by its duly authorized officers effective as of the day and year first above written. THE CITY OF RENTON THE RENTON COMMUNITY FOUNDATION, INC. a M Title: Title: DRAFT ONLY - Nov.17,-2005 SCHEDULE A [Example] The following property is given to the Renton Community Foundation for deposit into the Sister Cities Fund: Description Amount Cash donations collected at the Cuautla Sister City dinner on 11/27/05�$XXXX.Xx Grant of the unexpended balance of Sister City program funds, from$xxxx.xx the City of Renton's 2005 budget Schedule B-1 REQUEST FOR DISTRIBUTION To the Renton Community Foundation: Please make the following distribution(s) from The Renton Sister Cities Fund. Check Payee Amount Date The distributions should be made on the dates set forth above (a date(s) not less than 30 days from the date of this request.) By Authorized Representative Date EXHIBIT B-2 Persons authorized to request distribution of funds from the Sister Cities Fund On behalf of the Cuautla Sister City Committee: Name (printed or typed) Signature Name (printed or typed) Signature Name (printed or typed) Signature On behalf of the Nishiwaki Sister City Committee: Name (printed or typed) Signature Name (printed or typed) Signature Name (printed or typed) Signature Title or Position / Organization Title or Position / Organization Title or Position / Organization Title or Position / Organization Title or Position / Organization Title or Position / Organization Exhibit B-3 Membership Roster: Cuautla Sister City Committee Membership Roster: Nishiwaki Sister City Committee CITY OF RENTON IOffice of the City Attorney Kathy Keolker-Wheeler, Mayor Lawrence I Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Exhibit #2 Assistant City Attorneys Ann S. Nielsen MEMORANDUM Garmon Newsom II Sasha P. Alessi To: Kathy Keolker-Wheeler, Mayor fl From: Lawrence J. Warren, City Attorney , Y_ Date: October 26, 2005 Subject: City Grant or Agreement with Renton Community Foundation, Inc. for Sister City's Program I have been asked to opine whether or not it would be legal for the City of Renton to provide a grant, or enter into an agreement to pay funds to the Renton Community Foundation, Inc. for a Renton Sister City's Fund. My conclusion is it would be legal. In order for the City to pay the funds to the Foundation, it would need to determine that the funds furthered a public purpose. There are several public purposes that can be identified including: . 1. Trade Stimulation. For example, there are already several restaurants in the area owned or operated by Cuatla natives and there has been proposed a Cuatla arts and crafts market. I am sure there are similar possibilities with Nishiwaki. 2. Cultural Enrichment. Renton has a large Mexican American population and the Sister City Program will not only provide cultural enrichment but provide City leaders with a better understanding of the cultural background of many of its citizens. While Renton has a less robust population of people of Japanese origin, nonetheless there are a significant number of persons with Japanese ethnicity in Renton, and again the cultural benefits would be provided. 3. The Sister City Program will lead to an increase in the collection of public art from the Sister City locales which has and will continue to be displayed for public viewing. Such display of public art serves a public purpose. 4. In general, the Sister City Program promotes an exchange of Sister City delegates which increases the understanding between cultures, which in turn leads to a greater understanding and acceptance of those cultures and a lessening of friction between those cultures and ours. While not all activities of a Sister City Program might be appropriate for public funding, there is Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 .r. RE o Kathy Keolker-Wheeler, Mayor October 26, 2005 Page - 2 enough public purpose involved for the City to provide a grant, or enter into a funding agreement to provide a portion of the funds for the Sister City's Program. If you have any further questions, please feel free to contact me. Lawrence I Warren LJW-tmj T10.44:02 cc: Milce Bailey Linda Herzog oW' SW _ jJaeWer Julie Brewer CITY OF RENTON COUNCIL AGENDA BILL goAI #: t y Submitting Data: For Agenda of. November 21, 2005 Dept/Div/Board.. EDNSP/Strategic Planning Staff Contact...... Don Erickson (X-6581) Agenda Status Consent .............. X Subject: Public Hearing.. X Lindberg Annexation - Public Hearing to consider Correspondence.. future zoning for and effectuation of annexation. Ordinance ............. Resolution........... . Old Business........ Exhibits: New Business....... Issue Paper Study Sessions...... Information........ . Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. MMARY OF ACTION: On May 23, 2005, Council accepted the 60% Petition to Annex for the 10.11-acre Lindberg Annexation site east of 138' Avenue SE (Duvall Avenue NE) and north of SE 132' Street (NE 2' Street) in unincorporated King County. The Council also held the first of two required public hearings on possible future zoning for this annexation. On September 22, 2005, the Boundary Review notified the City that it had approved the annexation leading the way for the second public hearing on zoning, if the Council decides to proceed and effectuate this annexation. Xrr MM-VIVINIL'NVA11VN: Council set December 5, 2005, to consider whether it wishes to accept the Lindberg Annexation and, if so, adopt simultaneous R-8 zoning for it, consistent with the Comprehensive Plan. H:\EDNSP\PAA\Annexations\Lindberg\60% Agenda Bill.doc CITY OF RENTON O� ECONOMIC DEVELOPMENT, NEIGHBORHOODS �- AND STRATEGIC PLANNING + MEMORANDUM - 1 DATE: November 9, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Don Erickson (6581) SUBJECT: Proposed Lindberg Annexation ISSi JF.. • Should the Council proceed with and accept the Lindberg Annexation, and if it does, • Should the 10.11 acre annexation site be zoned R-8, eight units per net acre, consistent with the Comprehensive Plan Land Use Map designation? RECOMMENDATION: The Administration recommends that Council proceed with and accept the Lindberg Annexation, and hold the second of two required public hearings on future zoning. If Council accepts the annexation, the Administration is likely to recommend that it: • Support R-8 zoning consistent with the existing Comprehensive Plan Residential Single Family land use designation; and, Effectuate the annexation by adopting an annexation ordinance and an R-8 rezoning ordinance. BACKGROUND SUMMARY: The irregularly shaped Lindberg Annexation site has not previously been considered for annexation to Renton. It is located north of the recently annexed Carlo Annexation site and is a peninsula surrounded by the City on three of its four sides. Three parcels to the east, another annexation, the Mosier II Annexation, was also recently brought into the City. Lindberg Annexation - 60% Petition and zoning November 9, 2005 Page 2 of 3 1. Location: The proposed 10.11-acre irregular -shaped site is located between 138ch Avenue SE (Duvall Avenue NE) on the west, SE 132nd Street on the south, the City boundary on the north, and a line approximately 200 feet east of the centerline of 140`h Avenue SE on the east. The easternmost parcel is immediately across the street from the Puget Colony Homes subdivision. 2. Assessed value: The assessed value at current development is $2,364,000. 3. Natural features: The site is relatively flat west of 1401h Avenue SE with a high point of 124 feet and a low point of 119 feet on the easternmost parcel (Figure 4, Topography). The northern most parcel, east of 1401h Avenue SE, contains a King County flood control pond and is traversed by a seasonal stream that flows south through Puget Colony Homes and eventually hooks up with Maplewood Creek. The City's Sensitive Areas Maps indicate wetlands on the northern two or three parcels of this annexation. 4. Existing land uses: Existing development includes nine single-family dwellings on nine of the eleven parcels in the proposed annexation. Two of the parcels remain vacant. (Figure 3, Existing Structures) 5. Existin zgoning_ King County zoning is R-4, which allows up to a base density of four units per gross acre and up to six units per gross acre with incentives and transfer of density credits. This density is comparable to Renton's R-8 zone density. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject parcel Residential Single Family (RS). Potential zoning under the RS designation includes R- 8, eight units per net acre, and RMH, Residential Manufactured Homes. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility: The subject area is within both Renton's water service area and King County Water District #90. Sewers: The area is within Renton's wastewater service area but is not currently served by sewer. Sewers would most likely be extended by a developer extension. Surface Water: The Surface Water Utility reports that this annexation is located in the Maplewood Creek Sub -Basin of the Cedar River Basin. They note that there are existing drainage problems within this sub -basin consisting of flooding, erosion due to increased stream flows, water quality, and degraded fish habitat. They are therefore suggesting that the 1998 King County Surface Water Design Manual, level 2-flow control, and basic water quality standards, be applied to future development if annexation does occur. Parks: The City currently lacks developed parks in this area. A one-time parks development fee for this project, above what the City receives for parks mitigation from new housing units, is estimated to be $35,383. H:\EDNSP\PAA\Annexations\Lindberg\60 %lssue. doc Lindberg Annexation - 60% Petition and zoning November 9, 2005 Page 3 of 3 Fire: The area is currently served by Fire District #25, which the City currently serves under contract. Upon annexation, this service would transfer to the City. Public Works Maintenance: Maintenance staff noted that the only organized drainage within the proposed annexation is along 1401h Avenue SE. The City would have to maintain this as well as the existing King County flood control pond. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: The annexation policies generally support the proposed annexation. The subject site is within Renton's Potential Annexation Area and subject to development pressure (Policies LU-37 and LU-38). The area is available for urbanization under the King County Comprehensive Plan zoning and subdivision regulations. Renton is the logical provider of urban infrastructure and services to the area. Policy LU-37 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation is adjacent to the city limits along approximately 80% of its perimeter. Proposed boundaries also are generally identifiable in the field (Policy LU-43). CONCLUSION: The proposed Lindberg Annexation is generally consistent with City policies and the Boundary Review Board for King County has approved it. No impediments to the provision of City services to the area have been identified and the fiscal analysis prepared by staff indicates a surplus of $8,139 at full development. Attachments H:\EDNSP\PAA\Annexations\Lindberg\60%Issue.doc (� 2 i u Spam '• Q I Fri g 136th E - \ ' m 08t A l e SSE; 1 I i i n 140th I A e E r— CD _. I CO C -T co3 I d y Al I O o A r o u Ave. N!E 2nd �14 rd e SE I a A I W Ii J CN �- �1 4th ve SJe i h A�i--� , -, 1 qr Ave NE I L-L- o Lyons v N FIE GD Q �C Lindberg Annexation 0 200 400 Figure 4: Structure map R Economic Development, Neighborhoods & Strategic Planning U Structure 1 : 2400 Alex Pietsch, Administrator Annexation Boundary G. Del Rosario .P 17 November2W4 Renton City Limits ---- - —�L-- -- -- W MIN Lindberg Annexation 0 200 400 Figure 5: Sensitive Areas map Economic Development, Neighborhoods & Strategic Planning Wetland Boundary 1 : 2400 •��• Alex Pietseh, Administrator Renton City Limits G. Del Rosario 17 November 2004Annexation Boundary I L:— - — . _ i 4th St Lindberg Annexation Zoning Map eEconomic Development, Neighborhoods & Strategic Planning Alex Pietsch, Administrator G. Del Rosario 15 September 2005 Al {F4 i L 10LI C E11 I r nd �t -t Q C- 77LC, l �r SE 136th 1 _ i _T W 0 400 800 — — Renton City Limits 1 : 4800 Annexation Boundary R-8 Zoning CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Subject: Economic Development Neighborhoods and Strategic Planning Rebecca Lind, x6588 Extension of Sewer Moratorium for Sewer Service to New Subdivisions Outside City Limits on the East Renton Plateau Exhibits: For Agenda of. November 21, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Set a public hearing on the extension of the sewer Legal Dept......... moratorium for December 5, 2005 Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. V.1 SUMMARY OF ACTION: In June 2005 the City Council established a moratorium on sewer availabilities for new subdivisions on the East Renton Plateau for six months. At the time, the Council stipulated that if the citizen group, CARE, presented a formal submittal and set a date for an election for annexation, then the moratorium would be extended until one -month after the election is held. A 10 percent petition requesting an annexation election was submitted November 15, 2005 to the City. The petition must be submitted to King County for certification prior to determination of the election date. STAFF RECOMMENDATION: Set a public hearing date on December 5, 2005 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area for an additional six-month period. Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL AI #: 7V s + Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Michael E. Bailey, Administrator Subject: 2005 Year End Budget Amendment Ordinance Exhibits: (Forthcoming) For Agenda of: November 21, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X X Recommended Action: Approvals: Legal Dept......... X Refer to Finance Committee Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The proposed 2005 Year End Budget Amendment Ordinance and issue paper will be submitted to the Mayor, City Council, and City Clerk by Monday, November 21, 2005. STAFF RECOMMENDATION: Approve the 2005 Year End Budget Amendments and adopt the Ordinance. H:\FINANCE\ADMINSUP\01_AgendaBills\2005_Year End Budget Amend Ord (cleanup ord).doc Submitting Data: Dept/Div/Board. . Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL Al #: Hearing Examiner Fred J. Kaufman, ext. 6515 Wedgewood Lane Division 3 Preliminary Plat File No. LUA-05-086, ECF, PP Exhibits: Hearing Examiner's Report and Recommendation Legal Description and Vicinity Map Recommended Action: Council Concur For Agenda of: 11 /21 /2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Wedgewood Lane Division 3 Preliminary Plat was published on October 27, 2005. The appeal period ended on November 10, 2005. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on pages 6 through 10 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Council approval of the Wedgewood Lane Division 3 Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ hh October 27, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: OWNER: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT Patrick Gilroy LandTrust, Inc. 1560 140"' Avenue NE, Suite 100 Bellevue, WA 98005 Wedgewood Lane, LLC 1560 140`h Avenue NE, Suite 100 Bellevue, WA 98005 Wedgewood Lane (Division 3) Preliminary Plat File No.: LUA 05-086, ECF, PP 5325 NE 10`h Street (a.k.a. 14429 SE 116"' Street) Approval for a 40-lot subdivision of a 12.7-acre site intended for the development of small lot clusters. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on October 4, 2005. 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 October 11, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 11, 2005, at approximately 9:18 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. I: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this reaue.qt No. 3: Preliminar Plat Plan Exhibit No. 4: Boundary and Topographic Survey No. 5: Tree Cuttin /Land Clearin Plan Exhibit No. 6: Prelimmar Grading and Utility Plan No. 7: Open space Planting Concept Exhibit No. 8: Storm Detention Pond Planting Plan Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 2 Exhibit No. 9: Street Tree Planting Concept Exhibit No. 10: Overall Plan of Wedgewood Lane Project Exhibit No. 11• Gonin Ma -- — P _ _ -Exhibit No. 12. ERC Miti anon Measures Exhibit No. 13: Revised Preliminary Plat dated October 10, 2005 Exhibit No. 15: Large drawing of October revisions Exhibit No 17: F,-Mail Watts to [lalinen regarding placement of Street -Lights on NE 10"' Street Exhibit No. 14: Trail connections to access roads in Division 3 of Weqgewood bane-, Exhibit No. 16: E-Mail Halinen to Watts to Halmen on 1 1 x 17 sheet with right-of-way layout and approved NE 10"' Street laVout Exhibit 19: Recommendation #9 to be added to the Staff _Report -- -- - -,- - The hearing opened with a presentation of the staff report by Nancy_Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The location of the third division is south of NE 10t", west of 148"' Avenue SE, and to the east of Hoquiam Avenue in the City of Renton. The preliminary plat has been revised. The applicant has resolved the issues with NE 10"' Street alignment and the required dedication for the right-of-way. The revisions pertain to the northern property line, there is proposed a tapering, one portion will be 21-feet and due to the eastern alignment to an existing narrower road and wetland to the east, the road will be tapered. The lots are all still the same as previously presented. This plat has gone through some changes due to the on -site wetlands, stream impacts and location and dedication of roads. Both Divisions I and 2 have received City Council approval. Division 3 was recently annexed into the City as part of the Wedgewood annexation. Division 3 provides access connections between Divisions I and 2, the storm water detention facilities, sanitary lift station and a pedestrian trail that is interconnecting between the three divisions. Under the Comprehensive Plan the site is designated Residential -Low Density and is in compliance with the objectives and policies for that designation. This site is zoned Residential - 4, the applicant has submitted and been approved to develop this site as a small lot cluster. The site must be developed at the R-4 density, however they are able to use the development standards of the R-8 for the lot size, setbacks, and other requirements for the R-8 designation. With the revisions and lot line adjustment that has been proposed for Division 2, it appears that if the proposal goes through, this site will comply with the R-4 density requirements. 1{owever, staff recommends a new density calculation to ensure that the density is met for Division 3, as well, Division 2 will be required to calculate a new density. Lots 17, 24 and 25 appear to retain the 60-foot width for corner lots, but once revisions have been completed, new calculations will be required. The dedication for NE 101" does appear to be appropriate in the revised preliminary plan, Neal Watts is present and he has been working with the applicant to make sure the alignment is correct, all other lots appear to be correct. All requirements for this site will be verified at the building plan review. Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 3 A landscape plan was identified and appears to comply with all requirements. All the interior and exterior surrounding streets were identified for the record. NE 10`h Street landscaping will provide a 5-foot landscape strip along the frontage within an easement strip or Tract. A stream restoration and enhancement plan was submitted, staff would like to make a condition to the plan that all vegetation in the buffer area is to be restored prior to recording the final plat. A Homeowners Association should be established for the maintenance of all landscaping and joint facilities, and shared improvements. As a condition ol' Wedgewood Lane Division 2 Preliminary Plat and the filling of an isolated Category 3 wetland, the applicant will create a wetland and buffer area equal in size in Division 3. The filled area in Division 2 equals 5,887 square feet and the new wetland in Division 3 equals 6,100 square feet. The buffer impact for Division 2 was 16,199 square feet and the new buffer impact for Division 3 is 5,391 square feet giving a total impact from both divisions of 21,590 square feet and the new proposal for additional buffer is 23,056 square feet. Kitsap Avenue NE is a proposed 26-foot wide private access easement. Code allows six lots, no irore than four, not abutting a public right-of-way to access off of a private easement, that is what is proposed here. Lot 21 is actually a pipestem that comes out to Jericho Place. Lots accessing from Kitsap Avenue would be Lots 18, 19, 20, 22, 23, and 24. The 26-foot easement narrows down to a 20-foot easement towards the southern end and then it becomes a private utility easement. Fire, Transportation and Park Mitigation Fees have been imposed for this plat. Staff would like to add a Condition #9 to the report that covers the Native Growth Protection Area and will include signage and a split rail fence to protect the area. A recreational trail will be provided by the applicant, which would link all three divisions together and provide public access points. Staff recommends a pedestrian trail easement be recorded for the 6-foot wide trail and a note be shown on the face of all three plats. The trail should be accessible to the public and trail signs are recommended at each point of access from public streets. A maintenance agreement shall be established for the maintenance of the trail and easement. The subject site is located within the Issaquah School District and the applicant will be required pay the School District Impact Fee of $2,937.00. Per the 1998 King County Storm Water Manual, Level 2, the project would be required to provide water quality and detention. The applicant is proposing a combined stormwater facility to be designed with the capacity to handle all three divisions of the Wedgewood Lane development. The combined facility would be located in the northeastern portion of Division 3. The preliminary calculations for the drainage facility appear to be in compliance with the requirements contained within the 1998 surface water manual. The site is located in Water District 90 service area. A certificate of Water Availability has been obtained. There is an existing 8-inch sanitary sewer main in NE 10`h Street at Hoquiam Avenue NE. The project will be required to extend an 8-inch sanitary sewer main to the sanitary lift station to serve the proposed Wedgewood Lane development. The lift station would be located on Tract E in Division 3, south of NE 10"' Street. David Halinen, Attorney at Law, 2115 North 30"', Suite 203, Tacoma, WA 98403 stated that he is the attorney for the applicant and questioned if the staff reports were all the same, it was determined that they were. He also stated that he sent an a -mail message yesterday to Neal Watts, a proposed layout drawing for the NE 10"' Street improvements. Mr. Watts replied to his e-mail stating that the layout was acceptable to staff. It was Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 4 also clarified that the street lights required to be installed by the applicant along NE 10"' would be only on the south side of NE 10t" Street. Ed_Jones, Core Design, Inc., 1471 1- 29`h Avenue NE, Bellevue, WA 98007 stated that the September changes to the plat were in regard to the wetland buffers that needed to be replaced when the wetland was moved. The new plat shows that the buffer has indeed been increased and moved with the wetland. The October revision was to the NE 10"' Street dedication. The difference is that previously there was 19 feet of right-of-way at the NW corner of Lot 17, now the taper starts at approximately Lot 24. The new density calculations were submitted, the density that is shown on Sheet 1 of the Preliminary Plat have been completed to the regulations of the City. Lots 25 and 29 on the east side of Jericho (Road C) and Lots 17 through 15 have been reduced in width to accommodate the widening of NE 10`h. The storm drainage TIR has been submitted along with the utility permit plans, it has gone through two reviews with the City. There is no final permit as yet, that will be issued after the Hearing Examiner writes his decision. On the NE 10`h frontage improvements, Tract C and D are 5 feet in width. Garret Munger, 518 N 59t" Street, Seattle, WA 98103 stated that lie is the Wetland Consultant that has been working on Wedgewood Lane Division 3 and each of the other divisions as well. The tributary stream that runs from west to east through the project and enters the larger wetland offsite is a Category 3 stream and the appropriate buffer for that is 35-feet. At Loney Creek where it crosses the larger wetland, through the culvert and crosses NE I O'h Street is also a Category 3 stream and is shown on the City of Renton water mapping. The Examiner stated that the report says that stream is a Category 4 and now Mr. Munger is saying that it is a 3. Is it Category or Class, just to make sure that the terms are correct. Wetlands are classified by Category and streams by Class. We need to make sure that we have our language correct. Mr. -Munger stated that it is a Type 3 water, lie was not sure. One other point of clarification is in terms of the Wetland mitigation, there are two areas where wetland will actually be created to satisfy the mitigation requirements for Division 2. These areas are shown in green on Exhibit 15. Excavating, then bringing in topsoil and replanting with native wetland plants, shrubs and trees will accomplish the enhancement. The area of those two combined is approximately 6,100 square feet. Renee Korsmo-EnZbaum, 5424 NE 10"' Street, Renton, WA 98059 stated that her property borders the large wetland on Wedgewood Lane Division 3. She is not opposed to the plans for this development but would like to have clarification on a couple of things. She and her husband have storm water and drainage concerns for their property. They are comfortable with the plans that they have seen for the storm water retention and the drainage facilities that are being installed. They are concerned as to what impact that might have on their property during the construction phase. She also wondered if the culvert through Honey Creek was going to be replaced and how the tapering of NE 10"' might affect their property. Neal Watts, Director Development Services, City of Renton stated that for this type of clustering in the R-4 zone there are requirements related to building standards, peak roofs and decorative trims. When building permits are reviewed they are routed to the planning group, the building department focuses more on whether the building will stand up, types of access while the planning group will look at setbacks and height standards as well as other things. All necessary conditions will be met prior to issuing any building permits. Density calculations need to be correct, they may creep slightly during construction and that is allowed by code. There may be minor changes that occur between preliminary plat and final plat, we do make sure that all changes still meet all conditions prior to final plat approval. Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 5 All reports and designs to this point satisfy the requirements for detention and water quality. The i 998 King County Manual is required for this development, it is a higher standard and developed primarily for protection of stream and flooding problems. Just for the record, Class is used for streams, Class 3 and Class 4. Category is used for wetlands. Staff has no objection to using the culverts for the crossings. They will need approval from Fish and Wildlife Drainage facilities are in the process of being constructed, they will protect the existing neighboring properties and the new developments. The culvert on NI: 10"' needs to be evaluated, if it is sufficient for a public roadway then it could stay. However, it is an older county road and most likely that culvert will have to be replaced. As the street narrows down from the 28 feet that will be required on the west side of the project, there will be requirements for "No Parking" signs on both sides of the street. if at some time the property were to be redeveloped, the street would have to be widened to a full 32-feet of pavement with curb, gutter and sidewalk. Where the sewer will be running through NE 10"', the pavement will be restored to full depth per City standards. Regarding the street improvements on NE 10t", it is a fairly important street in terms of the residential network. There are no streets that connect between Hoquiam and Nile, and the possibilities north and south of here are very limited. People do live on this street and it is not the intent that this street function as an arterial. This will be an additional residential street that provides additional means of emergency response, for service deliveries and as options for the local residents. The cost of both the right-of-way dedications and the pavement will be shared equitably between the north and south property sides. Because there are existing residents on the north side, it is necessary to be mindful of the impacts of both this development and the street to those existing residents. There is a discrepancy in the fact of whether NE 10"' is an easement or a right-of-way, there are maps that show it both ways. The property owners to the west have come to an agreement to split the right-of-way dedication, they will do 21-feet each from the property toward Hoquiam. 'The wetland on the eastern portion of the site is the cause of the tapering, the street is being moved away from that and the same curb alignment will be maintained for future generations. The developer will pay the full cost for the improvements in front of their property and then a cost sharing agreement with the existing owners where the developer will do the work of expanding the roadway to Nile Avenue and the City will credit them toward their Traffic Mitigation Fees. The Examiner stated that Ms. Weil did not state out Recommendation 9, other than she did want a Native Growth Protection Easement. Ms. Weil stated that Mr. Halinen did provide acceptable wording for staff on the Native Growth Protection to read: "A Native Growth Protection area shall be established and noted on the face of the final plat encompassing the areas determined to be wetland and stream buffer areas. Additionally, a split rail fence shall be constructed along the lot side edge of the Native Growth Protection area with signs posted indicating the presence of an environmentally sensitive area prior to the final plat approval. This condition shall be subject to the review and approval of the Development Services Division." Mr. Watts stated that it is necessary to remember that today the project before the Hearing Examiner is a stand- alone project and it cannot go on without some second points of connection. Whatever form the final plat takes, it needs to comply with the requirement for a second point of access. if Division 2 were completed, that would satisfy the need, but if something happened to Division 2 and/or Aspen Woods, and they were held up this project could not go forward. hPatrick Gilroy, Land Trust, Inc., 1560 140"' Avenue NE, #100, Bellevue, WA 98005 stated that Aspen Woods as drawn their construction permit and they have begun work on the site. Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 6 They will place trees, according to the landscaping plan, that have a minimum caliper of 1-1/2 inches per tree. Stan Engler, Fire Marshal, City of Renton stated that their concerns have been met in terms of the design and layout of the road system. It is important to maintain the coordination between all divisions for fire and emergency access. The project does improve access to residences already in place. During the construction of this project and improvements on NF 10"', disruption and access should be minimized. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at approximately 10:55 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Fxaminer now makes and enters the following: FINDINGS: The applicant, Patrick Gilroy, LandTrust, Inc, filed a request for a 40-lot Preliminary Plat. This Preliminary Plat is Division 3 of the Wedgewood bane Plat. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 5325 NE loth Street. The subject site was recently annexed and was addressed as 14429 SE 116th Street in King County. The subject site is located east of Hoquiam Avenue NE. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low -density single-family residential uses, but does not mandate such development without consideration of other policies of the Plan. The subject site is currently zoned R-4 (Single-family - 4 dwelling units/acre). The subject site was annexed to the City with the adoption of Ordinance 5147 enacted in July 2005. 9. 1'he subject site is approximately 12.7 acres or 554,448 square feet. The parcel is a very irregularly shaped parcel that is somewhat triangular. The north and west property lines are generally straight while the east property line slants inward from the northeast toward the southwest. The north property line is approximately 661 feet long. The west property line is approximately 1,317 feet long. The eastern boundary is generally defined by the wetlands and Honey Creek. 10. The subject site slopes to the east with grades of approximately five percent (5%). IL There are regulated wetlands on the subject site that meet the threshold for preservation. Two wetland areas were delineated. There is a Category 3 wetland located in the northwest corner of the site that extends off the site to the west. The area located on the subject site is approximately 2,717 square feet. It requires a 25-foot buffer. Buffer averaging will be used to allow development of lots and a roadway around it. The larger Category 2 wetland is located along the eastern property line and extends off the Wedgewood Lane (Div 3) Preliminary Plat File No.: L11A-05-086, ECF, PP October 27, 2005 Page 7 site to the east. Approximately 40,000 square feet of this wetland is located on the subject site while an additional, approximately 30,856 square feet is located east of the site. This wetland requires a 50-foot buffer. 12. In addition to the wetland areas, Honey Creek runs along the eastern boundary of the site and an unnamed, seasonal creek flows west to east from the area of the Category 3 Wetland in the northwest corner to where it enters Honey Creek along the east margin of the site. The east to west creek is a Class 4 stream and requires a 35-foot buffer. Honey Creek also requires a 35-foot buffer, which would be subsumed into the 50-foot buffer required by its surrounding Category 2 wetland. 13. In addition to the water features, wetlands and creeks that already encumber the subject site, the applicant will be creating wetlands and buffers contiguous with the Class 2 wetland and enhancing areas of that existing wetland to compensate for the wetland similar features that will be filled or eliminated on its Division 2 plat located west of this subject site. The applicant will be creating 5,887 square feet of new wetland in two areas, enhancing 6,000 square feet of existing wetland and creating approximately 11,965 square feet of buffer. 14. While all vegetation in the protected sensitive wetland areas will be preserved, the applicant proposes removing all other vegetation from the subject site to enable site preparation. Code requires planting new trees and landscaping strips along the street frontages. The plans, therefore, propose planting approximately 163 new trees and the reintroduction of native plants in buffer areas. 15. The applicant proposes dividing the acreage into 40 single-family lots. The density permitted in the zone is four units per acre. The applicant proposes employing the "small lot cluster" provisions of the R-4 Zone which enables the applicant to develop lots in a clustered pattern to preserve open space amenities. Development would follow the R-8 development standards such as lot size, setbacks and coverage while meeting the normal, 4-lots per acre density required in the R-4 "Lone. 16. The applicant's density calculations are based on the gross acreage (554,448 square feet) reduced by the amount of land dedicated for public roads (61,069 square feet), private access easements (3,902 square feet) and critical areas, in this case, wetlands (42,914 square feet). Staff noted that these calculations did not include a required 21-foot wide dedication of NE 10th Street, which staff estimated at approximately 4,410 square feet. In addition, a lot line adjustment was suggested to shift property from this division to Division 2 to accommodate a shortfall in that property's acreage vis a vis its density. That could also alter density calculations very modestly. Staff indicated that this appears to result in a density of 3.9 units per acre although staff required that the applicant submit revised figures to verify these numbers. Staff also recommended that the number of lots be reduced if the density exceeds that permitted by code. 17. The main configuration of the plat will involve a tier of lots on each side of a major north to south road. That main road will curve to the west connecting with roadways in other parcels (see below). Two lots, Proposed Lot 1, a pipestem lot, and Proposed Lot 2 will be just south of the western curve. A cluster of lots will be located in the northeast corner of the parcel served by a pipestem for Proposed Lot 21 or an easement running between or serving Proposed Lots 18 to 24. 18. The internal road configuration will consist of the north to south roadway (Jericho) noted above. It will curve to the west near the southern end of the plat and intersect with a roadway (NE 8th Place) being constructed as part of the adjacent Aspen Woods plat. Another roadway from the west (NE 9th Place) will intersect the north to south road somewhat north of its center and connect to Division 1 of the Wedgewood Lane Plat. The north to south road will also intersect a newly created and widened NE 1 Oth Street at the north end of the plat. This is the roadway that will require a dedication for widening as well as improvements to connect to the east. This division of the plat, like its companion divisions Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 8 relies on infrastructure improvement on adjoining property including Division 2 and the third party Aspen Woods. Though connections required by the Fire Department for life safety will be required before this plat can be finalized. 19. The subject site is located within the Issaquah School District. The City requires a payment to that school district to offset the impacts of development on schools in the Issaquah District. The plat is projected to generate approximately 16 or 17 school age children. 20. The development will increase traffic approximately 10 trips per unit, in this case, approximately 400 trips for the 40 single-family homes proposed. Approximately ten percent of the trips, or approximately 40 additional peak hour trips, will be generated in the morning and evening. The density calculations, after corrections for roadway dedication and lot line adjustment, will ultimately determine total trips for this site. 21. While this plat provides a significant share of the utility and roadway infrastructure needed for Divisions 1 and 2 of Wedgewood Lane, as noted above, this plat depends on similar facilities in those divisions to accommodate traffic, water and sewer as well as storm water control. 22. Stormwater would be routed to the large shared system that would be developed in the east central area of Division 3. It would be associated with the large wetland that is located along the eastern edge of the plat. The system would provide both detention and water quality treatment and would be subject to the Level 2 standards of the 1998 King County Manual. 23. Sewer would be provided by the City with a lift station necessary to serve the subject site. The lift station will be located along NE I Oth Street adjacent to Proposed Lot 18 in the northeast corner of Division 3. 24. Water would be provided by Water District 90. The applicant has secured a water availability certificate. 25. In order to complete the necessary circulation for this division as well as the others, staff noted that a dedication of widened but still narrow right-of-way for NE I Oth Street was necessary and that improvements including but not limited to paving, curb and lighting were necessary as determined by the administrator were necessary and outlined in a Modification approval. 26. Restating the obvious once again, the interrelated nature of the three divisions of Wedgewood Lane and the adjacent but separate Aspen Woods that is west of the subject site requires that they all be completed to provide essential public services necessary for the safety of persons and property that will eventually occupy these various properties. 27. The timing of an annexation for the property involved in Proposed Division 3 determined the order of submission for the three divisions. That annexation delayed consideration of this division, Division 3, till after the other divisions although to a greater extent they relied on much of the intrastructure of this division. CONCLUSIONS: The final, Division 3, Preliminary Plat for Wedgewood Lane appears to serve the public use and interest. It pulls together the elements - roads, sewers, stormwater and wetlands - needed by the surrounding Divisions I and 2 as well as Aspen Woods. At the same time, it also depends on elements contained in those separately approved plats. The plat creates additional housing choices and although the R-4 "honing would have allowed more commodious lots, the preservation of wetlands and open Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 9 space, the creation of a trail system and other design features are worthy tradeoffs in allowing smaller clustered lots with R-8 features. 2. The applicant will be preserving almost an acre of critical wetland area and more area when buffer acreage is considered. The applicant will also be providing a trail system for both residents of the plat and the general public. The applicant has provided compensation for the wetlands and the buffers lost in Division 2's development by both expansion of wetland areas and enhancement to existing wetlands. 3. It appears that staff and the Fire Department are satisfied that traffic and emergency services can be safely routed to and through this division as well as the adjoining companion divisions of the plat. In addition, the applicant will be paying standard mitigation fees to help facilitate roadway improvements leading to the subject site. 4. Water and sewer services are available or can be expanded to serve the site. A pump station complex will assist the development potential of the area. 5. Stormwater will be contained by a shared facility and will be governed by current standards for quantity release and quality treatment. The stormwater area should help recharge the critical wetland and provide clean water to this end. 6. The large wetland area coupled with the two creek channels will provide interesting natural features and preserve some of the more rural amenities that will be lost by developing smaller lots in the R-4 Zone. As noted above, these tradeoffs seem appropriate. The wetlands along the eastern boundary will also provide a transition zone to the more rural zoning that the Comprehensive Plan suggests for this site and areas to the east. 7. The smaller lot sizes again make Division 3 similar to the other divisions and many conclusions are similar. Landscaping will be required for each lot and for frontages. The development should increase the tax base of the City and with the offsetting mitigation fees for Parks, Fire and, as noted, Transportation, should not unduly tax the City. As already noted and possibly belabored, until the infrastructure such as all interconnected roads, sewers, and storm facilities are in place, Division 3, this plat, cannot be occupied. Once those facilities are available, the plat will provide reasonable homeownership opportunities for new residents. 9. To reiterate some other issues, the City will control haul routes and make sure that appropriate roads and routes are used. The City will also coordinate the development of NE 1 Oth Street and preserve its availability for emergency and resident access. 10. Staff will have to finally review the final density calculations and provide assurance that the plat falls within City standards or the lot count will have to be reduced accordingly. 11. In conclusion, the final piece of the Wedgewood Lane puzzle will provide the missing part or parts necessary to create a community of some 100-odd homes with appropriate services. it should be approved by the City Council with the proviso that the applicant is fully aware that it cannot be finalized until full provisions have been made for all necessary infrastructures to be in place and operating. RECOMMENDATION: The City Council should approve the 40-lot plat subject to the following conditions: The applicant shall comply with the conditions imposed by the ERC. Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 10 2. Staff will have to finally review the final density calculations and provide assurance that the plat falls within City standards or the lot count will have to be reduced accordingly. The applicant shall revise density calculation to actually reflect the required deduction for NE 10"' Street. If the revised density calculations exceed the maximum net density for the proposed 40 lots, the plat shall be revised to comply with all development standards, including density, lot configuration and dimension. 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. 4. The applicant shall ensure all open space area including buffer impacted during construction shall be restored and enhanced if required 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 prior to final plat. 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 private improvements of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. 6. The applicant shall establish a maintenance agreement for the shared private access easements. Additionally, the applicant shall install a "Private Road" sign indicating addresses served from the private street at the intersection of the private street and the proposed 42-foot internal public street. 7. The applicant shall record a pedestrian trail easement and place a note on the face o' the plat. Additionally, the trail shall be accessible to the public, thus public trail signs are recommended at each point of trail access from public streets. A maintenance agreement shall be established for the maintenance of the trail and easement. A note on the face of the plat shall be required denoting the public use and access of the trail. These requirements shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 8. The applicant shall be required to have all utility maintenance agreements and easements in place prior to or in conjunction with final plat approval. This condition shall be subject to the review and approval of the Development Services Division. 9. The applicant shall ensure that the infrastructure is constructed and in compliance with City standards prior to the recording of the final plat. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 10. The Lot Line Adjustment (LUA-05-108) to convey sufficient land from Division 3 acreage to Division 2 in order to comply with net density for 45 lots shall be recorded prior to the recording of the final plat. H. A Native Growth Protection area shall be established and noted on the face of the final plat encompassing the areas determined to be wetland and stream buffer areas. Additionally, a split rail fence shall be constructed along the lot side edge of the Native Growth Protection area with signs posted indicating the presence of an environmentally sensitive area prior to the final plat approval. This condition shall be subject to the review and approval of the Development Services Division. Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 11 ORDERED THIS 27"' day of October 2005. FRED J. KAU AN HEARING EXWMINER TRANSMITTED THIS 27"' day of October 2005 to the parties of record. - Nancy Well 1055 S Grady Way Renton, WA 98055 David Halinen Attorney at Law 2115 North 30"', Suite 203 Tacoma, WA 98403 Patrick Gilroy LandTrust, Inc 1560 140t" Avenue NE # 100 Bellevue, WA 98005 Garret Munger Alder Northwest 518 N 59" Street Seattle, WA 98103 TRANSMITTED THIS 27t" day of October 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Rene Korsmo-Engbaum 5424 NE 10"' Street Renton, WA 98059 Ed Jones Core Design, Inc. 1471 1- 29"' Avenue NE Bellevue, WA 98007 Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100(G) of the City's Code,_reguest for reconsideration must be filed in writinL) on or before 5.00 p m November 10 2005"Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 1 10, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An anneal must be filed in writing on or before 5.00 P.m., November 10 2005 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be re uired prior to approval 21 Cit V Council or final Drocessing of the file. You may contact this office for information on formatting covenants. Wedgewood Lane (Div 3) Preliminary Plat File No.: LUA-05-086, ECF, PP October 27, 2005 Page 12 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 fo'r Reconsideration aF well as Appeals to the City Council. m c v � •��A 3 Ste. 1 YI U cb •lp M m � Jf TF 7AI pyllf V f w f •� f I N m f r � Y � I SIR a _ Il 11 PE , rs. A' w cl _ / 1` ' \ �1 •erau'+r• r �a.I�YONee iel i t el Iw••w.'ew i ( et' ' \ ' � ' i' %/ �s � I Hwy � •wr„•/ �enr`+1 Cl , 1 I i - ! ♦' �'MMtl•Mq ybyN O I♦�'jl••I Yt WA T n'ArM�w -t'-'/: �f. �� ry•Mr/w ar•til«MwwM �4 r t - �f ' , i w � ; ; r r Mlwq u erp�r Mnu � wy+wr ry � � pM• +4wwYy 11 .r �1�•'{� � j !F♦~Nr�'F Ta' e01 •aw w N� r j •, I � , 1 I. f 11 i 1 r' " (' f�l � ....'.n � ,I, .,gr I w�.l[[ ; r i � ., 4 i ., � �-----1 r••^-� i w� �I ' r�irw `„1y\ Triw r 1 �i .n+..�w.w„'°°`ra'+. . ' 1 N '� w��-^_"'L"'"� -:' L�___�i i___ _it i wa i(� Ii / /`/ / i w• ' ^� I i - I It vve ` -•r-—`�wwlv"�~w♦w�i` .' � .J -�. �ti- l �--J r _ r I r _ ! I _ - - _"-`_ -+_ -� '•'^,•....� I I w rwr r r 1 -Xt - — 1 J --L-- i' 1 1 if PC F-- _J L-_"".! L-- I r I wrwi. , wwrrr I `II v.,` I t %1 rn rw,w'S"w'i �f -- ` JJ i-.---•'t ---`----- IL •lY♦I M•YN �� �•w�I µyr ` \`, __. M.r•y� -! w ;. IL ; ; ^iC F I «f�^ l�i :wr1 I 111 �hh i I `��•` I ,'r I 11 / J �.,♦, `. M•�Iw M m ` / I � ' � •xlnwwl • av r tI�M� y , '� \ � n lvu"~w.`•ylw I HCtdMLOTy� I� MTV July 17, 2005 NT5 _I IA ht7_nna t7r CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA05-086, PP, ECF APPLICANT: Patrick Gilroy, LandTrust, Inc. PROJECT NAME: Wedgewood Lane Division 3 Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant, LandTrust Inc, is requesting SEPA environmental review and Preliminary Plat approval for a 40-lot subdivision of a 12.7-acre site located within the Residential —4 (R-4) dwelling units per acre zone. The applicant proposes to develop the site as "small lot clusters". The average lot size is approximately 5,469 net square feet. Honey Creek runs along the eastern property line. The site contains Category 2 and 3 wetlands and a Class 4 seasonal stream. Stormwater facility and Sanitary Sewer Lift Station proposed for this project as well as Divisions 1 and 2 are located in the northeast portion of the site. Both public and private street would provide access to proposed lots, which shall connect to the public street grid to the north and southwest. LOCATION OF PROPOSAL: 5325 NE 10th Street (a.k.a. 14429 SE 116th Street) LEAD AGENCY: -7be City qf Renton, De rtmej# of PlanningM ing/Public Works Developme.nt Pltnni4 S ti MITIGATION MEASURES: 1. The applicant shall be required trfoN All ealtJ. w "tin thd�;drier summer months (April —October) unless otherwise approved by the City'seveloenttty, Qk�` 2. The applicant shall install a sift f ` � prtc�;4"long Wr Meter of )he 'repo be disturbed. The silt fence shall be in place before clearing and grading ij' in sa presented in the 1998 Kin Co' � . i`� constf?ucted m�conformance with the specifications 9 4bty Surf4pe.. esigii; nual.: This condition shall be required during the construction of both off -site and orf s►te iniprevements as well as building cis tion. 3. Shallow drainage swales shall be Bgon d to intercept sudaee,.,�raier and route the flow away from the construction area to a stabilized disc bint; Vegetation growth ha :be established in the ditch by seeding or f' e. placing sod. Depending on site grades;•.; if mpy be pecessary t6,-line.l ditch with rock to protect the ditch from erosion and to reduce the flow rates. TF3b. esign Ad construe 9n of the drainage swales shall conform to the specifications presented in the 1998 King Couitt�':fi a Water; esign Manual. Temporary pipe systems can also be used to convey stormwater across the site. This condition shall be required during the construction of both off -site and on -site improvements as well as building construction. 4. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on -site and off -site improvements as well as building construction_ 5. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of -change or revision to maintenance schedules to the Public Works Inspector. 6. Certification of the installation, maintenance, and proper removal of the erosion control facilities shall be required prior to recording of the plat. 7. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction permits. This condition shall be subject to the review and approval of the Development Services Division. Im The applicant shall comply with the recommendations contained within the revised Wetland Evaluation_ Report dated August 15, 2005 and prepared by AlderNW in regards to wetland maintenance, monitoring and construction of the project. This project shall be subject to the 1998 King County Surface Water Design Manual Level 2. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 11. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average associated with the project prior to the recording of the final plat. daily trip 12. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 13. - The applicant shall comply with the recommendations contained within the Stream Study dated August 29, 2005 prepared by AlderNW in regards to stream impact during construction of the project and restoration of the arand eas impacted. ; ix. M 'XX ,' G `sr ` X Form No. 14 Subdivision Guarantee (4-10-75) Parcel "A": EXHIBIT A LEGAL DESCRIPTION Guarantee No.: 4361-508623 Page No.: 3 The West half of the South 10 acres of the North 50 acres of the East half of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Parcel "A-1": An easement for ingress and egress over the South 30 feet of the South 10 acres of the Northeast Quarter of the Northeast Quarter of Section 10, township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington; Except the East 30 feet thereof; and Except any portion thereof lying within the above described Parcel "A". Parcel "B": Lot C of King County Boundary Line Adjustment No. 1-041-0055, according to survey recorded December 23, 2004 under Recording No. 20041223900001, in King County, Washington. APN: 102305-9004-03, 102305-9390-05 APN: 102305-9017-08,102305-9023-00 FlhtAnwican Tide IF VV 1/2, l U.J.-C RM J � ; I Field Aye, -F SE rn i 142hd o .. Ave. SE. '"' r _i 1 'U aAbe. NE 142nc co Ave. SE Ave sE . C CITY OF RENTON COUNCIL AGENDA BILL Al42 #: ' rJ Submitting Data: For Agenda of. November 21, 2005 Dept/Div/Board.. Community Services/Library Staff Contact...... Aaron Oesting, X6830 Agenda Status Consent .............. Subject: Public Hearing.. Dynix to Horizon Software Migration Expenditure and Correspondence.. Contract Approval Ordinance ............. Resolution ............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Dynix, Inc. Contract and Maintenance Agreement Information......... Cost Estimates from Other Vendors Magazine Article Recommended Action: Approvals: Refer to Finance Committee Legal Dept.... Yes..... Finance Dept ...... Yes Other ............... Fiscal Impact: $43,267 Expenditure Required... $43,267 Transfer/Amendment....... Amount Budgeted....... $0 Revenue Generated......... Total Project Budget $43,267 City Share Total Project.. X SUMMARY OF ACTION: The Library's catalog and circulation tracking system, commonly referred to as an Integrated Library System (ILS), is based on outdated database technology that the vendor has superseded with newer technology. Currently the City is paying a large, on -going maintenance fee to support this legacy system, an expense that could be greatly reduced by migrating the system to a product based on current technology. The vendor has offered the City a migration package that will not only save money on the initial cost of the transition, but will pay for itself in the maintenance fee savings after just 2.5 years. The migration will also result in additional savings in system administration costs since the new product can be more easily integrated into the IS department's existing operations. Finally, the new system will position the Library for the future through its compatibility with other technologies and services available in the library marketplace. The cost of the migration will be spread over two years, and the money will come from the existing budgets of the Library and IS divisions. The first payment of $21,633 will be due in 2005, with $11,132 coming from the Library and the remaining $10,501 from the IS Department. The second payment of $21,634 will be due in 2006, and $19,000 will come from the Library and $2,634 from the IS Department. STAFF RECOMMENDATION: Council approve the expenditure and authorize the Mayor and City Clerk to sign the contract with Dynix, Inc. in the amount of $43,267 for software migration. Rentonnedagnbill/ bh COMMUNITY SERVICES DEPARTMENT ru M E M O R A N D U M DATE: November 14, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: „ ►Kathy Keolker-Wheeler, Mayor i FROM: ` Dennis Culp, Community Services Administrator ' STAFF CONTACT: Aaron Oesting, Systems Librarian (X6830) SUBJECT: Automated Library System Migration ISSUE: Should the Council approve the expenditure of funds for the migration of the Library's automation system from Dynix to Horizon and approve the contract with Dynix, Inc.? RECOMMENDATION: The Council should approve the expenditure and contract. BACKGROUND: Currently, the library is using the Dynix automation system to catalog materials and track circulation. This software was developed in the mid -eighties on the database technology of that period. Since then, the Dynix Corporation has developed a new library automation product (current terminology for this is Integrated Library System or ILS) called Horizon that is based on modern, relational database technologies. Subsequently, the Dynix software is being phased out and the company is no longer putting any development resources into it. In the near future, the company will be discontinuing support for this product as well. Thus, in the next couple of years, the City is going to have to migrate the library's ILS to a current product (either Dynix or another vendor's) in order to maintain the operability of the system and to protect its investment in the library collection. In addition, due to the obsolescence of the library's current ILS, the city is spending a large amount of money on a maintenance contract to support the system. This amount could be greatly reduced by migrating the system to a current product, thereby saving the city a substantial amount of money. The administration and support of the system would also be made more efficient since the system would utilize the same software platform as other City technologies and could be easily integrated into the IS department's existing operations. Furthermore, there are limitations as to the kinds of additional technological services the library can consider offering citizens since no new development is being done on the Dynix software and few third -party companies are adapting their products to a system that is being phased out. Thus, the city is currently unable to take advantage of new technologies that could improve the services the library is capable of offering its citizens. c Adocume-1 \sdenison\locals-1 Vemp\horizon issue. doc Addressee Name Page 2 of 3 Date of Memo The necessity of migrating in the near future, the cost savings to be realized by updating the technology, and the ability of the migration to position the library for the future are all reasons that, when considered more closely, will make a strong case for approving this expenditure and the associated contract. As was mentioned above, the Dynix Corporation has transitioned its business to focus on its Horizon product, a move that leaves the city on a legacy system that is being phased out. Thus, the City is going to need to migrate the Library's ILS to a modern product in the next couple of years. In investigating the ILS marketplace, transitioning to another vendor's system will cost about $100,000-150,000. Dynix has continued to develop the Horizon product, and is on the verge of releasing a major new version. According to the company, it will be more costly and difficult to migrate from the Library's existing software to this new version. They have offered the City a migration package that would cost about $50,000, or less than half the cost of going to another vendor's product and a 50% savings over the cost to migrate to the next version of Horizon. Once we have migrated to Horizon, the upgrade to the next version will be supplied as part of our annual maintenance contract at no additional cost. Thus, the City stands to save between $25,000 and $100,000 by taking advantage of this offer. Additional yearly savings will be realized in a reduction of our annual maintenance fees. Currently, the library pays —$30,000/year for system maintenance to support outdated software. By upgrading to Horizon, which is based on current technology, maintenance fees drop to—$10,000 per year, a savings of $20,000 per year going forward. This savings means the upgrade will pay for itself in just 2.5 years in maintenance costs alone, not too mention the $25,000-100,000 saved in migration fees. In addition, the current system, due to its antiquated nature, runs on expensive Unix hardware (our last server cost $24,000). The Horizon system runs on smaller, much less expensive Windows servers. Since computer hardware needs to be updated at least every 3-5 years to remain current, when it is time to update the servers, the City can buy inexpensive Windows equipment for —$5,000-10,000. This translates into a savings of—$14,000-19,000 every 3-5 years. Furthermore, transitioning to Windows servers will make the equipment consistent with other City systems. This would allow the ILS to be effortlessly integrated into the City's existing technology infrastructure and would make administering the system easier for the IS department, thereby making operations more efficient and less costly. Lastly, by choosing to make this migration, the library will be better positioned to move into the future. The Horizon product has been designed to be more compatible with a variety of third -party products (i.e. add -on services from other vendors such as self -checkout machines, online credit card transactions, informational databases, etc.), which means that the Library will be able to consider new services for the citizens of Renton. Remaining with the Dynix Corporation is also a good long-term choice for the City, as the company is the leader in the ILS industry. Also, the company recently announced a merger with the number two company in the industry, Sirsi, which will give the combined company a 70% share of the marketplace. This will mean that most if not all library technology products will be made compatible with the Horizon system. Regarding the financing of this project, the cost of the Dynix to Horizon upgrade is $46,063, an amount that was not initially budgeted for this year (2005). After talking with the sales representative from Dynix, it is my recommendation that we fund the Dynix to Horizon upgrade from a combination of the Library's Professional Services account, which is the account that is used to pay our annual maintenance contract with Dynix, and capital moneys from the 316 Fund. Addressee Name Page 3 of 3 Date of Memo In my discussion with the Dynix salesman, I requested that we be billed in two installments: one this year (2005) and one next year (2006). This payment schedule will be reflected in our contract, and by structuring it this way, we will be able to pay for the upgrade with only a small amount of additional funding. Below is a plan for how the financing will work. Currently, the Professional Services account has $12,132, and not all of these funds are committed for 2005. We will need to set aside—$1,000 for our courier service, which leaves —$12,387 for the first payment on the upgrade, a shortage of —$10,501. With the upgrade to the new Horizon system, the first year's maintenance is included in the upgrade fee. The tentative schedule for the upgrade is between September and October of this year, which will mean no maintenance payment until the same time next year. Next year's budget should contain $45,800 in the Professional Services account. Projected costs for OCLC next year will be—$18,650, Courier Service—$6,000, and the first payment on the new maintenance contract—$2,150, which should be due around December 2006 and cover the remainder of the year as is explained above. The remaining $19,000 can be put toward paying the rest of the upgrade fee leaving a shortage of only—$2,634. Thus, we should be able to fund this project from the Professional Services account with the addition of $10,501 in 2005 and $2,634 in 2006 from the IS Department. All these financials are laid out in a table below. 2005 Budget 2006 Budget Prof. Svcs Account $12,132 Prof. Svcs. Account $45,800 Balance 11/4/05 Appropriation OCLC Paid through 1/l/2006 OCLC -$18,650 Courier Service -$1,000 Courier Service -$6,000 Dynix Maintenance Is'Dynix Contract (3`d Qtr) Paid through Dec. 1, Maintenance Payment -$2,150 2005 (due in December 2006 Balance after payment $11,132 Balance after payment $19,000 of above of above First Payment for the -$21,633 Second payment for -$21,634 Upgrade the Upgrade Shortage to be made $10,501 Shortage to be made $2,634 b the IS Dept. up by the IS Dept. CONCLUSION: By migrating the Library's ILS to the Dynix Corporation's new Horizon product, the City will modernize the library's core technology, realize savings in migration costs, maintenance fees and the cost of administration, and position the library to take advantage of new technology to improve service to Renton citizens. Thus, it is recommended that Council approve this expenditure and the associated contract. PURCHASE AND LICENSE AGREEMENT This Agreement is made and entered into this day of , 2005 ("Effective Date") by and between Dynix Corporation ("Dynix!), a Utah corporation having its offices at 400 Dynix Drive, Provo, Utah 84604 and City of Renton ("Customer"), having its offices at 1055 South Grady Way, Renton, Washington 98055. The term "Dynix" shall also refer to the company, its agents, suppliers, and its subcontractors. 1. DEFINITION OF TERMS. Database Server. The computer acquired and operated by Customer to provide database management services in connection with the Licensed Software. Horizon Application Server: The computer acquired and operated by Customer to provide web access and gateway services to the Database Server in connection with the Licensed Software. Licensed Software (or Software): Each Dynix-developed or Dynix-owned software product, which may include third -party technology, as listed in Schedule 1, including machine-readable object code (not source code) for such product, any user documentation for such product, and any other related materials which are furnished to Customer by Dynix for use in connection with such product, as well as any subsequent releases and error corrections for Software previously licensed to Customer. System: The total complement of Licensed Software furnished and maintained by Dynix. Workstation: An end user machine provided by Customer on which client software operates to access the Database Server and which meets or exceeds Dynix's specifications required for operation of the Licensed Software. 2. CONTRACT DOCUMENTS. The contract documents are this Agreement, including the following schedules attached hereto: Schedule 1—Configuration Each of these documents is incorporated herein by this reference as if set forth in full, and shall constitute a part of this Agreement. 3. FURNISHING OF LICENSES AND SERVICES. Subject to the terms and conditions set forth herein, Dynix agrees to provide and Customer hereby agrees to purchase the licenses and services described in Schedule 1. For installation of the System, any of Dynix's assigned technical personnel shall be able to access the System directly via Internet access and a data -grade phone line and modem provided by Customer. Customer shall be responsible for providing direct IP access, including access through any security measures. Dynix alone shall decide whether access to the System is sufficient for installation purposes. 4. WARRANTY. A. WARRANTIES 1. Dynix warrants that for a period of one year from commencement of live operation thereon, the Licensed Software will operate in all material respects in conformity with the applicable user manuals so long as Customer has incorporated into the Software all releases and corrections to the Software that Dynix has made available to Customer. Dynix does not warrant uninterrupted or error -free operation of the Licensed Software. 2. Dynix warrants that the services listed in Schedule 1 will be performed in a workmanlike manner consistent with industry standards reasonably applicable to the performance of such services. B. EXCLUSIVE REMEDY. Dynix's sole obligation and Customer's exclusive remedy for a breach of warranty will be for Dynix to correct or modify the Software to make it perform as warranted or to re - perform the services. If Dynix is unable, within a reasonable time, to correct a breach of Section 4A, Customer will be entitled to an equitable adjustment in the monies owing under this Agreement, up to the total amount of payments for either the Software or services received over the prior 12 month period, to reflect any reduction in the value of the Licensed Software or services resulting from the uncorrected error. C. NO BREACH OF WARRANTY. Dynix is not responsible for any claimed breach of any warranty caused by: (i) modifications made to the System by anyone other than Dynix; (ii) the combination, operation or use of the System components with any items not supplied by Dynix to Customer; (iii) Customer's failure to use any new or corrected versions of the System components made available by Dynix; or (iv) Dynix's adherence to Customer's specifications or instructions. D. NO ADDITIONAL WARRANTIES. THE WARRANTIES SET FORTH IN SECTION 4A OF THIS AGREEMENT ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE LICENSED SOFTWARE IS ERROR -FREE; AND (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT, AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY DYNIX, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY. E. THIRD PARTY WARRANTIES. Third party products may come with a manufacturer's warranty. Such warranties begin on shipment of the third party products from the manufacturer, whether shipment is to Dynix or to Customer. 5. DEDICATED SERVERS. Dynix's standard practice is to require that all servers that are part of the System be dedicated servers and contain only software and content for, and be operated only for the purposes of, the System. In this case, Dynix agrees to allow Customer to house the Horizon database and associated software on a shared server. In the event the System fails to operate in an acceptable manner to Customer because of its being on a shared server, Customer agrees to provide a dedicated server at its own expense for the System. Customer also agrees to pay Dynix for its services to move the System to the dedicated server. 6. PAYMENT. A. PAYMENT ARRANGEMENTS. Dynix shall submit all invoices to Customer at the address shown in the first paragraph of this Agreement. Customer is solely responsible for payment of all invoices. Invoices shall be considered past due 30 days after the date delivered to the City. Past due balances are subject to the lesser of a 1'/2% per month interest charge (18% per annum) or the highest rate allowed by law. B. DISPUTED INVOICES. Customer is not required to pay the disputed portion of any invoice, pending resolution of that dispute, if written notice of the dispute has been provided to Dynix within 15 days of receipt of the invoice. C. TAXES. Taxes are included in this agreement and will be itemized, billed, collected and remitted by Dynix. If Customer is exempt from taxes, photocopies of applicable certificates demonstrating exemption shall be provided by Customer prior to the execution of this Agreement. D. MILESTONES. Payment is due upon invoice. Invoicing will occur at the following times: MILESTONE AMOUNT Delivery of Horizon Software to Customer $21,633 After January 1 ", 2006. Note: Customer must accept the installed System in writing or use the System in live operation for 30 days (whichever occurs first) before final payment is made. $21,634 TOTAL $43, 267 7. SOFTWARE LICENSE. A. Dynix hereby grants Customer a non-exclusive, non -transferable, non-sublicenseable and limited use license to use the Software solely in the conduct of the business of Customer on the Database Server, Horizon Application Server, and Workstations. Dynix Corporation - Page 2 CONFIDENTIAL AND PROPRIETARY B. Customer may not rent or lease the Software to any other entity or use the Software as part of a commercial time-sharing, subscription bureau or service bureau operation. C. The Software is confidential and copyrighted and all rights therein not expressly granted to Customer are reserved to Dynix. D. Dynix retains title to all copies of the Software; all training and procedural materials developed by Dynix in conjunction with the Software; and any additions and supplements to the Software which may be developed for Customer through the reimbursed or unreimbursed efforts of Dynix employees or agents. Except to the extent permitted by applicable law, Customer may not make copies of the Software, other than for archival or backup purposes, nor shall it modify, decompile, or reverse -engineer the Software. E. Dynix may update and modify the Software from time to time, as it deems necessary. F. Dynix or its independent audit firm may, upon reasonable notice, examine and audit the records and systems of Customer to ensure compliance with any license granted by Dynix. Any audit will be performed during the Customer's regular business hours and in a manner which avoids unreasonable interference with the Customer's operations. If such an audit reveals that Customer has underpaid or failed to pay any license fee, Customer agrees promptly to correct such underpayment. G. Customer acknowledges that any breach or threatened breach of any license involving unauthorized use of Dynix's intellectual property rights will result in irreparable harm to Dynix for which damages would not be an adequate remedy. H. Customer may not alter or obscure any proprietary rights notice, including the phrase "powered by Dynix," appearing on any Dynix-supplied materials and must include such notices on any copies. L Dynix's placement of a copyright notice on any portion of any Software or any update to such Software will not be construed to mean that such portion has been published and will not derogate from any claim that such portion contains proprietary and confidential information of Dynix. J. Upon termination of this license, Customer shall destroy or return to Dynix all copies of the Licensed Software and accompanying documentation. 8. INTELLECTUAL PROPERTY CLAIMS. A. Dynix will defend or settle, at its option and expense, any suit brought against Customer based on a claim that the Licensed Software infringes a third party's intellectual property rights. "Intellectual property rights" means patents, trademarks, design rights, copyrights, database rights, trade secrets and all other rights of an equivalent nature. Dynix will indemnify Customer against all damages and costs attributable exclusively to such suit, provided that Customer: 1. promptly gives written notice of the suit to Dynix; 2. gives Dynix sole control of the defense and settlement of the suit; 3. provides Dynix, at Dynix's expense, with all available information and assistance relating to the suit; 4. does not compromise or settle such suit; and 5. is not in material breach of any agreement with Dynix. B. If the Licensed Software is found to infringe, or in the reasonable opinion of Dynix is likely to be the subject of a claim, Dynix will, at its option: 1. procure for Customer the right to continue using the Licensed Software; 2. replace or modify the Licensed Software so it becomes non -infringing; or 3. upon failure of (1) nor (2), remove the Licensed Software in question and refund its net book value based on a straight-line basis over a five year period commencing on the date of initial live operation of the Software. C. Dynix has no obligation to the extent any suit results from: 1. modification of the Licensed Software other than at the direction of Dynix, or 2. use of an allegedly infringing version of the materials, if the infringement could have been avoided by the use of a different version made available to Customer. THIS SECTION STATES DYNIX'S ENTIRE OBLIGATION TO CUSTOMER AND CUSTOMER'S SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT. Dynix Corporation - Page 3 CONFIDENTIAL AND PROPRIETARY 9. LIMITATION OF LIABILITY. DYNIX'S TOTAL LIABILITY TO CUSTOMER UNDER THIS AGREEMENT, EXCLUDING LIABILITY FOR PERSONAL INJURY, DAMAGE TO REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY, AND LIABILITY PURSUANT TO CLAIMS OF INFRINGEMENT, WILL BE LIMITED TO THE PAYMENTS MADE BY CUSTOMER DURING THE PREVIOUS 12 MONTHS FOR THE PRODUCT OR SERVICE WHICH IS THE SUBJECT MATTER OF THE CLAIM. IN NO EVENT WILL DYNIX BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT DYNIX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY. 10. TERMINATION. Either party may terminate this Agreement immediately upon written notice if the other party commits a non -remediable material breach of this Agreement or if the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non -breaching party within 30 days of being notified in writing of such breach. Following termination of this Agreement (for whatever reason), each party will deliver to the other any property of the other in its possession or control in good condition, reasonable wear and tear excepted. Neither party will be liable for any damages arising out of the termination of this Agreement, provided that such termination will not affect any right to recover damages sustained by reason of material breach or any payments owing under the Agreement. 11. RETURNS. Customer may incur restocking fees and other like assessments if it changes the types and quantities of items purchased under this Agreement after the items have been ordered. Returns of third party products shall be governed by the manufacturer's policies. 12. DISPUTE RESOLUTION. The parties will use reasonable efforts to resolve any dispute arising out of the Agreement through a meeting of appropriate managers from each party. If the parties are unable to resolve the dispute, either party may escalate it to its executives. If an executive level meeting fails to resolve the dispute within 30 days after escalation, either party may seek any available legal relief. This provision will not affect either party's right to seek injunctive or other provisional relief at any time. If there is a dispute, the laws of the State of Washington will apply. 13. MIGRATION In the event that within five (5) years of this agreement or any standard version upgrades contemplated herein, Dynix or successors supersedes the Licensed Software purchased herein with other software or another software product, any upgrade or migration required will be installed at the sole cost and expense of the Dynix or successors. This clause does not apply to standard version upgrades of the Licensed Software that are included in the maintenance fees nor does it apply to any hardware upgrades that may be required by the replacement software. 14. ADDITIONAL INSURED. As regards this contract, the City of Renton is named as an additional insured on Dynix's insurance policy. Dynix will provide a Certificate of Liability Insurance in accordance with City of Renton requirements and agree to keep Liability Insurance in force for the duration of the contract. 15. EOE STATEMENT. Dynix is an equal opportunity employer. Dynix will not discriminate against any person based on that person's inclusion in any class protected by federal, State of Washington, or City of Renton law. 16. BUSINESS LICENSE. Dynix will be licensed to do business in the City of Renton for the purposes of this contract. 17. GENERAL. Dynix Corporation - Page 4 CONFIDENTIAL AND PROPRIETARY A. Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control. This provision does not relieve Customer of its obligation to make payments then owing. B. Assignment. Customer may not assign or transfer the Agreement or its rights under it without Dynix's prior written approval, which approval will not be unreasonably withheld. C. Notices. All written notices required by this Agreement will be effective upon receipt. Notices communicated by electronic mail or facsimile will be deemed to be written. D. Relationship. This Agreement is not intended to create a partnership, franchise, joint venture, agency, or a fiduciary or employment relationship. Neither party may bind the other party or act in a manner which expresses or implies a relationship other than that of independent contractor. At no time will any employees of the Dynix Corporation be considered employees of the City of Renton. E. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. F. Survival. Rights and obligations under the Agreement which by their nature should survive will remain in effect after termination or expiration of the Agreement. G. No Waiver. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. H. Modification. No modification to this Agreement will be binding unless in writing and signed by an authorized representative of each party. L Section Headings. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. J. Entire Agreement. This Agreement constitutes the parties' entire agreement relating to its subject matter. It cancels and supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations, and warranties, and prevails over any conflicting or additional terms contained in any quote, purchase order, acknowledgement, or other communication between parties relating to its subject matter during its term. K. Counterparts. The parties agree that this Agreement may be executed in one or more counterparts, each of which shall constitute an enforceable original of the Agreement, and that facsimile signatures shall be as effective and binding as original signatures. IN WITNESS WHEREOF, the parties have caused this Agreement, which shall inure to the benefit of and be binding upon the successors of the respective parties, to be signed and entered as of the Effective Date. Dynix Corporation M_ Title: City of Renton By: Title: Dynix Corporation - Page 5 CONFIDENTIAL AND PROPRIETARY SCHEDULE 1 CONFIGURATION # 42605 Unit Total Annual Qty Description Price Price Maint DYNIX SOFTWARE 1 Horizon Public Library Suite 40,067 40,067 4,808 General Horizon Cataloging Horizon Circulation Horizon Information Portal Horizon Kids' Information Portal Horizon Acquisitions Horizon Community Resources Horizon Home Service DATA SERVICES HORIZON DATA LOAD SERVICES 1 MARC Data Load - One Time 6,000 6,000 1 Patron Load (One Time) 1 MARC Bibliographic and Item Record Load 1,200 1,200 Desc: Load MARC bibliographic records with item information 1 Circulation Transaction Migration 1 Less than 100,000 bib records 1 3,500 3,500 Requirements: The library must provide a single file in pre -defined or ASCII delimited format with field definitions. File contains item status, fines and fees, notices, and requests. History is not transferable however balance totals may be preserved. IMPLEMENTATION SERVICES 1 Profiling Set-up - One time with standard profile 3,000 3,000 2 Onsite days for go live SERVER STAGING 1 Server Staging 2,400 2,400 Staging for Database/Horizon Application Server SERVER INTEGRATION 1 Server Integration (over the web) 3,750 3,750 Integration for Database Server 1 Server Integration (over the web) 400 400 Integration for Horizon Application Server EDUCATION & CONSULTATION SERVICES 1 1 HORIZON TRAINING & Consulting 10,000 10,000 Dynix Corporation - Page 6 CONFIDENTIAL AND PROPRIETARY Access to Web Training for software products purchased during implementation up to on site post go live consulting SUPPLIES Documentation Bundle 1 Horizon Public Library Suite Doc And Media SYSTEM TOTAL 47,267 4,808 Total Discount: (4,000) GRAND TOTAL 43,267 4,808 *MSSQL software and support will be provided by Customer. Hardware and Hardware support will be provided by Customer. Dynix Corporation - Page 7 CONFIDENTIAL AND PROPRIETARY Iz C<Qo Ilozv vvillyou shcal,),e tlze_futcrre? Cost Estimate for the Renton Public Library September 21, 2004 The following is Sirsi's financial proposal for a complete Unicorn electronic library system, including software licensing, education and documentation, policy configuration, data loading and indexing, server hardware, and ongoing system maintenance and enhancements. Software support includes toll -free telephone consultation service and 24-hour, 7-day emergency support from Sirsi's Client Care Center, and all future enhancements released by Sirsi for the Unicorn modules licensed. Prices and products presented here are valid for 90 days from the date of this proposal. Sirsi may add and/or substitute equivalent products for any third party items quoted in the event of product unavailability, software requirements and/or model number changes. renton$.040911.xls Cost Detail - 1 Sirsi (Proprietary) Description License & I r` Year ' Estimated 2 nd Year Software Support Software Support SOFTWARE SUBTOTAL $ 94,028 $ 16,897 SIRSI PROFESSIONAL SERVICES SUBTOTAL $ 54,810 N/A SERVER HARDWARE SUBTOTAL $ 12,377 3 Year Warranty TOTAL. SYSTEM.CUST 5 161,215 $ 100 renton$.040921.xls Cost Detail - 2 Sirsi (Pronrietam) September 20, 2004 Mr. Aaron Oesting Renton Public Library 100 Mill Avenue South Renton, WA 98055 Dear Mr. Oesting: TLC Solutions that Deliver The Library Corporation (TLC) is pleased to submit this proposal for an automated library system for the Renton Public Library. We are proposing Library•Solution®, TLC's integrated, Oracle -based library automation system. The Renton Public Library is beginning the difficult task of choosing an automation system to replace the existing Dynix system. Your library is comparing complex integrated systems, not off -the -shelf software packages like Microsoft Word or Word Perfect. Therefore, it is very important that you look closely not only at the products but also at the companies themselves. You are investing in a relationship with a company, not making a one-time purchase of software. In Library Journal's Automated System Marketplace '99, April 1, 1999, the authors noted the following about TLC: "More than most of the companies in the industry, TLC understands that its role is to enable libraries to help users rather than to focus on merely selling new technology to libraries." Libra ry•Solution is a third -generation automation system that has been installed since August 1996. Since its formal introduction in the Spring of 1997, Library* Solution has been chosen by over 550 library systems representing almost 2,000 libraries to replace 2"d generation systems including DRA, Dynix (Dynix, Horizon, NOTIS), DataTrek, Follett, Gaylord GALAXY, Geac/CLSI, Sirsi, VTLS and numerous others. Library•Solution has been chosen in competitive bid situations over Dynix Horizon, Endeavor, DRA, EOS, Gaylord Polaris, III, Sirsi, Sydney, and many others. Some public libraries in your area that have chosen Library•Solution include: • Stevens County Rural Library District, WA • Beaumont Library District, CA • East Bonner Co. Free Lib. District, ID • Susanville District Library, CA • The Community Library, ID • Alpine County Library, CA • West Bonner Library District, ID • San Benito County Free Library, CA • Corvallis -Benton County Public Library, OR • Del Norte County Library, CA Libraries are choosing Libra rye Solution because of its ease of use for patrons and staff, the fact that it is a native Windows NT/2000 system, the price, the functionality and most importantly, TLC's reputation for providing an "outstanding and unexpected level of support" to libraries. The Library Corporation Cost Summary Proposal for Renton Public Library 1 st Year Costs 2nd Year Costs* k J - Library•Solution Integrated Software Package $73,000.00 $ 14,600.9 Library•Z (Z39.50 server) Included Included Oracle Database Licensing Included Included Tty 581*Y L `' q '"�+",� �� .-��+ g'?✓� ?" ' .;;�^4 gay s =i,z..x`r��^ w''�n, ';�.� Dataserver (with five years of onsite support) $ 8,847.00 Included Webserver (with five years of onsite support) $ 1,973.00 Included Shipping and Handling $ 520.00 •u r }.hJ Yew ,a aF MEMO $ 12,500.00 Data Preparation Authority Control Processing / Access to National Authority Files Included Included Installation $ 4,800.00 Training $ 4,800.00 Subtotal $106,440.00 $ 14,600.00 Washington Sales Tax (Renton County .088) $ 9,320.96 $ 1,284.80 The costs in this proposal are guaranteed for 30 days. Additional costs may apply for installation if hardware is not purchased from TLC. *Annual support after year 2 will not increase more than 5% per year. NOTE. The Library Corporation is a certified service provider of the Dell Corporation. This means that the library never has to call Dell directly. TLC personnel will handle all support calls. Our staff will dispatch a Dell service technician after it has been determined, through our telephone troubleshooting process that a hardware failure has occurred. TLC's pricing includes unlimited OPAC licensing. September 20, 2004 Page 1 HP Public Sector Online Store Page 1 of 2 C invant ( cJ PRINTABLE ORDER FORM Today's Date: 8/22/2005 5:56:59 PM Contract: STATE AND LOCAL PRICELIST (S&LWEB ) Product availability and product discontinuation are subject to change without notice. The prices in this order form are valid for 30 days from the date above. If you do not wish to place this order electronically, please include this form when submitting your purchase order. Show address and comment fields. Use the File - Print option to print this form for your future reference. Items/description Part no Unit price Qty Ext price -Configurable-ProLiant DL360 G4 Intel® Base $4,891.01 1 $4,891.01 XeonTm Processor- Rack Model HP ProLiant DL360 G4 - Rack Server 367007-405 Intel@ Xeonrm Processor 3.00GHz/1 MB 368152-1-21 4GB Base Memory (4x1024) 36B44G-4X1 Microsoft® Windows® Server 2003 339105-1321 Standard Edition + 5 CALs (not installed) Storage controller Smart Array 6i Plus controller (integrated on system board) Drive cage Two 1" Ultra 320 SCSI Hot Plug Drive Bays Riser card PCI-X Riser - 2 PCI-X Slots (One Full Length and One Half Length) RAID 1 drive set (requires matching 2 339778-B21 hard drives) HP 72.8GB Pluggable Ultra320 SCSI 286714-1322 10,000 rpm (1") Universal Hard Drive HP 72.8GB Pluggable Ultra320 SCSI 286714-1322 10,000 rpm (1") Universal Hard Drive Network card NC7782 PCI-X Gigabit NICs (embedded) 10/100/1000 WOL Floppy drive 1.44MB Floppy Disk Drive Slim Line CD-RW/DVD-ROM 24X 331903-1321 Combo Drive Option Kit 460W HP redundant power supply with 354587-001 US NEMA cord only Server management SmartStart & Insight Manager Additional server management Integrated Lights -Out Management - standard Warranty Warranty - 3 year next business day onsite HP Care Pack, 4 Years, 4 Hours, 24x7 U8116E $835.00 1 $835.00 ProLiant DL360 http://gem.compaq.comlgemstorelgemcartlprintpage.asp?page=cart&printview--yes&oi=E9CED&... 8/22/2005 HP Public Sector Online Store Page 2 of 2 Subtotal: $5,726.01 The terms and conditions of the STATE AND LOCAL PRICELIST will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply. To access the HP Public Sector Online Store where this form was created, go to: hftp://gem.compaq.com/gemstore/entry.asp?SitelD=3000 * The estimated lease cost is the monthly payment amount for a lease commencing on or before 9/21/2005 with a term of 36 months and a fair market value purchase option at the end of the lease term. This and other leasing and financing options are available through Hewlett-Packard Financial Service Company (HPFSC) or one of its affiliates to qualified education and state and local customers in the U.S. and subject to credit approval and execution of standard HPFSC documentation. Fees and other restrictions may apply. This is not a commitment to lease. Rates and payments are subject to change at any time without notice. Leasing and financing options for Federal governmental agencies (subject to a $50,000 minimum) are available from Hewlett-Packard Company. For more information, call Hewlett-Packard Financial Services Company at 1-888-277-5942 and talk to a financial services representative who specializes in supporting government and education entities. * HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. * Please contact HP Public Sector Sales with any questions or for additional information: K12 Education: 800-888-3224 Higher Education: State Local Govt: 888-202-4682 Federal Govt: Fax: 800-825-2329 Returns: 877-480-4433 800-727-5472 800-888-3224 * For detailed warranty information, please go to www.hp.com/go/specificwarrantyinfo . Sales taxes added where applicable. Freight is FOB Destination. HP CONFIDENTIAL AND PROPRIETARY INFORMATION. DO NOT SHARE. http://gem.compaq.comlgemstorelgemcartlprintpage.asp?page=cart&printview=yes&oi=E9CED&... 8/22/2005 Dynix Provo, UT; 801-223-5200; www.dynix.com Dynix stands as one of the two largest companies in the library automation in- dustry and the one with the largest in- stalled base of libraries by far, with at least 3,602 library organizations using one of its automation systems. Dynix ranked as in- dustry sales leader with 193 deals in 2004, representing 1640 individual libraries, for Horizon, the company's flagship system. Of these, 63 were new accounts, and 130 represented existing customers migrating from Dynix Classic. In the competition for new accounts, the company's sales per- formance ranked third. Among the multi- user full -featured systems, Horizon leads the industry at 1,799 sites.The number of Dynix Classic sites looms even larger at 1880, though that number will drop dra- matically in 2005. Public libraries represent half of new sales. Dynix sees its upcoming 8.0 release of Horizon as the vehicle that will shore up its appeal to academic li- braries, with important components of enterprise architecture expected by large academic libraries. PEOPLE Industry veteran Bob Walton joined its Board of Directors. He was pre- viously on the board of Ex Libris (USA). Bill Davidson is chief operating officer. WHAT'S NEW?Version 4.0 of Universal Re- source Sharing Application was released, making use of the new architectural framework that will be shared among all Dynix products. Horizon Information Portal version 4.0, the company's latest cat- alog and portal application, advanced to beta -testing. Support of Horizon under the open source Linux operating system was achieved when Southern Utah Uni- versity, Cedar City, switched its production implementation of Horizon to Red Hat Linux. Dynix embraced wireless network- ing through its Horizon Wireless Gateway, products and services to control and secure Wi-Fi hotspots. BEYOND THE ILS The company negotiated a partnership with Altarama Systems and Services for integration ofRefTracker vir- tual reference services management sys- tem; iTeam Resources for the integration of cost -recovery technologies, such as pay - for -print; EnvisionWare for PC Reserva- tion; and LPT:One applications for public computer management. Private investors own Dynix, with the equity held by the 21st Century Group, followed by Green Leaf Ridge and Stratford Capital Partners. With 395 employees, the company is the largest in the industry. Dynix's staffing lev- els remain constant. The company, with a customer support ratio of one FTE for every 18.2 accounts, reported revenues in the $60—$70 million range. Endeavor Information Systems Des Plaines, IL; 847-296-2200; www.endinfosys.com After a decade in business, Endeavor sales reflect strong product and service devel- opment related to digital content. The company signed 22 new contracts for Voyager and has 1,304 installed sites. PEOPLE Former OCLC exec Donald Muccino was promoted to chief operating officer and Mark Wilson to chief infor- mation officer. Sara Randall became di- rector of strategic products. Elsevier vet- eran Jeroen Reineirs joined the company as director of marketing. WHAT'S NEW? Despite slowing sales of Voyager, Endeavor continues an ambitious development track. The Voyager with Uni- code release was installed in many libraries. Voyager 5, slated for release in 2005, will include a number of improvements, fo- cused primarily on circulation. Voyager InterCirc facilitates the borrowing of ma- terials among libraries in a consortium. It provides the ability forVoyager to interact with the circulation modules of other sys- tems, using SIP2, NCIP, or even propri- etary mechanisms, enabling patron -initi- ated borrowing requests throughout a consortium. BEYOND THE ILS Endeavor reported phe- nomenal sales for its non-ILS products (see Table 3, p.45).The marked increase in sales was achieved through the distribution of ENCompass technologies and LinkFind- erPlus by Endeavor's parent company, El- sevier, primarily to customers in Europe and Asia. In the four years since Elsevier Science acquired Endeavor, integration has steadily increased. For Endeavor this has lowered operational costs as Elsevier pro- vides IT, human resources, and administra- tive support. On the technology front, En- deavor has access to both the Elsevier Ad- vancedTechnology Group for technologies such as the FAST DataSearch engine .and the Elsevier User Centered Design Group with deep expertise in human -computer interaction. The customer service ratio stands at one FTE per 21.7 accounts. EOS International Carlsbad, CA; 800-876-5484; www.eosinti.com EOS International offers two library au- tomation products for special libraries: EOS.Web Express for smaller libraries and EOS.Web Enterprise for larger libraries. Both products can run locally, or EOS will deliver them via an ASP -hosting service. EOS.Web is based on Microsoft .NET technologies and uses the RetrievalWare search engine from Convera.The EOS.Web product was launched in 2003. WHAT'S NEW? EOS established a partner- ship with Webfeat to offer metasearch ca- pability as an optional feature- EOS re- ported sales of EOS.Web to 157 sites, up significantly from the 18 sold in 200356- tal installations to date were reported to be 175. Over 250 libraries have subscribed to the EOS E-Library Service. Ex Libris Chicago; 773-404-5527; www.exlibrisgroup.com Ex Libris, specializing in automation sys- tems for large academic libraries and con- sortia, continues to see steady sales of its 48 1 LIBRARY JOURNAL I APRIL 1, 2005 SEE LJ ARCHIVES, NEWS, AND MORE AT WWW.LIBRARYJOURNAL.COM `• - name sales ranks fourth in 2004.Through its acquisition of Carl in 2000, the com- pany gained a library automation system favored by large municipal libraries. To shift the Carl application to a computing environment more familiar to libraries, TLC created Carl.X, which brings Carl to the UNIX and Oracle environment. Carl.X was conceived to appeal to a wider range of libraries, making the high -end features and sophistication of Carl more accessible and affordable. Los Angeles Pub- lic Library, Solano Napa, and Partners Consortium in California; Arlington County, VA; and Monroe County, NY, all extended their contracts for multiple -year commitments. On the down side, San Antonio Public Library and the Middlesex Automation Consortium, NJ, moved to competing systems. Carl.X also saw its first sale, a library migrating from Carl.Solution. BEYOND THE ILS TLC launched Online Se- lection Assistant in 2003 to streamline the selecting and processing of materials. In 2004, it launched a new release and re- named it Online Selection and Acquisi- tions (OSA) to reflect its capabilities in fund management and ordering. For most libraries, OSA can be used instead of a tra- ditional acquisitions module. Wireless.So- lution provides the components for creat- ing a wireless network secured through a built-in firewall and VPN capabilities. Wireless. Solution Pro adds authenticated access with optional fee payment. Com- puter stability remains an issue, and TLC partnered with Leapfrog Software for ex- clusive distribution rights in the library market for Reclaim It, an instant recovery software.The company reported total em- ployment at 189, a 5% growth, with one FTE per 9.6 accounts. Revenues were in the $25430 million range. Mandarin Library Automation, Inc. Boca Raton, FL; 800-426-7477; www.mlasolutions.com Mandarin Library Automation offers the Mandarin M3 and the Mandarin Oasis for centralized automation. In 2004, 77% of sales were to schools, the rest mainly to special and academic libraries. Following years of climbing sales, 2004 saw a dra- matic drop in sales of Mandarin M3— consistent with the trend of diminishing sales to individual libraries. WHAT'S NEW? Mandarin Oasis, a com- pletely web -based system for providing centralized automation to a school district, was released late in 2004.There have been two sales. In February 2005, the firm an- nounced that it is offering Mandarin M3 as a free download. This includes OPAC, cataloging, circulation, and more. An an- nual service and update agreement — priced at $575 per site —includes technical support, upgrades, and increased functions. BEYOND THE ILS Mandarin developed a metasearch interface through a partner- ship with MuseGlobal. The MuseSearch technology is the basis for Mandarin PAC - Portal, which allows libraries to provide an interface that simultaneously searches li- brary catalogs, subscription databases, web sites, and any Z39.50 resources. Textbook Module, an optional add -in to Mandarin M3, assists in the management of text- books. Mandarin Library Automation re- ported 38 employees and revenues in the $2.5-$5 million range. Open Text, Inc. Dublin, OH; 800-328-2648; www.opentext.com Open Text grew through the acquisition of IXOS AG, a company that produces content management and archiving prod- ucts, and Artesia Technologies, known for its TEAMS digital asset management sys- tem. These acquisitions strengthen the company's position as a provider of enter- prise content management solutions. In 1998, Open Text acquired Information Dimensions, Inc., developer of the BASIS document management product and the Techlib library automation system. WHAT'S NEW? Techlib will now be known as Livelink for Libraries and BASIS as Livelink Collections Server.The company closed 20 contracts for Livelink for Li- braries, two to new clients. More than half of the company's. sales were to libraries outside the United States, and 95% went to special libraries. The company special- izes in enterprisewide solutions rather than systems for individual libraries. As a whole, Open Text, Inc. employs over 2000 world- wide.This division of the company, previ- ously known as the BASIS Division of Open Text, employs about 24. Sagebrush Corporation Minneapolis; 800-533-5430; www.sagebrushcorp.com Sagebrush is one of the largest automation companies in the school library arena. With three major products, Sagebrush ap- peals to a broad range of library automa- tion needs. Sagebrush Spectrum (formerly Winnebago Spectrum) has long been one of the best-selling library automation sys- tems for schools. By year end 2004, Sage- brush reported that Spectrum was in- stalled in 19,930 libraries. In the last three years, sales for Spectrum have declined, with a sharp drop in 2004. Sagebrush Athena is a Windows -based ILS with a unique Visual Search interface. Athena has an installed base of 13,576 school li- braries. Its sales have also declined. In 2004, Sagebrush developed a number of enhancements to Athena. Sagebrush Ac- cent, based on technology from Sirsi Cor- poration, was introduced in 2001 as one of the first systems for the centralized au- tomation of school districts. Sales of Ac- cent saw a sharp rise in 2004. Note that the sales numbers for Spectrum and Athena, which represent individual li- braries, cannot be compared with those for Accent, which is sold to districts. WHAT'S NEW? Sagebrush offers a web - based research environment called Pin- point that provides simultaneous searching for multiple resources. The company launched a subscription service called Sagebrush MARC Source to assist li- braries in cataloging their collections.The . collection focuses on materials appropriate for K-12 education. Privately owned, the company did not disclose revenues or number of employees. Sirsi Corporation Huntsville, AL; 256-704-7000; www.sirsi.com In its 25th year, Sirsi completed 134 sales, the second highest in the industry. Sev- enty-six sales went to new clients, also a second place showing. The company did especially well in international sales. From the perspective of market share, Sirsi won 76 new accounts, showed a net loss of 39 accounts from legacy accounts, and lost ten Unicorn accounts.This is a net gain of 45 accounts. When counting the number of libraries represented, the same formula yields a loss of 103, owing primarily to the loss of several large DRA accounts. Sirsi reported that at least 180 libraries joined consortia using Unicorn, resulting in a net market share gain of 79 libraries. By now, most Sirsi legacy sites have made their migration decisions. Among the ARL members, Sirsi stayed even. From 2002 to 2004, the percentage of sales to public li- braries grew from 33% to 47%. PEOPLE Angus Carroll joined the company as chief marketing officer and Stephen Abram joined as VP for innovation. WHAT'S NEW? As mentioned, Sirsi's Nor- mative Data Project, launched in early 2005, brings together geographic, demo- graphic, and usage data to provide librari- ans with an important tool for analysis (see p. 45). Major development work in Uni- corn was undertaken, slated for release in 2005.The WorkFlows clients are being en- 54 1 LIBRARY JOURNAL I APRIL 1, 2005 SEE U ARCHIUES, NEWS, AND MORE AT WWW.LIBRARYlOURNAL.COM tirely rewritten in Java. The Java -based clients saw beta -testing, with general re- lease slated for 2005. Sirsi created Collec- tion Exchange, which streamlines the process of selecting materials to be trans- ferred -among libraries that share the sys- tem. PocketCirc is a new handheld device for performing circulation tasks away from regular service desks. In the wireless arena, Sirsi partnered with Bluesocket, Inc. to of- fer a product for authenticated access to Wi-Fi hotspots. Using SIP2, libraries can establish an environment that secures wire- less connections through the patron's li- brary card number and PIN. Sirsi extended the number of partners supported by its 9xx Loader, which transfers bibliographic, item, and order data from a supplier into Unicorn. Sirsi focused much of its devel- opment efforts on its new Rooms prod- ucts. The new Digital Heritage Room blends Sirsi's Hyperion Digital Media Archive into the Rooms framework in an ASP -hosted service, allowing a library to create digital collections easily. Sirsi is the largest company in the industry in terms of personnel, with 394 employed worldwide. The company slimmed down 11% since last year, with a customer service ratio of i one FTE per 7.8 accounts. 'I Softlink America Inc. �i Los Angeles; 877-454-2725; www.softlinkamerica.com Softlink America is a wholly owned sub- sidiary of Australian -based Softlink Inter- national, Ltd. Softlink America focuses primarily on special libraries, with about 80% of its sales to legal, medical, govern- ment, or corporate libraries. The com- T pany's core product is Liberty3 and Lib- erty3 ASP. Liberty3 is a completely web - ,I based automation system. The company's i previous product was Softlink Alice, a Windows -based automation system de- signed primarily for school libraries, which has. faced declining sales. PEOPLE The company undertook a major restructuring, moving its offices from Denver to Los Angeles .and appointing Robert Cortaro as its president. WHAT'S NEW? The company created Soft - link Oliver, a completely web -based sys- tem to be run locally or as an ASP hosted on Softlink servers. Oliver is based on the technology developed in Liberty3 geared toward school libraries. In the United States, Oliver will be marketed as School Matrix Powered by Oliver. In 2004, Soft - link America entered into a partnership with VIP Tone as its exclusive distributor for Oliver, though existing clients may upgrade directly from Softlink. In early 2005, Softlink acquired Limes Software, a small UK firm that offers the Limes Mil - lenia Windows -based system, with about 5000 users in the UK. Softlink recently of- fered to donate a copy of its software to any church or synagogue in North Amer- ica. To date, the company has provided software valued at $100,000.The company employs 94 worldwide. Surpass Software Calhoun, GA; 706-625-5399; www.SurpassSoftware.com Surpass Software offers the Surpass Select library automation system.While the com- pany generally targets the K-12 school market, its Surpass SL product has been de- veloped to appeal to small corporate and church libraries. In 2004, the company signed 105 new contracts, including school districts as well as standalone libraries. Sur- pass also extended the functionality of ex- isting sites through sales of its Surpass Se- rials module and Surpass Copycat utility forL39.50-based copy cataloging. WHAT'S NEW? In early 2005, the company released Surpass Centriva, a library automa- tion system designed for centralized au- tomation for school districts.Though it uses the Web Savari OPAC, staff modules are Windows -based, extending the technology of its existing product line to accommodate centralized automation. The company's strategy has been to evolve its core automa- tion system rather than develop an entirely new system.The company reported sales in the $500,000—$1 million range. SydneyPLUS International Richmond, BC; 604-278-6717; www.sydneypius.com SydneyPLUS provides library automation and KM systems for large libraries in cor- porations, law firms, and other special li- braries. This year marks the 25th year of operations for this privately owned com- pany. In 2004, SydneyPLUS saw 26 sales of its flagship library automation system Syd- neyPLUS for MS -SQL and Oracle. Six of these contracts were to new clients and 20 to existing customer libraries, 62% to U.S.- based organizations. Some of the major ac- counts won in 2004 include Dorsey & Whitney LLP, one of the world's largest law firms, and the National Science Foun- dation. SydneyPLUS indicates that its client base includes over 25% of the top law firms in America, as well as many of the leading global companies. As a com-- pany specializing in enterprise -level au- tomation systems for large organizations, the number of sales is small, but the value of each contract is high. VTLS Inc. Blacksburg, VA; 540-557-1200; www.vtls.com In 2004,VTLS saw a total of 35 sales for Virtua, 28 to new clients.VTLS made five sales to U.S. libraries. Four were to rela- tively small libraries, but the fifth went to the Research Library Consortium of South Manhattan, which includes ARL member New York University, a signifi- cant win for VTLS. Nine libraries with VTLS Classic migrated, with seven se- lecting Virtua, a 78% retention rate. The number of Virtua implementations stood at 199. The installed base for the VTLS Classic is below 100, with most slated to migrate in 2005. WHAT'S NEW? VTLS made a number of upgrades to its Virtua ILS, including sup- port for FRBR (Functional Requirements of Bibliographic Records) and optional modules for metasearch, OpenURL link- ing, and an alternate search interface. FRBR, a way of organizing bibliographic information that takes into consideration that a given work may have multiple man- ifestations, has interested librarians, but the means to implement it has been lacking. VTLS has been an early implementer of FRBR and realized its first production use of FRBR by the Universite catholique de Louvain, Belgium. BEYOND THE ILS VTLS gained capabilities for metasearch and OpenURL linking by licensing technologies from business part- ners. Through a partnership with Muse- G1oba1,VECTORS, the company's portal front-end for Virtua, provides metasearch capabilities. Support for OpenURL link- ing was added to VECTORS through in- tegration of the TDNet Full Text Re- solver. Support for the Open Archives Initiative Protocol for Metadata Harvest- ing (OAI-PMH) was added with VOR- TEX, an open source product.VTLS de - votes a division of the company, .called VTRAX, to RFID. VTRAX partnered with FKI Logistex Crisplant to integrate the FKI sorting system withVTLS's FAS- TRAC RFID software. VTLS's business model supports open source applications though value-added services such as in- stallation, customization, and support. In this vein,VTLS developed VITAL, an in- stitutional repository based on the FEDORA open source digital object repository soft- ware. FEDORA was developed by the University ofVirginia and Cornell Uni- versity, Princeton was an early customer. VTLS, which reported 93 employees, down 11%, has the second strongest cus- tomer support ratio, with one FTE per 6.5 accounts. ■ 56 1 LIBRARY JOURNAL I APRIL 1, 2005 [SEE Ll ARCHIVES, NEWS, AND MORE AT WWW1IBRARUOURNAL.COM-11- - — - — Ar-ROVC-o t3Y CE t' 7 COUNCIL � Date TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT November 21, 2005 Deferral of Street Improvements (Referred October 24, 2005) The Transportation Committee recommends concurrence in the staff recommendation to approve the amended RMC 4-9-060C, City of Renton Deferral of Plat Improvements. The amendments will eliminate the option of deferrals subject to recording of restrictive covenants and establish a new option of voluntary "payment of a fee -in -lieu for approved street improvement deferrals. This option would only apply to short plats, and only for short plats that met the criteria for deferral of the construction of the required street improvements associated with the short plat approval. The Committee further recommends that the ordinance regarding this matter be prepared for first reading. Marcie Palmer, Chair Don Person, Vice Chair andy Corman, Member cc: Gregg Zimmerman, PB/PW Administrator Neil Watts, Development Services Director Sandra Meyer, Transportation Services Director Kayren Kittrick, Development Engineering Supervisor Jan Illian, Engineering Specialist APPROVED BY I CeTV COUNCIL Bate FINANCE COMMITTEE COMMITTEE REPORT November 21, 2005 BUSINESS LICENSE FEE REPORTING PERIOD (Referred September 26, 2005) The Finance Committee recommends concurrence in the staff recommendation to approve changes to the business license fee reporting period as follows: 1) annual invoicing of small businesses (less than 50 employees); 2) quarterly invoicing of large businesses (50 or more employees); and 3) establishment of a schedule when small businesses will receive and pay their annual business license fee. The Committee recommends, that an ordinance regarding this matter be prepared for first reading. Don Persson, Chair d27'Lli Toni Nelson, Vice Chair &tv'o 0, ;L Denis W. Law, Mem er cc: Michael E. Bailey, Finance & IS Administrator Linda Parks, Fiscal Services Director Brian Hilderman, Business Systems Analyst Paul Baker, Code Compliance Inspector Marilyn Kamchefi; Code Compliance Inspector Linda Parks, Fiscal Services Director George McBride, Acting IS Director Cindy Zinck, Finance Analyst Supervisor AF;PROVED BY CwTYCOUNCIL Date //-Al- 900S" COMMITTEE OF THE WHOLE COMMITTEE REPORT November 21, 2005 2005 Comprehensive Plan Amendment File 2005-M-3 EvaluatingPotential Boundaries for the West Hill Potential Annexation Area (Referred November 7, 2005) The Committee of the Whole recommends concurrence in the staff recommendation to add the West Hill to the City of Renton Potential Annexation Area. The Committee further recommends concurrence in the staff "recommendation to amend the City of Renton Comprehensive Plan Land Use Map to adopt land use designations and a Potential Annexation Area boundary as shown on the map "Proposed Land Use Designations for the West Hill PAX% dated November 14, 2005. Terri Briere, ouncil President ccc Alex Pietsch Rebecca Lind ■ar �. Hpl_ril MOM . r{i— 1,1 , UTILITIES COMMITTEE COMMITTEE REPORT November 21, 2005 APIPIROVED BY CITV COUNCIL a t Date WSDOT I-405 Project Concurrence Letter — Wells and Parks Task Force (Referred November 7, 2005) The Utilities Committee recommends concurrence in the staff recommendation to grant the Washington State Department of Transportation's request for approval of a Concurrence Letter for the proposed alignment for the northbound I-405 to SR-169 off -ramp and future widening of 1-405. The Committee recommends the Mayor and City Clerk be authorized to sign the Concurrence Letter. ,-VC, andy Corman, Chair Dan Clawson, Vice Chair E-'XC Uso:) Don Persson, Member cc: Lys Hornsby, Utility Systems Director Abdoul Gafour, Water Utility Supervisor UTILITIES COMMITTEE COMMITTEE REPORT November 21, 2005 Ar-PrIOVED BY CiTY COUNCIL Date Engineering Design Contract — Central Plateau Interceptor Phase II (Referred November 7; 2005) The Utilities Committee recommends concurrence in the staff recommendation to 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 to transfer $400,000 from the Sunset Interceptor Phase 11 project account to the Central Plateau Interceptor Phase II project account within fund number 421, Sanitary Sewer Main Extensions, and to authorize the Mayor and City Clerk to `execute the consultant contract. R ndy Corman, Chair Dan Clawson, Vice Chair ejo Don Persson, Member cc: Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater Utility Supervisor APPROVED BY �i� �E�UNCiL i UTILITIES COMMITTEE COMMITTEE REPORT Date November 21, 2005 Partial Release of Easement RE 05-001 Robert West for Property Owners Steven Altringer & Robin Shapland (Referred November 7, 2005) The Utilities Committee recommends concurrence in the staff recommendation to approve the partial release of a certain City of Renton easement contained and described under King County Recording Number 6660972. The Utilities Committee also recommends concurrence with the recommendation that City Council collect the requisite processing fee from the applicant. No public funds were spent in acquiring or maintaining that portion of the easement to be partially released. Therefore, this is a Class "B" easement and requires no further compensation other than the processing fee. Class B: All City of Renton easements for which no public funds have been expended in the acquisition, improvement or maintenance of same, or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which'no public expenditures have been made in the acquisition, improvement or maintenance thereof. The Utilities Committee further recommends Council authorize the Mayor and City Clerk execute the Partial Release of Easement document and that the City Clerk record the document with King County. andy Corman, C air CJJ a., &t'� Dan Clawson, Vice Chair Don Persson, Member cc: Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater and Technical Services Supervisor APPROVED BY CITY COUNCIL UTILITIES COMMITTEE Date COMMITTEE REPORT November 21, 2005 2006 System Development Charges Annexation Fee November 7, 2005 The Utilities Committee recommends concurrence in the staff recommendation to approve increases in Water, Wastewater, and Surface Water Utilities System Development Charges and establishment of an Annexation fee. The Committee further recommends that the ordinance regarding this matter be prepared for first reading. andy Corman, Chair Dan Clawson, Vice Chair r, �s 4 u.e j-VI Don Persson, Member cc: Lys Hornsby, Utility Systems Director Nenita Ching Rebecca Lind APPROVED BY COMMUNITY SERVICES COMMITTEE CITY COUNCIL COMMITTEE REPORT Date //- a/- 2605' November 21, 2005 WSDOT I-405 Project Concurrence Letter — Wells and Parks Task Force (Referred November 7, 2005) The Community Services Committee recommends concurrence in the staff recommendation to grant the Washington State Department of Transportation's request for approval of a Concurrence Letter for the proposed alignment for the northbound I-405 to SR-169 off -ramp and future widening of I-405. The Committee recommends the Mayor and City Clerk be authorized to sign the Concurrence Letter. Toni Nelson, Chair Marcie Palmer, Vice Chair j Dan Clawson, Member cc: Leslie Betlach, Parks Director Lys Hornsby, Utility Systems Director Abdoul Gafour, Water Utility Supervisor PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT November 21, 2005 2005 Comprehensive Plan Amendments (6/13/2005) APPROVED BY -� CITY COUNCIL Date The Planning and Development Committee recommends concurrence in the staff recommendation to approve the 2005 Comprehensive Plan amendments as shown on the 2005 Comprehensive Plan Amendments matrix (Attachment A). The Committee further recommends adoption of the ordinance approving the 2005 Comprehensive Plan update and the annual Citywide Zoning Map amendments as shown in Attachment A. The Committee further recommends adoption of the related ordinance amending Title IV Development Standards in the Resource Conservation and Residential 1 zones. Dan Clawson, Chair Denis W. Law, Vice Chair Marcie Palmer, Member cc: Alex Pietsch Rebecca Lind APPROVED BY C 'fit COUNCIL Date // ,�1- 20DS ATTACHMENT A - 2005 COMPREHENSIVE PLAN AMENDMENTS C:\DOCL7ME-1UMEDZE-1\LOCALS-1\Temp\200 5 CPA MATRIX_1.doc Last printed 11/17/2005 4:51 PM Page 1 s C:\DOCUME—IUMEDZE-1\LOCALS-1\Temp\2005 CPA MATRIX_I.doc Last printed 11/17/2005 4.51 PM Page 4 I students to pick the style and color of winter coat they liked best. Rotarians increased the number of coats available from last year by 300 percent. Family liaisons from Communities In Schools of Renton ensured that students in need had a chance to receive a warm winter coat. * Maplewood Heights Elementary School staff and parents have combined their efforts to promote healthier kids. Once a month, PE teacher Paul Girlamo and the school's PTA organize a Saturday Family Walk using a trail in the area. In addition, a group of 20 students are participating in the Seattle Marathon Association's Kid Marathon program. They are each spending time after school with parent support to accumulate 25 miles of walking or running by Saturday, November 26th when they will complete the final 1.2 miles of the marathon. This is the second year for this marathon program at Maplewood facilitated by Linda DeCample, and some returning participants are developing into faithful runners. " Hazelwood Elementary School students participated in testing given last year by the National Assessment of Educational Progress (NAEP). Results from the test were recently released showing Washington students scored higher in nearly every category than the national average. When the results were announced, federal education officials said they were the best fourth -grade scores since the national testing program began in 1971. Achievement gaps between racial groups are narrowing nationally and on the state level, but the difference was particularly noticeable in Washington among black students in fourth -grade math and reading who significantly bypassed the national average for black students. Reading scores for all of Washington's ethnic groups in fourth grade beat their national averages. Kennydale Elementary School recently held a Family Fun Math Night that drew participation of 110 Kennydale students and about 90 parents. Sponsored by the Kennydale PTA, the event featured 11 stations of fun math activities and games such as pantomimes, probability pigs, estimating jar contest and math bingo. The highlight of the event was that each of these stations was run by a Kennydale student volunteer that had applied for the position of Math Night game teacher. These students spent time prior to the event learning their stations and really rose to the occasion showing their leadership skills and willingness to serve others. From: Julie Brewer To: Council News Date: 10/27/2005 1:17:06 PM Subject: Fwd: Good News about Renton Schools FYI - from the Renton School District >>> "Randy Matheson" <randy.matheson@renton.wednet.edu> 10/27/05 11:24 AM >>> Below are good news announcements read by Renton School Board members at last night's meeting. Please feel free to share these with others, read them at City Council meetings. For more good news about your city schools, please contact me. Randy Matheson Executive Director, Community Relations Renton School District 425.204.2345 rmatheson @ renton.wednet.edu "GOOD NEWS" ANNOUNCEMENTS - October 26, 2005 * Lindbergh High School senior Julian Reyes has been awarded the Distinguished Regents Scholarship from Washington State University Regents Scholars program. Julian was awarded the scholarship based on his academic strength, leadership, and community and extracurricular involvement. Julian frequently shows exceptional commitment and academic performance while managing part-time jobs, extraordinary family situations, and other special circumstances. Julian is one of only 25 students receiving the four-year award worth more than $54,000; covering undergraduate tuition, fees, room and board, and a book stipend. Lindbergh High School senior Olga Sievers has been awarded the Silver Regents Scholarship. Only 75 students receive this two-year award worth a total of $8,000, covering about three-quarters of resident tuition. Olga was selected for the award based on academic strength and community involvement. Two Hazen High School juniors, Briana Alzola and Ryan Schindler, have been chosen to receive a Crimson Regents Scholarship as part of the Washington State University Regents Scholars program. The University grants these awards only to a select group of the finest and most promising high school scholars in the state. The Regents Scholars Program recognizes exceptional students and keeps them in the state of Washington for their college education. * Lindbergh High School staff are working with the Writers In The Schools (WITS) program to bring working writers into the classroom to work with students. The school's resident writer is Scott Driscoll, a Seattle -based non-fiction writer and university instructor. Scott is working with language arts teacher Taryn Stermer to design two projects linked to the curriculum. Earlier this month, through the WITS program, Pulitzer Prize nominated author Hu Jin visited Lindbergh to spend an hour with students. Mr. Jin, who's book "Waiting" won the National Book Award, is an internationally acclaimed author. * Hazen High School is hosting an exhibit in tribute to Northwest minority pioneers. The exhibit showcases the unique historical contributions of early minority pioneers in the states of Washington, Oregon and Idaho. The exhibit includes the Northwest Black Pioneers, Reflections of Seattle's Chinese Americans: The First 100 Years, and Latino Pioneers of the Northwest. The exhibit was organized by a group of community volunteers in cooperation with Macy's. It is located in the auditorium foyer and will be on display through October 28th. * About 1,500 students throughout the district have a new winter coat thanks to Renton Rotary and Project Warm. Last Saturday, Rotarians welcomed the students to the Renton High School cafeteria, allowing ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1209:11 / 15 /05 : ma 11 ORDINANCE NO. I. Exemptions: The provisions of this Chapter shall not apply to: tax by law; 1. Any business enterprise, firm or corporation which the City is forbidden to 2. Translators, expert witnesses, and court reporters who have a business license in another jurisdiction and who have a business located outside the City when their services are used in an ongoing judicial proceeding; or 3. Attorneys who have a business license in another jurisdiction and who have a business located outside the City a) when they are representing a client who is doing business with or seeking a permit from the City; b) when their services are used by a defendant in Renton Municipal Court or by a party in an administrative hearing; c) when their services are used as a judge pro-tempore in Renton Municipal Court; or d) when their services involve representation of a client and their presence in the City is limited to participation in a meeting, negotiation, arbitration, deposition or witness interview that is related to an ongoing or anticipated legal matter. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk 2005. day of , 2005. Kathy Keolker-Wheeler, Mayor ORDINANCE NO. The Finance & Information Services Administrator shall have the power and it shall be his duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this Chapter or with the law for the purpose of carrying out the provisions hereof, and it shall be unlawful for any business enterprise to violate or fail to comply with any such rules or regulations. 2. Any business enterprise aggrieved by the amount of the fee or tax found by the Finance & Information Services Administrator to be required under the provisions of this Chapter may appeal to the City Council from such finding by filing a written notice of appeal with the Finance & Information Services Administrator within five (5) days from the time such business enterprise was given notice of such amount and paying an appeal fee of $75.00. The City Council shall, as soon as practicable, fix a time and place for the hearing of such appeal. The Council shall cause a notice of the time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to introduce evidence in its own behalf. The City Council shall thereupon ascertain the correct amount of the fee or tax. The Finance & Information Services Administrator shall immediately notify the appellant thereof by mail, which amount must be paid within three (3) days after the notice is given. The Mayor, the President of the Council, or the chairman of any committee thereof before which the appeal is to be heard may, by subpoena, require the attendance of any person and may also require him or her to produce any pertinent books and records. Any person served with such subpoena shall appear at the time and place therein stated and produce the books and records required, if any, and shall testify truthfully under oath administered by the chairman in charge of the hearing on appeal as to any matter required of him pertinent to the appeal, and it shall be unlawful and a misdemeanor punishable under RMC 1-3-1, for him or her to fail or refuse so to do. 6 ORDINANCE NO. served notice of closure, or within thirteen (13) days of mailing of a mailed notice of closure. The written notice of appeal shall state the reasons why the closed business need not obtain a business license or proof that the business has a business license. The Finance & Information Services Administrator or the Administrator's designee shall then determine whether or not the business is exempt from the City's licensing requirement or has a currently valid business license. If the Finance & Information Services Administrator or the Administrator's designee cannot make these findings, then there shall be an order entered affirming the order to close the business. Any appeal decision shall be reduced to writing and a copy provided to the appellant either in person or by mail. Any further appeal of the appeal decision shall be by writ of certiorari to the King County Superior Court made within twenty (20) days of the appeal decision. 8. Prior to issuing a license all back fees and penalties must be paid. G. General Business License Application; Public Record: 1. General business license applications made to the Finance & Information Services Administrator pursuant to this Chapter shall be public information subject to inspection by all persons except to the extent those records may be deemed to be private or would result in unfair competitive disadvantage to the business enterprise if disclosed as more particularly defined in Chapter 42.17 RCW. 2. It shall be unlawful and a misdemeanor punishable under RMC 1-3-1 for any business enterprise which is required to maintain a general business license to make any false or fraudulent application or false statement or representation in, or in connection with, any such application. H. Rules And Rulings: ORDINANCE NO. 4. Collection: Any license fee or tax due and unpaid and delinquent under this Chapter, and all penalties thereon may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties. 5. Revocation of License: The Finance & Information Services Administrator may revoke any license issued pursuant to this Chapter to any business enterprise or other person who is in default in any payment of any license fee hereunder, or who shall fail to comply with any of the provisions of this Chapter. Notice of such revocation shall be mailed to the license holder by the Finance & Information Services Administrator, and on and after the date thereof any such business enterprise who continues to engage in business shall be deemed to be operating without a license and shall be subject to any and all penalties herein provided. 6. Infraction: It shall be illegal for any business enterprise to fail to obtain or maintain a business license and yet conduct business within the City limits of the City. Such failure to obtain or maintain a business license is hereby declared to be a public nuisance, and the business owner shall be guilty of a civil infraction. 7. Order to Close Business and Appeal: Any Renton police officer or any designee of the Finance & Information Services Administrator may serve a notice ordering a business to close and discontinue operation of any business in the City which has failed to obtain or maintain a business license. That notice may be served in person or by certified mail, return receipt requested. The notice shall indicate that the business is ordered to close until it obtains a currently valid business license. The notice shall also state that the business owner or operator shall have the right to appeal the notice to the Finance & Information Services Administrator or his designee by serving a written notice of appeal on the Finance & Information Services Administrator or his designee within ten (10) calendar days of receipt of a 7 ORDINANCE NO. enterprise from making application for and securing the license required and payment of the license fee when and as due hereunder. E. Time Within Which to Claim Overpayment of License Fee: Whenever a business enterprise makes an overpayment, and within two (2) years after date of such overpayment, makes application for a refund or credit of the overpayment, its claim shall be allowed and be repaid from the general fund or be applied as a credit to annual renewal fees as approved by the Finance & Information Services Administrator. F. Penalties: There shall be a penalty of not less than twenty dollars ($20.00) to reinstate any license revoked through nonpayment. 2. There shall further be a penalty of not less than fifty dollars ($50.00) for failure to obtain a business license, plus payment of all license fee amounts still owing for the last three (3) years, plus a penalty of twenty percent (20%) per annum, for all amounts owing, plus any accounting, legal or administrative expenses incurred by the City in determining the nonreporting, or the unpaid portion over the last three (3) years or in collecting the tax and/or the penalty. 3. Monetary Penalty: Failure to pay the license fee within thirty (30) days after the day on which it is due and payable pursuant to Section 5-5-3.C.7 shall render the business enterprise subject to a penalty of five percent (5%) of the amount of the license fee for the first month of the delinquency and an additional penalty of five percent (5%) for each succeeding month of delinquency, but not exceeding a total penalty of twenty five percent (25%) of the amount of such license fee. on ORDINANCE NO. b. Working Outside City: For any employees whose nominal place of business is within the City limits of the City of Renton, all hours will be presumed to be worked within the City and subject to this fee. Any employee regularly reporting to work within the City limits shall have all of that employee's time subject to this fee, even if portions of the employee's time are spent outside the City of Renton (for example, a realtor or outside salesperson). For an employee normally employed within the City of Renton who, for extended periods of time, reports to work outside the City of Renton, for example, a contractor's employees reporting directly to job sites, then the employer may by affidavit report the number of hours actually worked within the City or the percentage of time within the City based upon one thousand nine hundred twenty (1,920) hours annually and pay the annual license fee based upon those figures. C. Short Term Employment Within City: A Temporary ninety (90) day license may be purchased for twenty-five dollars ($25.00) per FTE. The expiration date of the license shall be ninety (90) days from date of issuance. The Temporary Business License may only be purchased by businesses with 50 or fewer FTE. The license may be renewed at the same fee of twenty-five dollars ($25.00) per FTE for successive ninety (90) day periods. Renewal forms will not be sent to short term Business Licensees. Renewals must be at the request of Licensee. All late fees and penalties apply. 11. Any payment not made within seventy-five (75) days of the due date as defined herein shall be cause for the automatic revocation of the business license. D. Renewal Notice: The Finance & Information Services Administrator is authorized, but not required, to mail to business enterprises forms for application for licenses, but failure of the business enterprise to receive any such form shall not excuse the business ORDINANCE NO. of its quarterly reports to the State Department of Labor and Industries reporting employee hours worked. The businesses that did not file the report may be required to file an affidavit with the City reporting hours worked or the equivalent number of employees. 7. Due Dates: Business License Fees are due one day after the last day of the quarter of the anniversary date of original City application for Business License. 8. Reporting Periods: Business License Fees are calculated for the Reporting Period. The Finance & Information Services Administrator may set quarterly payment schedules and due dates for business license fees on an exceptional basis. Reporting Periods are as follows: Reporting Period 1: Anniversary date of the business's Original Application for a City Business License falls within January 1st through March 31Sc Reporting Period 2: Anniversary date of the business's Original Application for a City Business License falls within April lsc through June 30cn Reporting Period 3: Anniversary date of the business's Original Application for a City Business License falls within July 1st through September 30cn Reporting Period 4: Anniversary date of the business's Original Application for a City Business License falls within October 1" through December 31 st. 9. Expiration: Unless otherwise established by the Finance and Information Services Administrator, a business license shall expire on the last date of its reporting period. 10. Location of Business and Employees: a. Presumption: For purposes of this Ordinance any business operating within the City limits of the City of Renton shall be deemed to have all of its employees working within the City limits of the City of Renton. 4 ORDINANCE NO. equivalent number of employee hours in the upcoming year, the fee may be based on the prior year's hours. ($55.00). 2. There shall be a minimum fee for any annual license of fifty five dollars 3. Renewal Fees: The annual license renewal fee shall be calculated by multiplying the number of hours worked during the Reporting Period and then multiplying that figure by $.029 per hour. This figure will be approximately fifty five dollars ($55.00) per full time equivalent employee per calendar year when based upon one thousand nine hundred twenty (1,920) hours of employment per calendar year. The annual license renewal fee may also be calculated by multiplying the number of Full -Time Equivalent Employees reported by fifty-five dollars ($55.00). 4. At any time during the year that it appears that the number of employees has been under -reported, an additional license fee shall be due. Additional license fees are calculated using the method shown in RMC 5-5-3.C.1 and based on the net difference between estimated fees paid at the time of new license application, and the fees for hours actually worked. Such additional license fee shall be paid to the City at the time of annual renewal. 5. If, at any time, it appears that the number of employees for the year has been under -reported by twenty percent (20%) or more, there shall be a penalty applied to any additional fee owed, equal to twenty percent (20%) per annum of the additional fee, plus any accounting, legal or administrative expense incurred by the City in determining the under- reporting, the amount of the under -reporting or in collecting the tax and any penalty. 6. Each business license holder may be required, by the Finance and Information Services Administrator or his/her designee, to file with the City of Renton, copies ORDINANCE NO. Services Division, a general business license for the current calendar year or unexpired portion thereof. The license shall be nontransferable. B. Issuance of License: 1. All general business licenses shall be issued by the Finance & Information Services Administrator. The Finance & Information Services Administrator shall keep a register thereof. Each license shall be numbered, and shall show the name, place and character of business and such other information as the Finance Administrator shall deem necessary. 2. The license shall at all times be posted in the place of business for which it is issued, or in the case of a business enterprise with a temporary or portable sales location, be carried on the person of the holder thereof at all times during business hours or while such business is being carried on, and shall be displayed at the request of any interested person. 3. When the place of business of a business enterprise is changed, the business enterprise shall return the license to the Finance & Information Services Administrator and a new license shall be issued for the new place of business free of charge. No business enterprise holding a license shall allow any other business enterprise, for whom a separate license is required, to operate under or to display its license. C. License Fee: The general business license fee shall be determined by the number of employees in the City of Renton during the Reporting Period as follows: New License Application Fees: The new license fee shall be calculated by estimating the number of hours to be worked during the upcoming year and then multiplying that figure by $0.029 per hour. For those businesses relocating to Renton and anticipating an 2 11-15-O5 CITY OF RENTON, WASHINGTON ORDINANCE NO. S166 / s/ read ln5 a advane-e, - mwif k and-+ 4na/ reading a669,011,011 /- ?a os AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 5-5-2 AND 5-5-3 OF CHAPTER 5 (BUSINESS LICENSES) OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REVISING THE REQUIREMENTS FOR BUSINESS LICENSES IN THE CITY, ESTABLISHING A SHORT TERM BUSINESS LICENSE, PROVIDING FOR RENEWALS AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. A new definition in Section 5-5-2, Definitions, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: Reporting Period: The full previous twelve months, starting from the first day of the quarter within which the anniversary date of Application for City of Renton Business License falls. SECTION II. Section 5-5-3 of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: 5-5-3 GENERAL BUSINESS LICENSE: A. General Business License Required: Every business enterprise, including those with a temporary or portable sales location, shall first obtain, from the Fiscal 1 ORDINANCE NO. SECTION H. In addition, the City of Renton requires a levy of $514,100 for the purpose of paying debt service on voter approved Bonds for Senior Housing. SEMON M. The total property tax levy for the City of Renton shall be $22,540,800. This increase is inclusive of revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SEC'ION IV. 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 APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1215:11/2/05:ma CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2006 FOR BOTH GENERAL PURPOSES AND FOR VOTER APPROVED BOND ISSUES. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2006; and WHEREAS, the City of Renton, after hearing and duly considering all relevant evidence and testimony presented, determined that the City of Renton requires a regular levy in the amount of $22,026,700, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; and WHEREAS, the City of Renton also has a voter -approved property tax levy for Senior Housing Bonds, and the debt service requirement on those bonds is $514,100 in 2006; and WHEREAS, the City must levy this amount in order to discharge the expected expenses and obligations of the bond; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECMN I. The regular property tax levy is hereby authorized for the 2006 levy in the amount of $22,026,700, which is a percentage increase of 1 percent from the previous year plus amounts for new construction and annexations. PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT November 21, 2005 CET' COUNCIL Date Pre -applications 2006 Comprehensive Plan Review Cycle (November 14, 2005) The Planning and Development Committee recommends concurrence in the staff recommendation to deny the pre -application request 2006-Pre-03 for a Comprehensive Plan map amendment from Residential Low Density to Residential Single -Family for the Perkins property located at 9623 132°d Ave. SE based on the finding that the application is not timely since the Council changed this designation to the current Residential Low Density during the 2004 GMA update to reflect current policies, and the proposed re -designation does not meet the findings in RMC Section 4-9-02OG for further review. The Committee further recommends concurrence in the staff recommendation to approve pre - application request 2006- Pre-01, Chee property, 1315 N. 30'h St., Residential Single -Family (R-8 zoning) to Commercial Neighborhood (CN zoning), 2006-Pre-02, Kinzer property, Kennydale Blueberry Farm, 1733 NE 20th St. Residential Low Density (Resource Conservation Zoning) to Single Family Residential (Residential-8 Zoning) and 2006-Pre-04, Springbrook Associates, Medium Density Residential (R-10) to Corridor Commercial (Commercial Office zoning). These pre - application requests are found to meet one or more of the findings in RMC Section 4-9-020G. To meet the submittal requirements for further review of these requests, these applicants are directed to file complete applications for Comprehensive Plan AIntndments prior to the December 15, 2005 deadline. Upon receipt of these applications, the issues fte referred to the Planning Commission and Planning and Development Committee for review and recommendation during the 2006 Comprehensive Plan review cycle. r� tt-t' d., �' _/ an Clawson, Chair Denis W. Law, Vice Chair 22L�- 7/a, Axe,-C Marcie Palmer, Member cc: Alex Pietsch