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HomeMy WebLinkAboutRenton VAC-95-001 1CITY -)F RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen March 8, 2000 Ms. Sharman Braff Senior Attorney Safeway, Inc. 5918 Stoneridge Mall Road Pleasanton, CA 94588-3229 Re: Lake Avenue South Vacation; File No. VAC-95-001 (Safeway) Dear Ms. Braff: Enclosed for your records is a copy of Ordinance No. 4791, adopted by the Renton City Council on September 13, 2000, and recorded with King County on January 11, 2000, under Recording No. 20000111001489. The ordinance amends Ordinance No. 4714 (also enclosed) which vacated a portion of Lake Avenue South between South 2"d and 3rd Streets. If I can provide additional information or assistance, please feel free to call. Sincerely, Marilyn t rsen City Clerk cc:. Tom Boyns, Property Services Division 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 / FAX(425)430-6516 ® This paper contains 50% recycled material, 20%post consumer ;y CITY '7F RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen March 8, 2000 Dale Walker Walker Renton Subaru 720 Rainier Avenue S Renton, WA 98055 Re: Lake Avenue South Vacation; File No. VAC-95-001 (Safeway) Dear Mr. Walker: Enclosed for your records is a copy of Ordinance No. 4791, adopted by the Renton City Council on September 13, 2000, and recorded with King County on January 11, 2000, under Recording No. 20000111001489. The ordinance amends Ordinance No. 4714 (also enclosed) which vacated a portion of Lake Avenue South between South 2nd and 3`d Streets. If I can provide additional information or assistance, please feel free to call. Sincerely, I Marilyn t rsen m' City Clerk cc: Tom Boyns, Property Services Division 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 / FAX(425)430-6516 ® This paper contains 50% recycled material, 20 % post consumer -11% n From: Thomas Boyns To: Michele Neumann Date: 3/8/00 9:52AM Subject: Vacation; Lake Avenue S My file shows Ms. Sharman Braff, Senior Attorney, Safeway, Inc., 5918 Stoneridge Mall Road, Pleasanton, CA 94588-3229, and, Dale Walker, Walker Renton Subaru, 720 Rainier Avenue S, Renton, WA 98055 as the only parties remaining with an interest in this street vacation. n WHEN RECORDED RETURN TO: Office of the City Clerk Renton City Halt 1055 South Grady Way Renton, WA 98055 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4791 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC.NAC 95-001) AND AMENDING ORDINANCE NO. 4714. WIIEREAS, a proper petition for vacating a portion Lake Avenue South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council by Resolution No. 3139 passed and approved on July 17, 1995, and after due investigation did fix and determine the day of August 21, 1995, at the hour of 7:30 p.m. o in the City Council Chambers of the City of Renton to be the time and place for a public hearing 0 thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council C=� o having considered all information and arguments presented to it; and 0 N WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; and WHEREAS, the City Council adopted Ordinance No. 4714 vacating this right-of-way but now wishes to change the condition imposed as a reason to not charge a fee to vacate this right-of- way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: CERIT16AIt i, the a do'signed, , , ` tarry . ' Clerk of the City of Renton, Wa;siiington, certify that this,is a true land correct copy of oR� �7q7 Subscribed and Seat I this ° da of _. Ci ferk _ 0 0 0 ORDINANCE NO. 4791 SECTION I. The following described street, to wit: (the southerly one third of Lake Avenue South extending south from South 2nd Street to South 3rd Street) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under, and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION 11. Ordinance No. 4714 is amended by changing Section II to read "The City Council hereby elects to charge no fee for vacation of this right-of-way in exchange for a release of liability for any cleanup or related costs any owner of the right-of-way may incur in connection with certain petrochemical contamination suspected to exist in portions of the right-of-way. The adjoining landowners that are to acquire the vacated right-of-way, Safeway Inc. and Seven Motors Corp., will provide the releases in a form acceptable to the City." SECTION iil. This Ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 13tday of September 1 1999. Marilyn J.'PefcAen, City Clerk APPROVED BY THE MAYOR thisl 3th day of September 1999. Jesktanner, Mayor 2 ORDINANCE NO. 4791 Approvedd.j to form: n � Lawrence J. Warren, City Attorney Date of Publication: 1/12/2000 (Summary) ORD.729:08/ 13/98: as. Cr) 0 0 0 0 0 0 EXHIBIT "A" Legal Description: Lake Avenue South Street Vacation That portion of Lake Avenue South, lying within in the cast one-half of Section 18, Township 23 North, Range 5 East, W.M. in Tang County, Washington more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South and the north margin of South 3rd Street; thence N 88040'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, having a radius of 129.15 feet; Thence along the are of said curve and margin, passing through a central angle of 04030'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Lake Avenue South and the True Point of Beginning; ThenceN 71*01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence northeasterly along the arc of said curve and margin, passing through a central angle of 39000'59" a distance of 173.43 feet to an intersection with the southerly line of that portion of Lake Avenue South vacated by Ordinance No. 4640; Thence N 57059'27" W 30.00 feet along said southerly line to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence northeasterly along the arc of said curve, and said southerly line, passing through a central angle of 06°15'45" a distance of 24.56 feet; rn Thence N 64°15'13" W along said southerly line, 30.00 feet, to the northwesterly margin of said Lake m Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet; o Thence southwesterly along the arc of said curve, passing through a central angle of 45°16'44" a distance 0 of 153.86 feet; Thence continuing along said margin S 71*01'31" W 150.15 fee[ to a point of non -radial intersection with a curve, concave to the northeast, the center of which bears N 44°43' 10" E, 129.15. feet distant; . . Thence southeasterly along the are of said curve, passing through a central angle of 38°53'21" a distance of 87.66 feet to the True Point of Beginning. 0 o The above subject to an easement in favor of any existing utilities located within the described vacation o area. N Containing 17,454 square feet, or 0.40 acre, more or less. Q\wpd4epP41c2UU/93 '3AV Noams A i � I I I > am U I I I oc .ov Iv ,vv 6 HI I I Z4 M I I N N _J K I S •3Ab 3Nb) z € �w o `m .oc W I F I y Z U U d U z d Y Y [[Y[ $ Y HInos '3Ab L3IHIYN e - g4 6 c 40 N a E F zi £ p E;. A �S� Yf W na. j4 CITY OF RENTON Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren To: Tom Boyns, Property Services Supervisor From: Lawrence J. Warren, City Attorney Date: October 27, 1998 Subject: Amended Ordinance, Street Vacation VAC 95-001, Lake Avenue South, Safeway In response to your memo of October 26, 1998, I have considered all of the points raised in your memo. I will answer them one by one. 1. The City should obtain an acceptable release before the amending ordinance is passed. I have asked Marilyn to withhold publishing of the ordinance, and filing of it, until we obtain such a release. I have previously negotiated the release language with Safeway. Safeway is going to have to obtain the signature of Seven Motors on the document. 2. By adopting the ordinance and then recording it, public rights are released by operation of law. That is correct and that is why I want the ordinance withheld from publication and filing until we obtain the necessary releases. 3. What is the legal effect of rescinding the prior ordinance? Is there a taking? The street has already been vacated subject to certain terms and conditions. The language of the new ordinance is what has been negotiated with Safeway. The street will remain vacated but the release language will have been changed. Since this has been done at the specific request of one of the benefiting property owners, that party cannot complain. 4. Safeway and Seven Motors should also be required to file their lot line adjustment and have it approved prior to adopting the amending ordinance. My agreement with them is that I will not publish and file the ordinance until such time as the property transaction between Safeway and Seven Motors has been completed. That presupposes filing of the application. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ® This paper contains 50 %recycled material, 20%post consumer n Tom Boyns, Property Services Supervisor 10/27/98 Page 2 5. This matter has been presented three times in the last two months as an emergency correction without concurrence of Safeway, Inc. or Seven Motors, Inc. What is the rush? In fact this change is with the concurrence of Safeway. There is no rush, but I am tired of having this ordinance sit on my desk. At one time it was thought to be an impediment to the development of the Safeway property, and so I spent substantial time trying to arrive at negotiated language. That has been done. 6. You suggest corrected language. I believe my language is preferable as it anticipates not only having ordinance language providing the release, but will also result in a negotiated form of release through a separate document. I would like the extra layer of protection. If I can provide you with any further information please let me know. Oel Lawrence J. Warren LJW:as. cc: Jay Covington A8:149.35. 11l s J. Petersen From: Thomas G. Boyns To: Marilyn J. Petersen Subject: Lake Ave S Street Vacation Date: Friday, October 23, 1998 10:32AM We have reviewed the proposed ordinance rescinding Ordinance No. 4714 and replacing that ordinance, thereby vacating the same portion of Lake Avenue S.. It appears that several conditions of the previous ordinance have not been met and are amended in the new ordinance. It might be better to postpone the adoption of the new ordinance until those conditions have been met. We suggest that Safeway Inc. and Seven Motors Corp present the City with an application for a lot line adjustment and provide the City with the referenced release of any claim, demand, cause of action, contribution or liability for any remediation, cleanup, depreciation or related costs for any cleanup or related costs any owner of the right-of-way may incur in connection with certain petrochemical contamination suspected to exist in portions of the right-of-way. When the City is in receipt of these documents and has approved the lot line adjustment, the ordinance should be re -written to correct the editing errors in Section III and reference the approved lot line adjustment and releases and then be adopted amending the previous ordinance. We see no need for speed to adopt this proposed ordinance. There is an interesting question now in the current condition, without having received the releases required by Ordinance No 4714, has Lake Avenue S. been vacated in fact? If by recording the ordinance this segment of Lake Avenue S was vacated, we are concerned that the City may not have any responsibility to amend or rescind the previous ordinance. It is difficult to understand how the City can vacate City rights in property that the City does not have. The only interest remaining in Lake Avenue S. at this location is the referenced release of liability for petrochemical contamination of the property which the City is to receive. In retrospect, the City should have required these releases prior to adopting the ordinance. Please feel free to request further review at your convenience. Page 1 CITY OF RENTON COUNCIL AGENDA BILL AI #: UBMITTING DATA: Dept/Div/Board.. Legal Staff Contact.. Lawrence J. Warren SUBJECT: Vacation Ordinance for the south half of Lake - Avenue South. EXHIBITS: Draft Ordinance. FOR AGENDA OF: AGENDA STATUS: Consent ......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... I RECOMMENDED ACTION: I APPROVALS: Legal .. Adopt Draft Ordinance. Finance Dept.... Other........... I FISCAL IMPACT: Expenditure Required... None Transfer/Amendment.. Amount Budgeted ........ Revenue Generated... SUMMARY OF ACTION: Lake Avenue South between S. 2nd and S. 3rd was the subject matter of a street vacation. Part way throu the process it was determined that the south half of Lake Avenue South had some petrochemical pollution on The south half of Lake Avenue South was, therefore, withheld from the vacation ordinance until details of t vacation could be worked out. A second street vacation ordinance was adopted when the adjacent own( agreed that they would release the City from liability for the pollution cleanup if the City waived the str( vacation fees. Safeway purchased the property adjoining the east side of the contaminated road right-of-way. Safeway has now worked out an arrangement with the adjoining property owner, the Mazda used car lot, to trade right-of- way to square up property boundaries and to leave the majority of the contaminated street right-of-way in the ownership of the property from whence the leaking gasoline originally came; that is, from the property which had the gas pumps on it that originally leaked. Safeway informed the City that language in the second street vacation ordinance made the trade with the adjoining property difficult. Additionally, the ordinance required a hold harmless from the parties to receive ownership of the vacated right-of-way and the language of that hold' harmless had not been agreed upon. Once the language had been worked out between the City Attorney's office and Safeway, the concept is more a release than hold harmless, and the language in the ordinance did not conform to the language in the negotiated release. Therefore, a new street vacation ordinance has been drafted rescinding the original street vacation ordinance for the contaminated property, and substituting language similar to the release language negotiated between the parties. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC./VAC 95-001) AND RESCINDING ORDINANCE NO. 4714. WHEREAS, a proper petition for vacating a portion Lake Avenue South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council, by Resolution No. 3139 passed and approved on July 17, 1995, and after due investigation did fix and determine the day of August 21, 1995, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; and WHEREAS, the City Council adopted Ordinance No. 4714 vacating this right-of-way but now wishes to rescind that Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 n ORDINANCE NO. SECTION I. The following described street, to wit: (the southerly one third of Lake Avenue South extending south from South 2nd Street to South 3rd Street) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under, and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION H. Ordinance No. 4714 is rescinded. SECTION M. The City Council hereby elects to charge no fee for vacation of this right-of-way in exchange for a release of any claim, demand, cause of action, contribution or liability for any remediation, cleanup, depreciation or related costs _for any cleanup or related costs any owner of the right-of-way may incur in connection with certain petrochemical contamination suspected to exist in portions of the right-of-way, The adjoining landowners that are acquiring the vacated right-of- way by means of this ordinance, Safeway Inc. and Seven Motors Corp., by accepting that right-of- way, do so release the City and in addition will provide written releases in a form acceptable to the City. SECTION IV. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this _ day of Marilyn J. Petersen, City Clerk 1998. P" ORDINANCE NO. APPROVED BY THE MAYOR this _ day of 11998. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 729:10/ 14/98: as. CITY OF RENTON .� Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM To: Marilyn J. Petersen, City Clerk From: Lawrence J. Warren, City Attorney Date: October 21, 1998 Subject: Vacation Ordinance for the South Half of Lake Avenue South 1 am enclosing the original of a new street vacation ordinance that rescinds the old street vacation for the contaminated south half of Lake Avenue South and adopts new vacation language. This has been necessitated because of protracted negotiations with Safeway and the adjoining Mazda used car lot which resulted in an amended approach to the conditions for the vacation. As part of our negotiations the City has agreed to withhold publication and filing of this ordinance until Safeway and the adjoining used car lot have worked out a trade of portions of this right-of- way. Until this ordinance is published and filed, the old street vacation ordinance will still be valid. I really don't know what this gains Safeway or the used car lot, but this was the final step in arriving at agreed language. I will try and remember to contact you when I have been informed that the ordinance is ready to be recorded. If more than three months have gone by and I have not contacted you, please let me know and I will check into the delay. Thanks for your assistance. c� 4-�� Lawrence J. Warren LJW:as. Encl. cc: Jay Covington A8:149.14. tie- .Jd m/ '✓AIKX/ Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ® This paper contains 501/6recycle l material, 20%post consumer V O C j0 C, A- ���¢Z. ammU.3 c � ccaci-Wl m U 3 0.0 ` - J 'm J m O'p U U V TOL m 0 dJ O cCSc m�_q!'-'O- OUOU OON �:C 0UUr 6 0. C ZQZ-L ro ro m„_, O¢O p= �.a53E o' ZWO`U C) -o aw 1D ��n U UUroc m moo, o`=NUU' L Q¢�Eo �mm-�c NT�n Eo rn5. 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TO-c c N m CO h N O o O.N N (D Co o y c O O a U'N w o `p Z Y �O N c Or m m�yc' N 0 L C o r cp C U c c Q N c N O a a7 v1 d a7 N < # a O U O Q Q o N C ,O a5=Lm m N mo O t '� N C E a) E C' a3occia cc c 2 o_ w dm U co O- U n ai -O O m F- o V at 03 O n y � t a CUL E a •jvJ��••:•i a�i 7 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 17, 2000 VRC-95-00/ TO: File #LUA99-089, LLA Safeway/Subaru Lot Line Adjustment CITY OF RENTON FROM: rr Laureen Nicolay JAN 2 0 2000 SUBJECT: Recording Numbers RFCL-IVED CITY CLERK'S OFFICE The recording numbers for the documents are: 20000111900006 Lot Line Adjustment Mylar 20000111001489 Vacation Ordinance #4791 20000111001494 Restrictive Covenants 20000111001492 Easement for Andy's Coffee cc City Attorney City Clerk CITY OF RENTON ram' JAN 1 0 2000 Release of Claims RECEIVED CITY CLERK'S OFFICE This Release of Claims is made as of the Z_, day of October, 1999, by SAFEWAY INC., a Delaware corporation, and DALE WALKER and CHERYL WALKER, husband and wife, and RICHARD M. SNYDER and JEANNE C. SNYDER (collectivEley, "Releasors") in favor of the City of Renton, Washington (the "City"). WHEREAS, pursuant to Ordinance No. 4971, the City of Renton agreed to vacate a portion of Lake Avenue South between South 2nd Street and South 3rd Street (the "Street Vacation"). WHEREAS, it is suspected that certain petrochemical contamination exists in the bed of the vacated right of way (the "Suspected Contamination"). WHEREAS, in consideration of the Street Vacation, and as a condition thereof, Releasors have agreed to execute a Release of Claims in favor of the City. NOW, THEREFORE, Releasors agree as follows: Releasors each hereby release the City, its employees, officers, contractors and agents (collectively, "Agents") for any claim, demand, cause of action, contribution or liabilit for any remediation, cleanup, depreciation or related costs, for any cleanup or related costs either Releasor may incur in connection with the Suspected Contamination. Releasors each hereby further waive any and all claims either may have against the City or any of its Agents under any and all federal, state, county, or municipal statutes or laws now or at any time hereafter in effect, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. 2601 et seq.), and the Occupational Safety and Health Act (29 U.S.C. 651 et seq.), as these laws have been amended or supplemented. 0489rell(08/10/99) 1 Renton WA IN WITNESS WHEREOF, Releasors have executed this Release of Claims as of the day and year first above written. SAFEWAY INC. (a Delaware corporation) By Its By Its Form Approved: C YV Richard M. S Jder anne C. Sny er CCC99�VV 0489rel1(08/10/99) 2 Renton WA CITY OF RENTON. WASHINGTON ORDINANCE NO. 4791 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC.NAC 95-001) AND AMENDING ORDINANCE NO. 4714. WHEREAS, a proper petition for vacating a portion Lake Avenue South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council by Resolution No. 3139 passed and approved on July 17, 1995, and after due investigation did fix and determine the day of August 21, 1995, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it, and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation, and WHEREAS, the City Council adopted Ordinance No. 4714 vacating this right-of-way but now wishes to change the condition imposed as a reason to not charge a fee to vacate this right-of- way, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 11 ORDINANCE NO. 4791 SECTION I. The following described street, to wit: (the southerly one third of Lake Avenue South extending south from South 2nd Street to South 3rd Street) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under, and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION H. Ordinance No. 4714 is amended by changing Section II to read "The City Council hereby elects to charge no fee for vacation of this right-of-way in exchange for a release of liability for any cleanup or related costs any owner of the right-of-way may incur in connection with certain petrochemical contamination suspected to exist in portions of the right-of-way. The adjoining landowners that are to acquire the vacated right-of-way, Safeway Inc. and Seven Motors Corp., will provide the releases in a form acceptable to the City." SECTION III. This Ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 13t4ay of September 1999 Marilyn J. a sen, City Clerk APPROVED BY THE MAYOR thisl 3 th day of September 19�. Jesktanner, Mayor ORDINANCE NO. 4791 Approved to form: Lawrence J. Warren, City Attorney Date of Publication: 1/12/2000 (summary) ORD.729:08/13/98: as. EXHIBIT "A" Legal Description: Lake Avenue South Street Vacation That portion of Lake Avenue South, lying within in the east one-half of Section 18, Township 23 North, Range 5 East, W.M. in King County, Washington more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South and the north margin of South 3rd Street; thence N 88°40'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, having a radius of 129.15 feet; Thence along the are of said curve and margin, passing through a central angle of 04°30'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Lake Avenue South and the True Point of Beginning; Thence N 71°01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence northeasterly along the arc of said curve and margin, passing through a central angle of 39°00'59" a distance of 173.43 feet to an intersection with the southerly line of that portion of Lake Avenue South vacated by Ordinance No. 4640; Thence N 57059'27" W 30.00 feet along said southerly line to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence northeasterly along the arc of said curve, and said southerly line, passing through a central angle of 06°15'45" a distance of 24.56 feet; Thence N 64°15'13" W along said southerly line, 30.00 feet, to the northwesterly margin of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet; Thence southwesterly along the arc of said curve, passing through a central angle of 45° 16'44" a distance of 153.86 feet; Thence continuing along said margin S 71°01'31" W 150.15 feet to a point of non -radial intersection with a curve, concave to the northeast, the center of which bears N 44043' 10" E, 129.15 feet distant; Thence southeasterly along the arc of said curve, passing through a central angle of 38°53'21" a distance of 87.66 feet to the True Point of Beginning. The above subject to an easement in favor of any existing utilities located within the described vacation area. Containing 17,454 square feet, or 0.40 acre, more or less. C:\wor&1cpN&ke2\L63/98 '3AV xonliVHS n R o9u / r n------- ----, rr r r .Of Z rl l a z a 3 U I 00 I I Q z I I I � oC ,Of 48 .99 F h II I I W�W o I F- LL M I F N I _ w •S •3�y o I w ----- o lol > z N Q X W d N Q I W Q I I k Z U wZw F I Y K � I N 0 O Z d Y Yptly p9 .Of ,Of ,99 Q Y 3 HlnOS '3AV 831NIVU b g & 4c � k H N� c ",4a c5 Ed \�h S V CL •. e' M a �S� 1n b p F _ W �g n September 13, 1999 Renton City Council Minutes Page 309 Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the staff recommendation to contract with the Parks: Parks, Rec & Open Beckwith Consulting Group for the purpose of updating the Parks, Recreation Space Comp Plan Update and Open Space Comprehensive Plan. MOVED BY NELSON, SECONDED (Beckwith Consulting) BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Franchise AT&T Cable Community Services Committee Chair Nelson presented a report regarding the Services, Public Access Studio extension of AT&T's deadline for provision of a public access studio. The City's franchise agreement with AT&T (formerly TCI) requires the cable company to provide, equip and operate a public access studio within eight miles of City Hall by a deadline of September 13, 1999. Representatives of six South King County cities (Burien, Tukwila, Renton, SeaTac, Kent and Auburn) have met regularly with representatives of AT&T to discuss various aspects of a proposed public access studio to serve the entire South King County area. In an effort to meet Kent's early deadline of July 1, 1999, AT&T has leased and upgraded office space on S. 228th St. in Kent for use as a public access facility. However, within the past two months, city representatives have discussed the concept of public -education -government (PEG) access, and in order to pursue that goal have contacted officials at local community colleges to solicit interest in a joint use facility. As a result of recent meetings, Highline Community College officials have expressed interest in pursuing a joint proposal for PEG access on their campus. To allow South County cities and Highline Community College the opportunity to explore the proposal for a joint -use PEG access facility, the Community Services Committee concurs in the staff recommendation to extend the AT&T franchise deadline for provision of a public access studio from September 13, 1999 to November 1, 1999. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. City Clerk/Cable Manager Marilyn Petersen added that Renton Technical College has also expressed interest in partnering with cities in operating a PEG access facility. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3409 A resolution was read declaring the Police Annex building surplus, and Parks: Police Annex Building authorizing the Mayor and City Clerk to sign such documents as necessary to Declared Surplus (1010 S. 2nd transfer title. MOVED BY SCHLITZER, SECONDED BY CORMAN, Ave) COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4790 An ordinance was read amending subsections 4-4-080.E and F of Chapter 4, Planning: Off -Street Parking Property Development Standards, of Title IV (Development Regulations) of Regulations in Multi -Family City Code by modifying the off-street parking regulations in the Residential Zones Multi -Family Neighborhood (RM-N), Residential Multi -Family Center (RM-C) and Residential Multi -Family Infill (RM-I) zones. MOVED BY KEOLKER- WHEELER, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #4791 An ordinance was read vacating a portion of Lake Ave. S. between S. 2nd St. Vacation: Lake Ave S (S 2nd to and S. 3rd St. (Safeway, Inc.NAC-95-001) and amending Ord. No. 4714. 3rd), Release of Liability MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT Agreement (Previously Hold THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 9105- _06� 1999 , i Renton City Council Minutes 100�1 Page 297 included: • The final phase of levee construction is being completed as part of the Cedar River Flood Control project. • The annual Kennydale Beach Splash Day event on August 19th attracted approximately 100 participants. • Lifeguards will continue to be on guard at Gene Coulon Memorial Beach Park and Kennydale Back Park through Labor Day (September 6th). • The September 1 st edition of the Renton Reporter will contain the first "Renton Community Calendar." The 16-month calendar begins with the month of September, 1999 and features beautiful full -color photographs, information on special events and activities, and quotes from various community members. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Appointment: Human Rights Mayor Tanner reappointed Vern Nichols, 194 Monterey PI. NE, Renton, 98056, & Affairs Commission to the Human Rights & Affairs Commission for a two-year term expiring on 9/19/2001. Council concur. Parks: Police Annex Building Community Services Department recommended a public hearing be set on (Declared Surplus) 9/13/99 on declaring the police annex building to be surplus to the City's needs. Council concur. Development Services: Forrest Development Services Division recommended acceptance of a Deed of Creste Apts ROW Dedication, Dedication for 30 feet of right-of-way on NE 6th St. east of Duvall Ave. NE as NE 6th & Duvall required for the Forrest Creste Apartments project. Council concur. Fire: Emergency Management Fire Department submitted proposed City of Renton Emergency Management Plan Plan which gives direction and outlines responsibilities in the event of a local or regional disaster. Refer to Public Safety Committee. Vacation: Lake Ave S (S 2nd Legal Department recommended approval of an ordinance amending Ordinance to 3rd), Release of Liability #4714, relating to the vacation of the south half of Lake Ave. S. between S. 2nd Agreement (Previously Hold and 3rd Streets, by substituting language which required a hold harmless Harmless) agreement to instead require a release of liability for any clean-up or related costs in connection with petrochemical contamination in the property. Council concur. Technical Services: Technical Services Division recommended acceptance of a Quitclaim Deed Springbrook Creek Alignment from Drainage District No. 1 of King County to resolve a boundary dispute and & Boundary Correction correct the alignment of Springbrook Creek adjacent to the extension of (Oakesdale at 16th to 19th) Oakesdale Ave. SW from SW 16th to 19th Streets. Council concur. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Council President Parker presented a report regarding Valley Communications' Committee of the Whole new facility update and recommendations. The Committee of the Whole Police: Valley reviewed the status of plans to develop a new Valley Communications (Valley Communications New Facility Com) emergency communications facility. As part of its review, the Committee considered the recommendations of the Valley Communications Administrative Board concerning various issues related to financing and developing the new facility. Subsequent to its review, the Committee recommended that Council ratify the following Valley Communications Administrative Board recommendations: CITY OF RENTON COUNCIL AGENDA BILL UBMITTING DATA: Dept/Div/Board.. Legal Staff Contact.. Lawrence J. Warren SUBJECT: Vacation Ordinance for the south half of Lake - Avenue South. EXHIBITS: Draft Ordinance. RECOMMENDED Adopt Draft Ordinance. FISCAL IMPACT: Expenditure Required... None Amount Budgeted........ OF ACTION: FOR AGENDA OF: AGENDA STATUS: Consent ......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... I APPROVALS: Legal Dept ...... X Finance Dept.... Other........... Transfer/Amendment.. AI Lake Avenue South between S. 2nd and S. 3rd was the subject matter of a street vacation. Part way through process it was determined that the south half of Lake Avenue South had some petrochemical pollution on it. south half of Lake Avenue South was, therefore, withheld from the vacation ordinance until details of the ration could be worked out. A second street vacation ordinance was adopted when the adjacent owners eed that they would release the City from liability for the pollution cleanup if the City waived the street ation fees. Safeway purchased the property adjoining the east side of the contaminated road right-of-way. Safeway has now worked out an arrangement with the adjoining property owner, the Mazda used car lot, to trade right-of- way to square up property boundaries and to leave the majority of the contaminated street right-of-way in the ownership of the property from whence the leaking gasoline originally came; that is, from the property which had the gas pumps on it that originally leaked. Safeway informed the City that language in the second street vacation ordinance made the trade with the adjoining property difficult. Additionally, the ordinance required a hold harmless from the parties to receive ownership of the vacated right-of-way and the language of that hold harmless had not been agreed upon. Once the language had been worked out between the City Attorney's office and Safeway, the concept is more a release than hold harmless, and the language in the ordinance did not conform to the language in the negotiated release. Therefore, a new street vacation ordinance has been drafted rescinding the original street vacation ordinance for the contaminated property, and substituting language similar to the release language negotiated between the parties. August 23, 1999 e"N, Renton City Council Minutes roq� Page 299 scale. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning & Development Committee Chair Keolker-Wheeler presented a report Committee regarding proposed changes to the Comprehensive Plan amendment process. Comprehensive Plan: Annual The Committee reviewed the proposed changes on July 22nd and August 12th, Amendment Review Process and recommended approval of these amendments as shown on the document titled "Draft 4, July 1, 1999". The recommended changes are summarized as follows: 1. The filing deadline for amendments for the following year be changed to December 15th; 2. An optional pre -application review and authorization to proceed process be established at the City Council level; and 3. Review criteria be established for Comprehensive Plan amendments, and existing review criteria for rezones be specified for the Hearing Examiner and Planning Commission review processes. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following ordinances were presented for first reading and referred to the RESOLUTIONS Council meeting of 9/13/99 for second and final reading: Planning: Off -Street Parking An ordinance was read amending subsections 4-4-080.E and F of Chapter 4, Regulations in Multi -Family Property Development Standards, of Title IV (Development Regulations) of Zones City Code by modifying the off-street parking regulations in the Residential Multi -Family Neighborhood (RM-N), Residential Multi -Family Center (RM-C) and Residential Multi -Family Infill (RM-I) zones. MOVED BY KEOLKER- WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/99. CARRIED. Vacation: Lake Ave S (S 2nd An ordinance was read vacating a portion of Lake Ave. S. between S. 2nd St. to 3rd), Release of Liability and S. 3rd St. (Safeway, Inc.NAC-95-001) and amending Ord. No. 4714. Agreement (Previously Hold MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, Harmless) pIs I COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/99. CARRIED. Building: Junk Vehicles & An ordinance was read amending Sections 6-1-2 of Chapter 1, Abandoned Vehicle Parts, Clean-up on Vehicles, and 6-14-2 of Chapter 14, Litter, of Title VI (Police Regulations), and Private Property subsection 10-5-2.B.2 of Chapter 5, Impoundment and Redemption of Vehicles, of Title X (Traffic) of City Code relating to warrants for entry upon private property to remove junk vehicles and vehicle parts. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/99. CARRIED. Councilman Corman suggested that the Administration make a special effort to publicize this ordinance so that residents aren't first informed of its existence when a Code Enforcement Officer contacts them about the presence of a junk vehicle or vehicle parts on their property. NEW BUSINESS MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL SET A Human Services: 2000 CDBG PUBLIC HEARING ON 9/20/99 TO TAKE TESTIMONY REGARDING THE and General Fund Allocations RECOMMENDED ALLOCATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND GENERAL FUND HUMAN SERVICES GRANTS IN 2000. CARRIED. Y4 : \\ POSTAL SERVICE :PS FORM 3547 ��:.. . 3 /�$f:� \ \two mWx � >00 00 \ -( 3. .ac . . »./: y \ / �' \\ \/..qN m ¢ � c ¢ LrI O � WHTI RECORDED RETURN TO: \011ngRtlt/gq f Office of the City Clerk A Renton Municipal Building �p��y 0' 200 Mill Avenue South Renton, WA 98055 V 1 a� CERTIFICATE t, the under signed, EI,T9' Clerk of the TED S�Qq, ��� City of iieotou, N'3shington, certify that this is a true .••..nmtp01anJcorrect copy of OtZD• Subscribed and Seale is�day / I 9yr CITY OF RENTON, WASHINGTON Y LWI ORDINANCE NO. 4714_ ,A AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A y^,J PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC./VAC 95-001). Q WHEREAS, a proper petition for vacating a portion Lake Avenue `f South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition MJ having been signed by the owners representing more than two-thirds vi (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council by Resolution No. 3139 passed and 0 approved on July 17, 1995, and after due investigation did fix and , determine the day of August 21, 1995, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and 0 w �— place for a public hearing thereon, and the City Clerk having given g due notice of such hearing in the manner provided by law, and a ll c persons having been heard appearing in favor or in opposition s 0 w thereto, and the City Council having considered all information and s arguments presented to it; and 2 WHEREAS, the Hoard of Public Works of the City of Renton having .z,. duly rom:idercd sn id petition for said vacar.iou, and hawing Ionnd Y z a same to bR 'in the public interest and for the public benefit, and no o injury or damage to any person or properties will result from such 0 `u ti vacation; 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RR!JTOII, �-. ti o WASHINGTON, DO ORDAIN AS FOLLOWS: oJ N Y O m Ol 9 ORDINANCE NO. 4714 SECTION I. The following described street, to wit: South south southerly from South 2ndthird of Lake Street to South Avenue extending Street) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under, and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION II. The City Council hereby elects to charge no fee for vacation of this right of way in exchange for and on condition that the petitioners clean up the petrochemical pollution on the premises and hold the City of Renton harmless therefrom. {n SECTION III. This Ordinance shall be effective upon its Opassage, approval, and thirty days after its publication. (� A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 6th day of April 1998. Marilyn J. €e ersen, City Clerk APPROVED BY THE MAYOR this 6th day of April- / 1998. Je ),e�ianne � yo Approved to fo Lawre ce J. Warret .City Attorney Date of Publication:--4/10/98 .(Summary) ORD.708:03/11/98:as. Legal Description: Lake Avenue South Street Vacation That portion of Lake Avenue South, lying within in the east one-half of Section 18, Township 23 North, Range 5 East, W.M. in King County, Washington more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South and the north margin of South 3rd Street; thence N 88°40'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, haying a radius of 129.15 feet; Thence along the arc of said curve and margin, passing through a central angle of 04°30'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Lake Avenue South and the True Point of Beginning; Thence N 71*01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence northeasterly along the arc of said curve and margin, passing through a central angle of 39°00'59" a distance of 173.43 feet to an intersection with the southerly line of that portion of Lake Avenue South vacated by Ordinance No. 4640; Thence N 57°59'27" W 30.00 feet along said southerly line to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence northeasterly along the arc of said curve, and said southerly line, passing through a central angle of 06°15'45" a distance of 24.56 feet; L� Thence N 64°15'13" W along said southerly line, 30.00 feet, to the northwesterly margin of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet; O C Thence southwesterly along the arc of said curve, passing through a central angle of 45°16'44" a distance of 153.86 feet; TrThence continuing along said margin S 71°01'31" W 150.15 feet to a point of non -radial intersection C) with a curve, concave to the northeast, the center of which bears N 44°43' 10" E, 129.15 feet distant; Thence southeasterly along the arc of said curve, passing through a central angle of 38°53'21" a distance of 87.66 feet to the True Point of Beginning. The above subject to an easement in favor of any existing utilities located within the described vacation area. Containing 17,454 square feet, or 0.40 acre, more or less. CAwoM%cg.NAe2\t03198 •3nr LlN O C) x m IK CITN7 OF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen June 22, 1998 Mr. Mitch Johnson Safeway, Inc. 1000 124th Avenue NE, Suite 201 Bellevue, WA 98015-8501 Re: Lake Avenue South Street Vacation; VAC-95-001 (Safeway) Dear Mr. Johnson: Enclosed is a copy of Ordinance No. 4714, recorded in King County under Recording No. 9804220125 on April 22, 1998. The document will serve as the deed to the referenced property. If I can provide additional information or assistance, please feel free to call. Sincerely, Marilyn J. e e en City Clerk cc: Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2501 / FAX(425)235-2513 0 This paper contains 50 % recycled material, 20%post consumer ;y CIT'v OF RENTON "LL City Clerk Jesse Tanner, Mayor Marilyn J. Petersen June 22, 1998 Mr. Dale Walker K-S Partnership dba Sound Suburu 720 Rainier Avenue S. Renton, WA 98055 Re: Lake Avenue South Street Vacation; VAC-95-001 (Safeway) Dear Mr. Walker: Enclosed is a copy of Ordinance No. 4714, recorded in King County under Recording No. 9804220125 on April 22, 1998. The document will serve as the deed to the referenced property. If I can provide additional information or assistance, please feel free to call. Sincerely, Marilyn J. t rsen City Clerk cc: Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2501 / FAX(425)235-2513 IS This paper contains 5 % recycled material. 20%post consumer CIT'v OF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen June 19, 1998 Mr. Gary Smith 108 S. 3rd Street #3 Renton, WA 98055 Re: Lake Avenue South Street Vacation; VAC-95-001 Dear Mr. Smith: Enclosed is a copy of Ordinance No. 4714, recorded in King County under Recording No. 9804220125 on April 22, 1998. The document will serve as the deed to the referenced property. If I can provide additional information or assistance, please feel free to call. Sincerely, Marilyn J. e e en City Clerk cc: Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2501 / FAX(425)235-2513 0 This paper contains 50 %recycled material, 20%post consumer April 6, 1998 Renton City Council Minutes Page 120 and SW Victoria Street. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution 03318 A resolution was read approving the issuance of tax-exempt variable rate EDNSP: Puget Sound demand industrial revenue bonds of the King County Economic Enterprise Blood Bank & Program Corporation for the benefit of Puget Sound Blood Center and Program Tax -Exempt Bonds pursuant to RCW 39.84.060. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 4/13/98 for second and final reading: Planning: Shoreline Master An ordinance was read repealing Ordinance No. 4695 and adopting Program Amendments amendments to the Shoreline Master Program. MOVED BY KEOLKER- WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/13/98. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4714 An ordinance was read vacating the southerly one-third of Lake Ave. S. Vacation: Lake Ave S extending south from S. 2nd to S. 3rd Streets (Safeway, Inc./VAC-95-001). (Safeway/VAC-95-001) MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4715 An ordinance was read amending Chapter 31, Zoning Code, of Title IV EDNSP: CD Zone Changes (Building Regulations) of City Code relating to gas stations, vehicle service, re Gas Stations, Vehicle mini -marts, and related uses, adding or modifying definitions related to those Service etc. uses, adjusting land use allowances for those uses in commercial and industrial zones, and clarifying landscaping and screening requirements in the commercial and industrial zones when abutting other described uses. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. EXECUTIVE SESSION MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 60 MINUTES TO DISCUSS PROPERTY ACQUISITION. Time: 8:35 p.m. The meeting was reconvened at 9:37 p.m.; roll was called; all Councilmembers present. ADJOURNMENT MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:38 p.m. MARILYN ERSEN, CMC, City Clerk Recorder: Brenda Fritsvold 4/06/98 CITY OF RENTON, WASHINGTON Oyr 9S 6)01 ORDINANCE NO. 4714 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC./VAC 95-001). WHEREAS, a proper petition for vacating a portion Lake Avenue South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council by Resolution No. 3139 passed and approved on July 17, 1995, and after due investigation did fix and determine the day of August 21, 1995, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO. 4714 SECTION I. The following described street, to wit: (the southerly one third of Lake Avenue South extending south from South 2nd Street to South 3rd Street) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under, and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION II. The City Council hereby elects to charge no fee for vacation of this right of way in exchange for and on condition that the petitioners clean up the petrochemical pollution on the premises and hold the City of Renton harmless therefrom. SECTION III. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 6th day of April 1 1998. Marilyn ersen, City Clerk APPROVED BY THE MAYOR this 6th day of April 1998. Je e Tanner, Mayor Approved to fo �lwrtf�-i../ Lawre ce J. Warre City Attorney Date of Publication: 4/10/98 (Summary) ORD.708:03/11/98:as. 2 Legal Description: Lake Avenue South Street Vacation That portion of Lake Avenue South, lying within in the cast one-half of Section 18, Township 23 North, Range 5 East, W.M. in King County, Washington more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South and the north margin of South 3rd Street; thence N 88°40'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, having a radius of 129.15 feet; Thence along the arc of said curve and margin, passing through a central angle of 04°30'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Lake Avenue South and the True Point of Beginning; Thence N 71*01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence northeasterly along the arc of said curve and margin, passing through a central angle of 39000'59" a distance of 173.43 feet to an intersection with the southerly line of that portion of Lake Avenue South vacated by Ordinance No. 4640; Thence N 57059'27" W 30.00 feet along said southerly line to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence northeasterly along the arc of said curve, and said southerly line, passing through a central angle of 06015'45" a distance of 24.56 fee[; Thence N 64°15'13" W along said southerly line, 30.00 feet, to the northwesterly margin of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet; Thence southwesterly along the arc of said curve, passing through a central angle of 45°16'44" a distance of 153.86 feet; Thence continuing along said margin S 71*0F31" W 150.15 feet to a point of non -radial intersection with a curve, concave to the northeast, the center of which bears N 44'43' 10" E, 129.15 feet distant; Thence southeasterly along the arc of said curve, passing through a central angle of 38°53'21" a distance of 87.66 feet to the True Point of Beginning. The above subject to an easement in favor of any existing utilities located within the described vacation area. Containing 17,454 square feet, or 0.40 acre, more or less. CAwordVegaNaka2V63P98 3Atl N�f7lltlHS r R i n F - - - - - - - ---� i } Q W Of ,Of 19 '99 hQ- V1 � I Nww F W M VI N m _J h Jr a � — Z W5i N K U W vi ¢ s. of Y 3 Hinos '3Atl 831Niv.4 + s a c M. a D- m J o. 0 O 3 9 m 3 m N= 0 OZ c O Cl)O O -, CDD m 33 Q $_ omco 33 Q O O. Q O. N m O. O N A C J N cr N m M a == (D m m`0a m F m 01 o A n J �O m M o N, O _ fD O N (dp C^ M'O� C w= D as O a J O'a O: N O CDfD CD coF Q a a o 3D m o Cl m a m a CL o0 -0 -- 0 CD m�� CDi oCD o. >• a CD (p m J o (D �o.V m m m - m ? o $ o 3 a x CD 0+ 5- o m O a= O. -0m a. F N J a = m m m o d F m 0 6 CL J C f � CD N or Q= N 10 CD' K ^ j 0)X m 0 n c 0- Q Q? co M c m m QJ a a s o o J 3 C m M J CD a 3 � QE wo .oa N G CD C J m cn N a0 N 1ry J' N O O N (T1 J N C 3 m n C�o`o X m O 0 0 0 y c J ? 0 m m QK O O 0 w _n CEr N R K o v�ON AC -ON' m oo mn n' o m o ox a' O o a m O F o o o m¢ - mm� m Nmm �n3 .p. -.mm onmnm mp¢$my sgp � m ?,M- 5 `�.cmgomi� M.0M O m_ ��m p? o0a'o'o0 `p m�aSo °'mo A QQ c g��'m.o nm" 'm ?n m,-i�30 nm'<`od -¢F_ m o� J nO�mm X NN C p mm 3- Zm mil - m 00=Otp O'79 v goNQ o m3a 3. mmo_mnOo COOOm�m�m<m m� c ym oo- m'3 -' m�T ?. ;.o �MOZ& W3:-<o0 >•�'--1 On 3 Fo MmNma0Z o > mm0my _ oS3�omm me-. _, o3mo m20< c at ;a m-. 'mmm o:�a� 5M m3O��n m3--n11Z0 p cnm ¢_n'O O.>>anzm mm�m om2 mNrm >-m o'3<2J o m,me cmc�m'cn m•2 `°,a m'�O :<>•ma n0 orm Otmn-ZI N.=c mm nn fp3 j.J'00 0 ACT ^. �.S. � N n ammo A op ZOZ m11oo D �ycp p FO <�nreom aam a cd v w' mmp mmm mom�>> oo yob Ym m >Oa�? t�- Gyp n O O S m? 7 y , N a c K 0 0 3 0 J O .drl m CD J N N N N 0 r coo m C� (D March 23, 1998 Renton City_Council Minutes Page 104 Comprehensive Plan: 1998 Economic Development, Neighborhoods and Strategic Planning Department Amendments submitted proposed 1998 Comprehensive Plan amendments. Refer to Planning Commission and Planning & Development Committee. Plat: Whispering Pines, Hearing Examiner recommended approval, with conditions, of the Whispering Preliminary, Jones Ave Pines preliminary plat; 11 single family lots on 2.8 acres located at 2612 Jones NE, PP-97-135 Ave. NE (File No. PP-97-135). Council concur. Vacation: Lake Ave S Technical Services Division submitted request from the petitioner for the Lake (Safeway/VAC-95-001) Ave. S. street vacation (Safeway, Inc./VAC-95-001), located between S. 2nd and 3rd Streets, that the balance of the right-of-way be formally approved by Council without further costs or fees. Council concur. (See page 108 for ordinance.) CAG: 98-, Mosquito Surface Water Utility Division recommended approval of Whitworth Pest Abatement Services, Control, Inc., as sole source provider for pest control consultant services Whitworth Pest Control needed for the 1998-1999 mosquito abatement program, and requested approval of contract in the amount of $19,909 for 1998 services. Refer to Utilities Committee. Transportation: Commute Transportation Division submitted proposed changes to the Commute Trip Trip Reduction (CTR) Reduction (CTR) ordinance to incorporate recent legislative and administrative Ordinance Changes changes to the State's CTR program. Refer to Transportation Committee. Lease: Cedar River Transportation Division recommended approval of lease agreements with the Hangar Agreements for Cedar River Hangar Limited Partnership to lease space for the purpose of Outdoor Aircraft Storage outdoor aircraft storage; and further requested authorization to execute future month -to -month leases for individual storage units within the City -owned hangar and for leases of airport property for the exclusive purpose of outdoor aircraft storage. Refer to Transportation (Aviation) Committee. CAG: 96-055, Corrosion Water Utility Division requested approval of Addendum #8 to CAG-96-055, Control Facilities Control contract with Economic and Engineering Services, Inc., for programming of Systems & Telemetry new control systems and telemetry system components for the corrosion System, Economic & control facilities project, at a cost of $68,753.92. Council concur. Engineering Services MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEMS 8.a. AND 8.b. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration City Clerk reported bid opening on 3/13/98 for CAG-98-021, New City Hall CAG: 98-021, New City Cabling Infrastructure (Low Voltage Wiring); nine bids; project estimate Hall Cabling $250,000; and submitted staff recommendation to award the contract to the Infrastructure (Low low bidder, EZ Interface, in the amount of $223,-I6&.66 $219,850.93. Voltage Wiring), EZ Interface CAG: 98-025, New City City Clerk reported bid opening on 3/13/98 for CAG-98-025, New City Hall Hall Active Electronics Active Electronics (Voice and Data Infrastructure); three bids; project estimate (Voice & Data $1,050,000; and submitted staff recommendation to award the contract to the Infrastructure), GTE lowest responsive bidder, GTE, in the amount of $989,-I46-.34 $962,280.43. Noting that the lower bid award amounts were made possible by the selection of less expensive alternatives, it was MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN AWARDING THESE CONTRACTS AS RECOMMENDED. CARRIED. _fY OF RENTON COUNCIL AGENDA —LLL AI#: Submitting Data: Planning/Building/Public Works For Agenda of-. 3/23/98 DepvDivtBossd.. Planning and Technical Services Agenda Status Statreonuct...... Tom Boyns 277-6209 Consent .............. X Public Hearing... Subject: Street Vacation Petition, VAC 95-001; Lake Avenue S. Correspondence.. Ordinance ............. Revolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions....... ORD(Nn,VM Infotmstion......... Recommended Action: Appmvals: Council Concur regal oept......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... None Tnnafer/Amendmem....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The City Council approved the vacation of Lake Avenue S following the public hearing. On October 28, 1996 by Ordinance No. 4640, the northerly two-thirds of the right-of-way under petition was vacated. Because the southerly portion is impacted by petrochemical contamination the petitioner requested and was granted an extension to resolve the pertinent issues. Those issues have been resolved and petitioner requests the balance of the right-of-way be vacated and that the City waive all costs and fees for this process. STAFF RECOMMENDATION: Grant the petitioner's request and vacate the balance of the right -of --way as petitioned without further costs or fees. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 4, 1998 TO: Bob Edwards, Council President Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator 6, Z STAFF CONTACT: Tom Boyns, 6209 SUBJECT: Street Vacation, VAC-95-001; Lake Avenue South ISSUE: The petitioner requests the balance of the right -of --way be vacated and that the City waive all costs and fees for this process. RECOMMENDATION: The Planning/Building/Public Works Department recommends that the City Council grant the petitioner's request to vacate the balance of the right -of --way as petitioned without further costs or fees. BACKGROUND SUMMARY: The City Council approved the vacation of a portion of Lake Avenue S as petitioned following the public hearing. On October 28, 1996 by Ordinance No. 4640, the northerly two-thirds of the right- of-way under petition was vacated. Because the southerly portion is impacted by petrochemical contamination the petitioner requested and was granted a series of extensions to resolve the pertinent issues. Those issues include a determination of actions required for remediation, an estimate of the costs to perform the cleanup, how the costs may be shared, and the impact of those costs on the planned site development. Those issues have been resolved privately between the petitioners. March 4, 1998 Page 2 Safeway has elected to proceed with the site development and the petitioners request the balance of the right-of-way be vacated further requesting that the City waive all costs and fees for this process. City staff has reviewed the record to attempt to calculate the value of property impacted by petrochemical contamination. In most cases the costs associated with remediation exceed the value of the land. CONCLUSION: The value to the City of having this site cleaned and redeveloped far exceeds any other compensation which might be calculated. CAwor&oWac951isltgb3/98 Legal Description: Lake Avenue South Street Vacation That portion of Lake Avenue South, lying within in the east one-half of Section 18, Township 23 North, Range 5 East, W.M. in King County, Washington more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South and the north margin of South 3rd Street; thence N 88040'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, having a radius of 129.15 feet; Thence along the arc of said curve and margin, passing through a central angle of 04°30'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Iake Avenue South and the True Point of Beginning; Thence N 71'01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence northeasterly along the are of said curve and margin, passing through a central angle of 39100'59" a distance of 173.43 feet to an intersection with the southerly line of that portion of Lake Avenue South vacated by Ordinance No. 4640; Thence N 57059'27" W 30.00 feet along said southerly line to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence northeasterly along the arc of said curve, and said southerly line, passing through a central angle of 06° 15'45" a distance of 24.56 feet; Thence N 64°15'13" W along said southerly line, 30.00 feet, to the northwesterly margin of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet; Thence southwesterly along the arc of said curve, passing through a central angle of 45°16'44" a distance of 153.86 feet; Thence continuing along said margin S 71*01'31" W 150.15 feet to a point of non -radial intersection with a curve, concave to the northeast, the center of which bears N 44°43' 10" E, 129.15 feet distant; Thence southeasterly along the arc of said curve, passing through a central angle of 38°53'21" a distance of 87.66 feet to the True Point of Beginning. The above subject to an easement in favor of any existing utilities located within the described vacation area. Containing 17,454 square feet, or 0.40 acre, more or less. CAwonNcg&Makcz\tnsroa �-3AV N�nllVHS ------- n ---� / � z 3m I I I > 3 I Qo � U i 0 K Of ,Of 19 .99 Q F I I CWWC r 01 M W I — l z J S '3A V uh 3Nq� o a W------ a ______ r� _ ti 4T. p m C L]I > Q U N I p U VI z Q a o T .Of 4 X U Q m S (Qi9 W Z Z I J Z O O U Z w V) OF U p Z a V) gg d 7 3 Y � a _ Hlnos •3AVa3�HIVa _ c al V) 5 a 16 8 V� W 9'4 1Q •'1 F CL o, A >r r 8 B I1�2 m N Q _ Q p N W c c �g March 23 1998 Renton City Council Minutes Page 108 Transportation: Downtown Transportation (Aviation) Committee Chair Schlitzer presented a report Transit Hub Final Design regarding the downtown transit center's final design process. Previous transit Process center work has focused on developing an operational schematic, and the Council approved moving forward with a "T" layout. The transit center is now moving into the full design phase, which will specifically delineate architectural features and roadway features. The Committee reviewed the proposed approach for developing the final design for the downtown transit center. This approach, which includes input and reviews by both the public and government agencies, leads directly to the preparation of plans, specifications and estimates (PS&E), and construction bid documents. The Committee has reviewed the process for developing a final design for the transit center, and recommended approval of the approach. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3315 A resolution was read authorizing the Mayor and City Clerk to enter into an Public Works: East Side interlocal agreement with the City of Kent to conduct fisheries restoration Green River Watershed projects in the East Side Green River Watershed. MOVED BY SCHLITZER, Fishery Enhancement, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS City of Kent, CAG-98- PRESENTED. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 4/06/98 for second and final reading: Vacation: Lake Ave S An ordinance was read vacating a portion of Lake Ave. S. between S. 2nd and (Safe way/VAC-95-001) 3rd Streets (Safeway, Inc./VAC-95-001). MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/06/98. CARRIED. EDNSP: CD Zone Changes I An ordinance was read amending Chapter 31, Zoning Code, of Title IV re Gas Stations, Vehicle (Building Regulations) of City Code relating to gas stations, vehicle service, Service etc. mini -marts, and related uses, adding or modifying definitions related to those uses, adjusting land use allowances for those uses in commercial and industrial zones, and clarifying landscaping and screening requirements in the commercial and industrial zones when abutting other described uses. MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/06/98. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4709 An ordinance was read revising the 1998 annual budget by increasing certain Budget: 1998 expenditure allowances in the 1998 budget of various city funds by Carryforwards and appropriation, re -appropriation, and transfer from various funds, and creating Adjustments a special hotel -motel excise tax fund, all by a vote of the City Council. Revised total 1998 expenditures: $39,348,389. MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4710 An ordinance was read changing the zoning classification of approximately Rezone: Valley Medical 30.42 acres located at 400 S. 43rd St. from P-I (Public Use) to Commercial Center North Campus Office (CO) for the 'valley Medical Center north campus property. MOVED Rezone to CO BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE n W October 13 1997 Renton City Council Minutes Pape 330 City Clerk: Quarterly City Clerk submitted Quarterly Contract List for July 1 to September 30, Contract List, 7/97 to 1997; 51 contracts executed totaling $5,070,979.57. Information. 9/97 City Clerk: 1997 Primary City Clerk submitted Certification and Official Canvass of 1997 Primary Election Certification and Election results, as follows: Council Position No. 6 - Chris Clifford (1,666, Official Canvass nominated); Charles W. Doyle (763); Tim Schlitzer (1,990, nominated). Information. Finance: Assistant Finance Finance and Information Services Department requested permission to hire the Director Step Change Assistant Finance Director at Step D rather than Step C of the salary range. Refer to Finance Committee. (See page 331 for Finance Committee report.) Legal: Rented or Leased Legal Department recommended adoption of ordinance prohibiting theft of Property Theft and State rental, leased, or lease -purchased property, repealing the section addressing Litter Law Adoption failure to deliver leased personal property, and adopting the State litter law. Refer to Public Safety Committee. Vacation: Lake Ave S Planning and Technical Services Division recommended approval of the (Safeway/VAC-95-001) request from Richard Wagner, Baylis Brand Wagner, 10801 Main St., Bellevue, 98004, to extend the matter of the Lake Ave. S. street vacation (VAC-95-001) to April 6, 1998, to allow time for resolution of issues related to the contamination of this site. Council concur. CAG: 97-057, 1997 Street Transportation Division submitted CAG-97-057, 1997 Street Overlay project; Overlay Project, MA and requested approval of the project, authorization for final pay estimate in Segale the amount of $27,296.82, commencement of 60-day lien period, and release of retained amount of $19,494.79 to M.A. Segale, Inc., contractor, if all required releases are obtained. Council concur. Utilities: Renton Crown Utility Systems Division submitted proposed interlocal agreement with the Development Sanitary Bryn Mawr/Lakeridge Water and Sewer District for the provision of sanitary Sewer Service (800 Rainier sewer service to the Renton Crown development, located in the 800 block of Ave S), Agreement Rainier Ave. S. Refer to Utilities Committee. w/Bryn Mawr/Lakeridge MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the Mayor's appointment of Rosemary Committee Quesenberry to the Planning Commission, to complete the unexpired term of Appointment: Planning Kenneth Cameron, who resigned (term to expire June 30, 1998). The Commission Commission also recommended concurrence in the Mayor's appointment of Rose Anne Jacobs to the Planning Commission, to complete the unexpired term of George F. Mehrens, who resigned (term to expire January 31, 2000). MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Corman presented a report Committeee regarding the proposal from the Downtown Renton Association (DRA) EDNSP: DRA Lease for regarding parking in the downtown. The DRA requested permission to lease Employee Parking at S 4th City -owned property at the corner of 4th and Burnett for downtown employee St & Burnett Ave S parking. The Association also recommended changing the parking spaces on (LAG-), Increase Parking Third Ave. from one to two hour parking and adding "Customer Parking on 3rd Ave S from One to Only" to the signage, and that the City explore the concept of a program of Two Hours tiered parking fines for repeat parking offenders. Outstanding issues include parking enforcement, insurance/liability, lighting, change in parking time restrictions on Third, and two other DRA suggestions. / Y OF RENTON COUNCIL AGENDA .L Submitting Data: Planning/Building/Public Works Depvniv/Board.. Planning and Technical Services Staff Contact...... Tom Boyns Subject: Street Vacation Petition, VAC 95-001, Lake Avenue S. Exhibits: Letter Request to Extend Resolution of Site Contamination Issue For Agenda of: 10/13/97 Agenda Status Consent .............. X Public Hearing... Correspondence.. Ordinance............. Resolution............ Old Business........ New Business....... Study Sessions....... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... None Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The City Council approved the vacation of Lake Avenue S following the public hearing. The appraisal was accepted and on October 7, 1996 Council allowed the northerly two-thirds of the right-of-way to be vacated. Because the southerly portion is impacted by petrochemical contamination the petitioner requested and was granted an extension for one year to resolve the pertinent issues. The issues are complex. It has taken more time to address them than the time allotted and the petitioner requests an additional 180 days to complete this process. 114tn0 2 11xaeuta1 t.1_01T11Vri.n Staff recommends that the City Council extend this matter as requested until April 6, 1998. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: September 29, 1997 TO: Kathy Keolker-Wheeler, President Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Tom Boyns, 6209 SUBJECT: Street Vacation Petition, VAC 95-001, Lake Avenue S ISSUE: The petitioner requested an additional 180 days to complete this matter. RECOMMENDATION: Staff recommends that the City Council extend this matter as requested until April 6, 1998. BACKGROUND: The City Council approved the vacation of Lake Avenue S following the public hearing. The appraisal was accepted and on October 7, 1996 Council allowed the northerly two-thirds of the right- of-way to be vacated. Because the southerly portion is impacted by petrochemical contamination the petitioner requested and was granted an extension for one year to resolve the pertinent issues. The issues are complex. It has taken more time to address them than the time allotted and the petitioner requests an additional 180 days to complete this process. ARCHITECTS September 22, 1997 Renton City Council 200 Mill Avenue South Renton, WA 98055 Staff Contact: Tom Boyns RE: Safeway - Lake Avenue South Street Vacation JOB NO.: 93-1220 Subject: VAC-95-001 Dear Mr. Boyns: On behalf of Safeway, Inc., I request an extension of the referenced vacation for an additional 180 days. In 1996, the City Council approved the vacation of the northern two-third's of the application. By September of 1996, the adjacent property owners abutting the northern two-third's had paid for their portions and I understand the vacation was consummated. As I am sure you remember, the southern one-third of the right-of-way (that area passing between the Frame Shop and the Subaru Dealership) was not vacated by the City nor purchased by the adjacent property owners, because the area has hydro- carbon contamination. To allow time to further investigate this existing condition, Council granted a I -year extension of the approved vacation at their regular meeting of October 7, 1996. For the last year, Safeway has continued to work with the adjacent property owners to develop an affordable mitigation program for the contaminated portions of the site. Numerous alternatives have been considered and much engineering and analysis has been accomplished. However, an actual affordable strategy has not yet been adopted. Recognizing that Safeway still wishes to see this portion of the right-of-way vacated, and that the City remains committed to vacate, Safeway requests a 6-month extension of the current vacation ordinance so that hazardous materials mitigation can be addressed. ASSOCIATES Kent Pearce, AIA PRINCIPALS Planning • Architecture • Interiors Mitch Yockey, ALA n Bay°:, AIA 10801 Main Street • Bellevue, Washington 98004 Johan Wchsingep ALA Brian Brand. AIA Susan Christo(ides, SDA Richard L. Wagner, ALA FAX (425) 453-801 3 Robert B. Reed, ALA Thomas Frye, Jr_ ALA (425) 454-0566 Guy Peckham, AIA rN Renton City Council/.V 3oyns September 22, 1997 Page 2 If we can provide any further information, please don't hesitate to call. Sincerely, RAND WAGNER ARCHITECTS, INC. L. Mitch Johnson - Safeway, Inc. Marty Jouflas - Safeway, Inc. RLW:amp '3AV HJn11VNS /© 'S '3AV N31NIVN (, : OF RENTON COUNCIL AGENDA I L Submitting Data: Planning/Building/Public Works DepuDiwBoard.. Planning and Technical Services Staff contact...... Tom Boyns Subject: Street Vacation Petition, VAC 95-001, Lake Avenue S. Exhibits: Letter Request to Extend Resolution of Site Contamination Issue AI #: 6. For Agenda of 10/13/97 Agenda Status Consent .............. g Public Hearing... Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions....... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... None Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The City Council approved the vacation of Lake Avenue S following the public hearing. The appraisal was accepted and on October 7, 1996 Council allowed the northerly two-thirds of the right-of-way to be vacated. Because the southerly portion is impacted by petrochemical contamination the petitioner requested and was granted an extension for one year to resolve the pertinent issues. The issues are complex. It has taken more time to address them than the time allotted and the petitioner requests an additional 180 days to complete this process. STAFF RECOMMENDATION: Staff recommends that the City Council extend this matter as requested until April 6, 1998. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: September 29, 1997 TO: Kathy Keolker-Wheeler, President Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator 6- STAFF CONTACT: Tom Boyns, 6209 SUBJECT: Street Vacation Petition, VAC 95-001, Lake Avenue S ISSUE: The petitioner requested an additional 180 days to complete this matter. RECOMMENDATION: Staff recommends that the City Council extend this matter as requested until April 6, 1998. BACKGROUND: The City Council approved the vacation of Lake Avenue S following the public hearing. The appraisal was accepted and on October 7, 1996 Council allowed the northerly two-thirds of the right- of-way to be vacated. Because the southerly portion is impacted by petrochemical contamination the petitioner requested and was granted an extension for one year to resolve the pertinent issues. The issues are complex. It has taken more time to address them than the time allotted and the petitioner requests an additional 180 days to complete this process. ARCHITECTS September 22, 1997 Renton City Council 200 Mill Avenue South Renton, WA 98055 Staff Contact: Tom Boyns RE: Safeway - Lake Avenue South Street Vacation JOB NO.: 93-1220 Subject: VAC-95-001 Dear Mr. Boyns: On behalf of Safeway, Inc., I request an extension of the referenced vacation for an additional 180 days. In 1996, the City Council approved the vacation of the northern two-third's of the application. By September of 1996, the adjacent property owners abutting the northern two-third's had paid for their portions and I understand the vacation was consummated. As I am sure you remember, the southern one-third of the right-of-way (that area passing between the Frame Shop and the Subaru Dealership) was not vacated by the City nor purchased by the adjacent property owners, because the area has hydro- carbon contamination. To allow time to further investigate this existing condition, Council granted a I -year extension of the approved vacation at their regular meeting of October 7, 1996. For the last year, Safeway has continued to work with the adjacent property owners to develop an affordable mitigation program for the contaminated portions of the site. Numerous alternatives have been considered and much engineering and analysis has been accomplished. However, an actual affordable strategy has not yet been adopted. Recognizing that Safeway still wishes to see this portion of the right-of-way vacated, and that the City remains committed to vacate, Safeway requests a 6-month extension of the current vacation ordinance so that hazardous materials mitigation can be addressed. ASSOCIATES Kern Pearse, AIA P RI SIC I PA L5 Planning • Architecture • Interiors Mi,Ch Yockey, AIA El Baylis, AIA 10801 Main Street • Bellevue, Washington 98004 Johan Luchsinger, AIA Susan Christofides, SCIA Brian Brand, AIA Richard L. Wagner. AIA FAX (425) 453-8013 Robert S. Reed, AIA Thomas Frye. fr., AIA (425) 454-0566 Guy Peckham, AIA Renton City Council/'F. ooyns September 22, 1997 Page 2 If we can provide any further information, please don't hesitate to call. Sincerely, D WAGNER ARCHITECTS, INC. L. Mitch Johnson - Safeway, Inc. MartyJouflas - Safeway, Inc. RLW:amp '3Av JI]n11VNS /© 'S '3AV 831NIVd CITY JF RENTON !LL�' City Clerk Jesse Tanner, Mayor Marilyn J. Petersen October 16, 1997 Mr. Rich Wagner Baylis Brand Wagner 10801 Main Street, Suite 110 Bellevue, WA 98004 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Wagner: At the regular Council meeting of October 13, 1997, the Renton City Council approved your request for a 180 day extension of a portion of the referenced street vacation petition to allow you to resolve the legal issues related to the site contamination. The prior one- year extension expired on October 7, 1997. The 180 day extension will expire in six months or April 13, 1998. If I can provide additional information or assistance, please feel free to call. Sincerely, Marilyn J. e sen City Clerk cc: Mayor Jesse Tanner Council President Kathy Keolker-Wheeler Thomas Boyns, Property Services Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50 o recycled matenal. 20 % Post consumer CIT' OF RENTON City Clerk ;,� Jesse Tanner, Mayor Marilyn I Petersen December 12, 1996 Rich Wagner Baylis Brand agner 10801 Main Street, Suite 110 Bellevue, WA 98004 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Wagner Enclosed is a recorded copy of Ordinance No. 4640, adopted by the Renton City Council on October 28, 1996. The ordinance has been recorded with King County Records and Elections Division, and serves as the official deed to the referenced property. Please retain the copy in your files for future reference. Copies have been sent to petitioners Tonkin, Carney and Spani. If I can provide additional information regarding this matter, please feel free to call. Sincerely, D Marilyn rsen City Clerk cc: Tom Boyns, Property Services Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50 % recycled material, 20 % post consumer CIT' OF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen December 12, 1996 Marion Carney P.O. Box 567 Renton, WA 98057 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Parcel #182305-9071 (Marion Carney) Dear Mr. Carney: Enclosed is a recorded copy of Ordinance No. 4640, adopted by the Renton City Council on October 28, 1996. The ordinance has been recorded with King County Records and Elections Division, and serves as the official deed to the property. Please retain the copy in your files. If I can provide additional information regarding this matter, please feel free to call Sincerely, Marilyn rsen City Clerk cc: Tom Boyns, Property Services Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 % recycled material 20% post consumer ao CIT" OF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen December 12, 1996 Marco Spani First Interstate Bank of Renton P.O. Box 160 Seattle, WA 98111 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Parcel #000720-0004 (First Interstate Bank) Dear Mr. Spani: Enclosed is a recorded copy of Ordinance No. 4640, adopted by the Renton City Council on October 28, 1996. The ordinance has been recorded with King County Records and Elections Division, and serves as the official deed to the property. Please retain the copy in your files. If I can provide additional information regarding this matter, please feel free to call. Sincerely, Marilyn en City Clerk cc: Tom Boyns, Property Services Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 o recycled material, 20 % post consumer 40 CIT" OF RENTON City Clerk e Jesse Tanner, Mayor Marilyn J. Petersen December 12, 1996 Frank Tonkin Accord, Inc. 3300 Maple Valley Highway Renton, WA 98058 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Parcel #182305-9076 (Accord, Inc.); Parcel #182305-9070 (Taco Time) Dear Mr. Tonkin: Enclosed is a recorded copy of Ordinance No. 4640, adopted by the Renton City Council on October 28, 1996. The ordinance has been recorded with King County Records and Elections Division, and serves as the official deed to the referenced property. Please retain the copy in your files. If I can provide additional information regarding this matter, please feel free to call Sincerely, Marilyn t rsen City Clerk cc: Tom Boyns, Property Services Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 % recycled material 20 a post consumer o W�Wzoo�m� Wo=a w c= ¢mLLa¢wU ¢ ¢ate<; wvmoo° z aJGC LL WOO w= y LL<Ol .w Q; �cc N� , V 00 ULL8=zo O WLL c o+�pw QO_ t 0,8 �_zw¢o Em« `mE Z<SaD �C-S Z' LL_z WOza UUM 6nca'O$ ZL) 0V O=<U>z-,m=¢ 0=¢>Ow i.5� '0n Zw ¢ Z V E C W LL Z J O 2 Z Q O WLL > a ¢ � j E y f > (- OOU m ZW�ULL�0�E, 0003LL AZw(qYQ�U--N¢NO FF}U~LL w¢Z=^O¢ff�O0�p0 a¢ Z2J�¢�Aa �ti Amy W¢ Mo NO�Q�uimzJzy-i iOpcnuz"�m i::,_¢a ¢3Z7W ¢W¢uj :- M ow U'-amc�do O O 0w?Uw¢¢wl p3Zwr Z�ERo -U�m O ono ZAwgzw UoOaw zz 00 w Z LL N Q O W m m Z(7 0 0 0 y ¢�� m m? 6N LL O U a Z R W T N L C R m 0 'v C L O Z y N N T CD oda3 g ma R 'c 0) z M m 0 LU.. CDR a C4 m Cc N O C > c m E H° c O ax=m0 M m> U 0 c 3 c 3cW=o R Qy n 0 a �o-0U) za tAEymm n'o a 3 40) CK N m N Q 0 Ra.O T� O U L U N 0 N 0 N C W Q N 0 R L N r-� O t0 m O) d L N by C 3o-C-a �3c c x o Y v 0 c O _ 3 R > m -O N C d T X 0~ M L O C C Y m w c m O.L.. m— w. V Vi C) j c N Qo aR m._ c m E �o R m U D R Y 0 y Q N= lD 0-0 p 3 O ca.C) O.0 V 0 w a o c D Y a o= m a_> o_C.aF'- c N 3 T R R C C O 0 L cu 0) m R N N w R V N R 0'0 Ra� m v Y N n O Q y 0 U C R C O `o U O z N r- 0 E d C 0 U a o. C O d 0 m 0 d m L U w d O C c O E R w N L H T �I c 0 (D E a .e�GS•_ � P✓pin i •z a October 28. 1996 Renton City Council Minutes Pape 410 Ordinance #4639 An ordinance was read amending subsection 5-1-2.C.1 of Chapter 1, Fee Finance: Photostatic Copy Schedule, of Title V (Finance and Business Regulations), by decreasing fees Fees Amendment, Fee for photostatic copies to $.15 (letter sized copies). MOVED BY CORMAN, Schedule SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #4640 An ordinance was read vacating a portion of Lake Ave. S. between S. 2nd and Streets: Lake Ave S S. 3rd Streets (Safeway, Inc.; Taco Time; Accord, Inc.; Marion Carney; First Vacation (Safeway/Y_AC-- Interstate /VAC-95-001). MOVED BY KEOLKER-WHEELER, SECONDED 95-001) BY NELSON, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. ADMINISTRATIVE Mayor Tanner presented The City of Renton 1997/98 Budget overview. He REPORT indicated that the budget ensures the City's financial health, meets service Finance: 1997/98 Budget demands, keeps costs low, maintains quality and level of service, and Overview maintains the 8% Reserve Fund and 8% Insurance Fund balance. Mr. Tanner added that there will be no increase in property taxes, water and sewer rates, full time City positions and no new debt. Continuing, Mr. Tanner described the budget development guidelines. He explained that the total City budget of $94,910,175 is 3.2% below 1996's budget. The General Governmental fund total of $45,141,635 is an increase of 3.9% due to criminal justice requirements, equipment and technology, and personnel cost increases. He highlighted the Utilities budget of $30,682,321 and the Golf Course budget of $2,142,034, pointing out that there will be an increase in green fees. In closing, Mayor Tanner detailed the City's key goals. They are: develop an annexation strategy, improve Renton's image, promote economic development, increase service productivity and innovation and satisfy City administration space needs. AUDIENCE COMMENT Patricia Wakefield, 408 Seneca Ave. NW, Renton, stated that the statues Citizen Comment: located in Gene Coulon Memorial Park continue to be vandalized. Expressing Wakefield - Vandalism Of her appreciation for the statues, she asked that Council relocate them to a safe Statues at Gene Coulon place or find another way to better protect them. Memorial Park ADJOURNMENT MOVED BY NELSON, SECONDED BY PARKER, COUNCIL ADJOURN. CARRIED. Time: 9:16 p.m. MARILYIVJP TERSEN, CMC, City Clerk Recorder. Michele Neumann 10/28/96 ✓4(- `f5-001 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4640 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC./VAC 95-00f). WHEREAS, a proper petition for vacating a portion Lake Avenue South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon suc M vacated; and OUP �9yov — WHEREAS, the City Council by Resolut approved on July 17, 1995, and after due i,(�g?a determine the day of August 21, 1995, at the City Council Chambers of the City of R� place for a public hearing thereon, and th( due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4640 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF LAKE AVENUE SOUTH BETWEEN SOUTH 2ND STREET AND SOUTH 3RD STREET (SAFEWAY, INC./VAC 95-001). WHEREAS, a proper petition for vacating a portion Lake Avenue South between South 2nd Street and South 3rd Street was duly filed with the City Clerk on or about May 23, 1995, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be M vacated; and WHEREAS, the City Council by Resolution No. 3139 passed and approved on July 17, 1995, and after due investigation did fix and determine the day of August 21, 1995, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no 1 ORDINANCE NO. 4640 injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described street, to wit: (the northerly two thirds of Lake Avenue South extending south from South 2nd Street to South 3rd Street) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under, and on all of the aforedescribed property in favor of the City for utility and related purposes. SECTION II. The City Council hereby elects to charge a fee of $82,000.00 to the petitioner -owners, said amount being 500 of the City,s appraisal of the right-of-way interest herein vacated, and such charge being reasonable and proper. SECTION III. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 28th day of October 1996. Marilyn tersen, City Clerk V n ORDINANCE NO. 4640 APPROVED BY THE MAYOR this 28th day of October 1996. Jess Tanner, Mayor Approved as to form: IL La nce J. arr n i y�''�'� $��ney Date of Publication: November 1, 1996 ORD.624:10/14/96-as. 3 VAC 95-001; Lake Avenue South Street Vacation Legal Description That portion of Lake Avenue South, lying within the east one-half of Section 18, Township 23 North, Range 5 East, W.M., in King County, Washington being more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South (formerly Shattuck Street), and the north margin of South 3rd Street (formerly 3rd Avenue); Thence N 88°40'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, having a radius of 129.15 feet; Thence along the are of said curve and margin, passing through a central angle of 04°30'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Lake Avenue South; Thence N 71*01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence in a northeasterly direction along the arc of said curve and margin, passing through a central angle of 39°00'59" a distance of 173.43 feet to the True Point of Beginning; Thence N 57°59'27" W 30.00 feet to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence in a northeasterly direction along the arc of said curve, passing through a central angle of 06°15'45" a distance of 24.56 feet; Thence N 64°15'13" W, 30.00 feet, to the northwesterly margin of Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet; Thence in a northeasterly direction along the arc of said curve, passing through a central angle of 13°24'42" a distance of 45.57 feet; Thence N 12°20'05" E along the westerly margin of Lake Avenue South, a distance of 234.45 feet to an intersection with the south margin of the City of Seattle Cedar River Pipeline Right -of --Way; Thence easterly along said Right -of -Way S 88°19'25" E 61.06 feet to the easterly margin of Lake Avenue South; Thence southerly along said margin S 12°20'05" W a distance of 245.74 feet to a point of tangency with a curve concave to the northwest, with radius of 254.69 feet; Thence along said curve and margin, passing through a central angle of 19040'27", a distance of 87.46 feet to the True Point of Beginning. C:\95-1 Lgl.doc\9/96tgb �— '3AV >ionllVHS 1-7 %------- o n �5 e I Of / � a r Qo 3 v cmi z a N I Z I I OL ,OL �a .99 En I Z4 M I i I � N —J N of z \ a F- o N C U W } Q N < Q a o S` Of [Al 0 x U a m = � a VI 3 V1 Z d' O I W N Z O U ,Of ,Of .99 � ninon '3AV 831NIVa 8�AP gg� 4= k O Hn W g g S a� d ` V C P Nry L W� 6N N N N N N N Aa P VI O a a� m 3 P W Q d O Q 2 C C < O V J � s w � VLP 6 6 V V —.--3AV nnLLVHS -- el; r / n------- --- I P -�°-I / 0f i 7 i iil l a I I N O I I z I W I0f .0f I9t .99 F. ' I Ir o _J of 4 ah7d0 lON)'$ 3Ay n m W F W < d V K O QI ; N KOc U W C a o N Q Z, ,Of w x W d N G O Q I 3 N z I I L p3` Y � HInoS •any aaLNIVa _ a o px a A V e vj 2 <3 5 �ee October 21, 1996 Renton City Council Minutes Page 399 Finance: Photostatic Copy An ordinance was read amending subsection 5-1-2.C.1 of Chapter 1, Fee Fee Amendment, Fee Schedule, of Title V (Finance and Business Regulations), by decreasing fees Schedule for photostatic copies. MOVED BY CORMAN, SECONDED BY KEOLKER- WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/28/96. CARRIED. Streets: Lake Ave S Street An ordinance was read vacating a portion of Lake Ave. S. between S. 2nd and Vacation (Safeway/YAQ- S. 3rd Streets (Safeway, Inc./VAC-95-001). MOVED BY KEOLKER- 5-001 �WHEELER, SECONDED BY CORMAN, COUNCIL REFER THE 'ORDINANCE FOR SECOND AND FINAL READING ON 10/28/96. CARRIED. AUDIENCE COMMENT Richard Wolf, 14702 SE 105th St., Renton, 98059, requested that he be Citizen Comment: Wolf - notified of all future public hearings regarding the Miller/May Valley Prezone Miller/May Valley Phase II. He also asked whether the annexation (if it proceeds) will be Annexation Prezoning divided into two phases. It was noted that the matter will be referred to staff. ADJOURNMENT MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL ADJOURN. CARRIED. Time: 8:15 p.m MARILY . ETERSEN, CMC, City Clerk Recorder: Michele Neumann 10/21/96 October 7. 1996 Renton City Council Minutes Page 376 Planning: Center Planning & Technical Services Division submitted proposed amendment of the Downtown Zone Center Downtown (CD) zoning regulations to allow for new and existing Amendment single family development. Refer to Planning & Development Committee. Vacation: Lake Ave S Planning & Technical Services Division recommended approval of an amended Street Vacation, description and completion of the street vacation process for the northerly (Safeway/VAC-95-001) two-thirds of the Lake Ave. S. petition not contaminated (VAC-95-001, from S. 3rd St. to Seattle's Cedar River Pipeline Right-of-Way/Safeway, Inc.), and requested an extension of one year for the southerly portion of the petition. Council concur. Planning: Commercial Planning & Technical Services Division submitted proposed amendment to the Office Zone Amendments Commercial Office (CO) zone allowing medical institutions and hospitals as a permitted primary use and retirement residences as a secondary use. Refer to Planning & Development Committee. CAG: 94-095, Houser Way Water Utility Division submitted CAG-94-095, Houser Way Pump Station; and Pump Station, Omega requested approval of the project, authorization for final pay estimate in the Contractors amount of $6,492.00, commencement of a 60-day lien period, and release of retained amount of $30,918.55 to Omega Contractors, Inc., contractor, if all required releases are obtained. Council concur. CAG: 94-013, Maplewood Water Utility Division submitted CAG-94-013, Maplewood 565 Zone 565 Zone Transmission Transmission Water Mains - Schedule D; and requested approval of the Water Mains, Grant project, authorization for final pay estimate in the amount of $1,064.69, Construction commencement of 60-day lien period, and release of retained amount of $31,011.10 to Grant Construction Co., Inc., contractor, if all required releases are obtained. Council concur. Transportation: RR Transportation Systems Division requested approval to enter into a Crossing Improvements Construction and Maintenance Agreement with Burlington Northern Santa Fe (Monster Rd/P-I Railroad to improve the railroad crossing and acquire a roadway easement at Channel), Burlington Monster Rd. and the P-1 Channel. Renton's cost share is $152,048. Refer to Northern, CAG-96- Transportation Committee. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Penny Eskenazi, 951 Lynnwood Ave. NE, Citizen Comment: Renton, 98056, describing the occurrence of an underground leak at her home Eskenazi - Customer where there was no visible signs of the problem. Noting that an increase in Notification Policy re consumption was the only evidence of the leak, she explained that notification Leaks from the City occurred eight days later by mail. Ms. Eskenazi recommended that the Utility Billing Division change its policy by allowing meter readers to hand deliver notices to the homes instead of only notifying customers by mail. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION FOR REVIEW. CARRIED. Councilmember Keolker-Wheeler stated that meter readers do not have access to water usage records from prior months when they are in the field. For that reason, she added, they are unable to leave notices at -the home. Councilman Edwards commented that perhaps the meter reader's equipment can be updated so that they would be able to check past usage records on site. October 7. 1996 Renton City Council Minutes Page 374 AUDIENCE COMMENT I Rich Wagner, Baylis Brand Wagner, 10801 Main St., Bellevue, 98056, Citizen Comment: Wagner representing Safeway, stated that his client supported the amended Lake Ave. - Lake Ave S Street S. street vacation, adding that Safeway will now be able to proceed with the I Vacation, (Safeway/VAC- redevelopment of its facilities. (See consent agenda for reported item.) 95-001 Citizen Comment: May - Marilyn May, 2016 Aberdeen Pl. SE., Renton, 98055, described the problems Downtown Transit she has encountered with Metro bus 101 since the recent changes in the bus Hub/Transit Routing route scheduling. She explained that her commute time has increased 20 minutes one-way now that the buses are being rerouted through the new downtown transit hub. Ms. May pointed out that the new bus routing will add over 16 hours a month to her commuting time and that she is considering driving to work. She concluded by asking that Council return buses 145 and 148 to their original routes so that they bypass the downtown transit hub. Responding to Ms. May, Mayor Tanner said that the City, by working with Metro, will follow-up on her complaint and the numerous other complaints they have received. Councilmember Keolker-Wheeler said that since the City of Renton does not have the authority to make routing changes, a representative from Metro was present to take note of the complaints. Citizen Comment: Allen - Marsha Allen, 16374 - 129th Ave. SE, Renton, 98058, echoed Ms. May's Downtown Transit sentiments regarding the transit routing changes. She said she is specifically Hub/Transit Routing concerned about the bus time schedule and described how the time changes have disrupted her family's schedule. Citizen Comment: Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, speaking as a member - Downtown Transit of the Renton Sounding Board, said she has received calls both for and against Hub/Transit Routing the new transit routing. She related that her sister was so happy with the changes in the bus routing that she sold her car. In conclusion, Ms. Richter expressed her support for the new system, pointing out that the glitches will soon be resolved. Citizen Comment: Berry - Connie Berry, 14317 SE Fairwood Blvd., Renton, 98058, expressed her Downtown Transit disappointment concerning the new transit routing changes. She stated that Hub/Transit Routing the changes have increased her commute time by 30%. Ms. Berry said that she used to take bus 148 and now drives to the Park and Ride to catch bus 101 to avoid stopping at the downtown transit hub. She added that the worst part of the commute is going through downtown Renton. Mayor Tanner clarified that the purpose of locating the transit hub in downtown Renton was not to revitalize it as alleged by the previous speaker. He said that it was located there as part of Metro's Six -year Transportation Plan so that the buses, instead of going from the suburbs directly to downtown Seattle, go to surrounding suburban areas. He added that the transit hub provides a place for those buses to meet and serves as the transfer point. Citizen Comment: Lawson Jerry Lawson, 1615 Harrington Ave. SE, Renton, 98058, also expressed his - Downtown Transit disappointment with the transit routing changes. He said that he used to take Hub/Transit Routing bus 148 directly to work. Now, however, he has to take bus 148 to the Park and Ride and transfer onto a bus 101 which is often full. He concluded by saying that unless these problems are resolved he will be forced to drive to work. JY OF RENTON COUNCIL AGENMnL Submitting Data: Planning/Building/Public Works Dept/DiwBoard.. PIoperty Services Staff Contact...... Tom Boyns Subject: Street Vacation VAC 95-001, Safeway, Inc.. Approval of Amended Description, Extension Exhibits: Issue Paper Al #: K. i , For Agenda of: Agenda Status Consent .............. Public Hearing... Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions....... Information......... Recommended Action: Approvals: Council Concur Legal Dept ....... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: October 7, 1996 91 This vacation petition was approved by the City Council following a public hearing held August 21, 1995. On February 26, 1996 Council accepted the appraisal and set the compensation due the City in this matter. Petrochemical contamination of the southernmost portion was discovered and three extensions have been granted to resolve the legal issues inherent in site contamination. The last extension expires October 7, 1996. All abutting property owners not impacted by the contamination have paid the approved compensation for their parcels. Several options were considered. Staff recommends concluding the street vacation process for the portion of the street not contaminated and granting an extension for one year for the remainder to allow sufficient time for the abutting property owners to resolve their remaining legal issues and determine their interest in completing the street vacation. STAFF Staff recommends that Council approve an amended description and complete the street vacation process for the northerly two thirds of the petition; and, grant a one year extension for the balance of the Right -of -Way to be vacated. AGN95_1/tgb10/96 I Y CJF e�NToN OCT C 2 1996 13EGF_IVED '9 �? Cie.ERK'S OFFICE CITY OF RENTON � ' y_ `1 o PLANNING/BUILDING/PUBLIC WORKS v�S'� '996' MEMORANDUM DATE: September 30, 1996 TO: Toni Nelson, President Members of the Renton City Council �G VIA: ( Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator G Z- STAFF CONTACT: Tom Boyns, X6209 SUBJECT: Street Vacation VAC 95-001; Lake Avenue S./Safeway ISSUE: The extension of the time limit to complete the vacation is expiring. The remaining issues have not been resolved, and resolution appears to be beyond further short term extensions. RECOMMENDATION: Staff recommends that Council approve an amended description and complete the street vacation process for the northerly two thirds of the petition; and, grant a one year extension for the balance of the Right -of -Way to be vacated. BACKGROUND: On February 26, 1996 Council accepted the appraisal and set the compensation due the City in this matter. This action began a 90 day period during which the compensation must be received by the City prior to passing the ordinance. On May 20, 1996 Safeway requested and Council granted a 60-day extension to this time limit to investigate petrochemical contamination of the former gas station site on the southerly portion of the subject Right -of - Way. This extension expired July 29, 1996. Safeway requested a further 6-week extension of the time limit to complete the street vacation procedure in order to complete their environmental review, until September 9, 1996. This request was granted by Council July 29, 1996. A further four week extension was granted to complete these negotiations and process for the remaining payments. The City has received the approved compensation from all but the two most southerly abutting property owners. September 30, 1996 Page 2 RESEARCH: Several options were considered: Council could grant a further extension. There is no indication that a resolution of the contamination issue will be forthcoming soon. Safeway has been delaying its project attending the resolution of this issue. Their project deserves to be able to progress. This option does not respond to that need. Council could determine that full compensation as appraised and approved has not been received, and the petition process could be deemed abandoned and denied (Ord.4266, 4-16-90). Under this option the funds paid by some of the petitioners would be refunded, Safeway would be required to alter or abandon their project. Council could amend their approval of the compensation for those properties abutting the portion of the Right -of -Way which has been found to be contaminated by petrochemicals, setting the compensation for this portion of the Right -of -Way from the abutting property owners to zero dollars, and approve the vacation. Those property owners abutting the contaminate portion of the Right -of -Way have promised to institute a lawsuit blocking the vacation process and seeking damages under this option. The City Attorney has advised that since the abutters caused the contamination, and retain the fee ownership interest under the Right -of -Way "super easement" they could not prevail in such a lawsuit. In this option the Safeway project could be delayed or abandoned. Council could amend the extent of the street vacation to the original request, matching those abutting properties for which compensation has been received by the City. This is a viable option. It does not contemplate resolving the contamination or responsibility issues related to the contamination. This option allows the Safeway project to progress. Council could amend the extent of the street vacation to the original request, matching those abutting properties for which compensation has been received by the City and grant an extension for the balance of the petitioned area for a reasonable period to determine if those property owners choose to complete or abandon the process. This option appears to be responsive to the need for the Safeway project to progress, honors the need for more time to resolve delicate contamination legal issues, and allows the balance of the abutting property owners to make responsible choices. This is the option recommended by staff. cc: Jay Covington Tom Boyns City Clerk VAC 95-001; Lake Avenue South Street Vacation Legal Description That portion of Lake Avenue South, lying within the east one-half of Section 18, Township 23 North, Range 5 East, W.M., in King County, Washington being more particularly described as follows: Commencing at the intersection of the west margin of Shattuck Avenue South (formerly Shattuck Street), and the north margin of South 3rd Street (formerly 3rd Avenue); Thence N 88°40'50" W along said north margin 790.16 feet to the beginning of a curve, concave to the north, having a radius of 129.15 feet; Thence along the are of said curve and margin, passing through a central angle of 04°30'39" a distance of 10.17 feet to a point of intersection with the southeasterly margin of Lake Avenue South; Thence N 71'01'31" E along said southeasterly margin 88.56 feet to the beginning of a curve, concave to the northwest, having a radius of 254.69 feet; Thence in a northeasterly direction along the are of said curve and margin, passing through a central angle of 39°00'59" a distance of 173.43 feet to the True Point of Beginning; Thence N 57°59'27" W 30.00 feet to the centerline of said Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 224.69 feet; Thence in a northeasterly direction along the arc of said curve, passing through a central angle of 06° 15'45" a distance of 24.56 feet; Thence N 64°15'13" W, 30.00 feet, to the northwesterly margin of Lake Avenue South and a point of radial intersection with a curve, concave to the northwest, having a radius of 194.69 feet, Thence in a northeasterly direction along the arc of said curve, passing through a central angle of 13°24'42" a distance of 45.57 feet; Thence N 12°20'05" E along the westerly margin of Lake Avenue South, a distance of 234.45 feet to an intersection with the south margin of the City of Seattle Cedar River Pipeline Right -of -Way; Thence easterly along said Right -of --Way S 88°19'25" E 61.06 feet to the easterly margin of Lake Avenue South; Thence southerly along said margin S 12020'05" W a distance of 245.74 feet to a point of tangency with a curve concave to the northwest, with radius of 254.69 feet; Thence along said curve and margin, passing through a central angle of 19°40'27", a distance of 87.46 feet to the True Point of Beginning. C:\95-1Lgl. doc\9/96tgb Q Pa VI p N aN N P J� N H rn h Q P Q o YI 1V N o N 2 � m J LV W U � i �• o � P� f w w n in Y in Y V a y � V W W2 Q _ P W W Q �— '3AV NOn11VHS n n YGe i li l � a 3� I I w I i 3 I N U tL O Z I Q O I N Z I I � i I � I.00 ,OC 49 ,99 Q I I IEn En I I C F N o I Z \ � Q a 0 I� a_ 0 � j ¢ W U _ N .00 ,0C .99 H1nOS '3AV 831NIVa H , Z 8 R N ' s V c�P A' L o '3AV N0fll1VHS %] `------- ----� �� W U I N U I I < N Z O I I � I ,OC I,Oc 191 ,99 I I _J N n (N3dO ION) xv� I d ----- -- - 4 U Of IN 0- of Of Q N N _ U 3 ti K z vi J Z wzw , Or ,OC w N z o ~ o ¢ o z a a y ,99 N Y �aYd 3 —Hll1� 2131NIVN 0S '3AV _ry a�x �co y W 4W U b x a� x cr u, CL UN T N Q N Q Q w W a September 9. 1996 Renton City Council Minutes Page 335 Citizen Comment: Wagner - Lake Ave S Street Vacation, VAC-95-001 _ Rich Wagner, 10801 Main St., Bellevue, 98004, congratulated Council and staff on the positive article on Renton which appeared in the most recent issue of Washington CEO. On another subject and as a representative of Safeway, Mr. Wagner requested that the time period for submitting the required compensation for the Lake Ave. S. street vacation be extended for another four weeks. The additional time is needed to continue environmental assessment of some of the affected properties relative to petrochemical contamination. Noting that Safeway has submitted its required compensation for this matter and remains very interested in seeing the vacation consummated, Mr. Wagner concluded that all of the adjacent property owners abutting the northern two-thirds of the vacation right-of-way have paid their required compensation to the City. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL GRANT AN ADDITIONAL FOUR -WEEK EXTENSION (TO OCTOBER 8, 1996) OF THE TIME PERIOD FOR SUBMITTING THE REQUIRED COMPENSATION TO THE CITY FOR THE LAKE AVE. S. STREET VACATION. CARRIED. Citizen Comment: Victor Lindholm, no address given, relayed his concerns about graffiti and its Lindholm - Graffiti connections to crime, drugs and gangs. Noting specific instances of "tags" done on N. 4th St. and on the Williams Street bridge spanning the Cedar River, Mr. Lindholm encouraged the arrest of those responsible for this type of vandalism. He concluded by submitting recent newspaper articles on this subject for Council's purview. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL SUSPEND ITS RULES AND ADVANCE TO THE COMMUNITY SERVICES COMMITTEE REPORT ON THIS SUBJECT. CARRIED. Community Services Community Services Committee Chair Parker presented a report Committee recommending concurrence in the Administration's recommendation that Public Works: Graffiti Council approve the establishment of a public rights -of -way graffiti removal Removal Program program, with the goal of improving the City's response to removal of graffiti on public facilities. Establishment of the program would be accomplished by transferring a maintenance worker III position out of the Street Maintenance section and into the Transportation Signal and Sign Shop. This position would: respond to complaints from the public about graffiti, coordinate efforts to remove graffiti on the public right-of-way, and significantly improve the City's response time in resolving graffiti -related problems. This action will not affect the adopted 1996 City budget. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Citizen Comment: Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, concurred that - Graffiti graffiti is a recurring eyesore in north Renton, noting particular problem areas are Park Ave. and the neighborhood's alleyways. Although area residents are working with the police regarding gang activity, the process is slow. Ms. Richter added that graffiti removal efforts should also be encouraged for private properties such as restaurants and other commercial establishments. Mayor Pro tem Nelson assured Ms. Richter that the City is looking into educating business owners regarding graffiti removal from private property. CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. At the request of a Councilmember, item 6.g. was removed for separate consideration.