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HomeMy WebLinkAboutCouncil 07/10/2006 . S Y AGENDA RENTON CITY COUNCIL 1/414101 REGULAR MEETING July 10, 2006 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Washington Alaska Military Cable and Telegraph System (WAMCATS) Day- July 12, 2006 4. SPECIAL PRESENTATIONS: a. Commute Trip Reduction program Diamond Award winner b. Brightwater Treatment Plant c. Report on July 4th fireworks activities 5. PUBLIC HEARING: Street Grid System amendments 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 6/26/2006. Council concur. b. Mayor Keolker appoints Frank Marshall, 3521 SW 327th St., Federal Way, 98023, to the Airport Advisory Committee as Airport Leaseholders alternate representative (term to expire 5/7/2007). Refer to Community Services Committee. c. City Clerk reports the official population of the City of Renton as of 4/1/2006 to be 58,360 as calculated by the State of Washington Office of Financial Management. Information. d. City Clerk reports that petitioner City of Renton has met all conditions of approval, as set by Council on 1/24/2005, for the vacation of portions of Park Ave. N. related to The Landing site development(VAC-04-005), and recommends approval of the required ordinance. Council concur. (See 11.a. for ordinance.) e. City Clerk reports appeal of Hearing Examiner's decision regarding the Lake Washington/May Creek dredging permit application (SP-05-138); appeal filed on 6/8/2006 by Barbee Mill Company, represented by Michael Lloyd, Lloyd&Associates, Inc., 38210 SE 92nd St., Snoqualmie, 98056, accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record,the Hearing Examiner's report, the notice of appeal and additional submissions by parties(RMC 4-8-110F.6.). f. Community Services Department recommends approval of a joint agreement and memorandum of understanding with King County Fire Protection District#25 and the American Red Cross serving King and Kitsap Counties concerning the disaster relief supply building and its supplies. Refer to Public Safety Committee. (CONTINUED ON REVERSE SIDE) g. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at Morris Ave. S. to fulfill a requirement of the Finseth Short Plat(SHP-05-027). Council concur. h. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at the corner of Edmonds Ave. NE and NE 20th St. to fulfill a requirement of the Pelton NE 20th St. Short Plat(SHP-05-119). Council concur. i. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at the corner of Lyons Ave. NE and NE 2nd St. to fulfill a requirement of the Annie's Place II Short Plat(SHP-05-167). Council concur. j. Finance and Information Services Department requests approval of an ordinance authorizing the issuance of Limited Tax General Obligation Bonds in the amount of$20,665,000 for constructing transportation and utility infrastructure improvements for the South Lake Washington and the SW 27th St. and Strander Blvd. projects. Council concur. (See 11.b. for ordinance.) 9. CORRESPONDENCE 10. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers b. Utilities Committee: Skyway Water& Sewer District Interlocal Agreement* 11. RESOLUTIONS AND ORDINANCES Resolution: Agreement with Skyway Water&Sewer District(see 10.b.) Ordinances for first reading: a. Vacating portions of Park Ave. N. (see 8.d.) b. Issuance of Limited Tax General Obligation Bonds(see 8.j.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELLED Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM,AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting July 10, 2006 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President Pro Tern; DAN CLAWSON; DENIS LAW; COUNCILMEMBERS MARCIE PALMER; DON PERSSON. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL EXCUSE ABSENT COUNCILMEMBERS RANDY CORMAN AND TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; MARTY WINE,Assistant CAO; NATHAN JONES, Transportation Planner; INTERIM CHIEF LARRY RUDE, DEPUTY CHIEF CHUCK DUFFY, and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER, Fire Department; CHIEF KEVIN MILOSEVICH and COMMANDER KATIE MCCLINCY, Police Department. PROCLAMATION A proclamation by Mayor Keolker was read declaring the day of July 12, 2006, ACS-505th WAMCATS Day- to be "ACS (Alaska Communication System)- 505th WAMCATS (Washington 7/12/2006 Alaska Military Cable and Telegraph System) Day" in the City of Renton and encouraging all citizens to join in this special observance. MOVED BY LAW, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. SPECIAL Transportation Planner Nathan Jones explained that the State legislature created PRESENTATIONS the Commute Trip Reduction (CTR) law to reduce traffic congestion, air Transportation: Commute Trip pollution, and petroleum consumption in the State. To comply with the CTR Reduction Diamond Award law, Renton requires employers with 100 or more full-time permanent year- Winner Recognition round employees to have programs supporting alternate commutes. He noted that these employers must have an employee transportation coordinator who educates employees about their commute options. Mr. Jones reported that 19 Commuter Challenge Diamond Awards were recently presented to King County employers and individuals who reduce gridlock by motivating employees to try commute alternatives. He introduced Cindy Bunger, the employee transportation coordinator at Hunter Douglas,who is a recipient of this leadership award. Ms. Bunger was presented with a certificate of appreciation in recognition of her consistent efforts to develop and implement a workplace CTR program,resulting in one of the lower single- occupancy-vehicle rates among employers in the City of Renton. Regional Issues: Brightwater Christie True, with King County's Department of Natural Resources and Parks, Treatment Plant, Recognition recognized former Mayor Jesse Tanner, former Councilmember King Parker, of Renton Support Utility Engineering Supervisor Dave Christensen, City Attorney Larry Warren, and the Mayor and Council for their support and interest in the siting process for the Brightwater wastewater treatment facilities, which will serve portions of King and Snohomish Counties. She reported that construction of the Brightwater Treatment Plant began on 4/12/2006. ossistoomraiostimailifimar July 10,2006 Renton City Council Minutes Page 233 In recognition of Renton's outstanding governmental relations work on the Brightwater project, Ms. True presented Mayor Keolker with a plaque signed by King County Executive Ron Sims and King County Council Chair Larry Phillips. Mayor Keolker passed along the plaque to City Attorney Warren in recognition of his hard work on this project. Councilman Clawson noted that if the Brightwater project had not moved forward,massive reconstruction on the eastside would have taken place to expand the present trunk system to handle the additional sewage at the South Treatment Plant in Renton. Public Safety: Fireworks Interim Fire Chief Larry Rude gave a briefing on fireworks activities over the Activities over July 4 July 4 holiday. He reported that the fireworks ban in Renton took effect in 2005. Interim Chief Rude explained that the City's goal of reducing fireworks- related injuries and property damage was communicated to citizens in various ways, including fliers in the utility bills, and postings at businesses and high- occupancy apartment complexes. He noted that the City holds a public fireworks display at Gene Coulon Memorial Beach Park as an alternative. Continuing, Interim Chief Rude reported that Renton experienced a decrease in fireworks-related calls and incidents in 2005 and 2006 as compared to prior years. Reviewing related statistics, he noted that the total monetary damage in 2006 was$1,300, and during the time period of July 1 to July 10, 200 calls for service were received this year as compared to 286 in 2005. Interim Chief Rude pointed out the importance of communicating with citizens. He concluded by reviewing the City's communication strategies for 2007,which include targeting more non-English speaking citizens,postings at fireworks stands in neighboring jurisdictions, and signage at the City limits and transportation corridors. Mayor Keolker noted that it was nice and quiet this year, and the fireworks display at Gene Coulon Park was wonderful. Councilman Law stated that Renton residents have the opportunity to vote on whether to eliminate the fireworks ban this fall, and he inquired as to when the use of fireworks would again be allowed if the ban was eliminated. Chief Administrative Officer Jay Covington replied that fireworks use could be allowed as early as January 2007. PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Street Grid System accordance with local and State laws, Mayor Keolker opened the public hearing Amendments to consider the amendments to the City's Street Grid System(City Code 9-11). Economic Development Administrator Alex Pietsch explained that under the current street naming system, all avenues (running north/south) are named after cities and towns in Washington, all streets (running east/west) are numbered, and directional prefixes or suffixes are assigned with downtown Renton as the center point. He pointed out that upon annexation,all roadways are renamed to conform with this system. Mr. Pietsch discussed the issues with the current system. He indicated that the names of avenues established in City Code have expired, and the City is near the end of a round of alphabetical naming of avenues with names of Washington cities and towns. Mr. Pietch stated that potentially thousands of residents in Renton's Potential Annexation Area could be annexed and thus be required to change addresses. He explained that in the past,conformity with the current system was essential to police and fire crews and their ability to quickly July 10,2006 Renton City Council Minutes Page 234 locate and respond to emergency calls. With the establishment of geographic information systems (GIS)and data terminals in all emergency vehicles, this requirement is no longer necessary. Turning to the proposed street naming changes, Mr. Pietsch stated that most newly annexed areas will retain their current addresses and not be integrated into the City's naming system, numbering system, or directional prefixes. He reviewed the proposed changes as follows: • Annexed segments of SE Renton-Maple Valley Hwy. shall be renamed Maple Valley Hwy. • Annexed segments of 68th Ave. S., south of Martin Luther King Way, shall be renamed Monster Rd. SW. • Newly annexed areas bounded by I-405 to the west, 159th Ave. SE (Zillah Ave. SE)to the east, May Valley Rd. to the north, and Maple Valley Hwy. to the south will be assigned addresses according to the Renton street naming system. • The roadway known as SE May Valley Rd. shall retain its name and numbering system, and the portion of the roadway now known as NE 31st St. shall be restored to the original name (SE May Valley Rd.) and numbering system. • The street named Vesta Ave. NE will be renamed Vantage Blvd. NE. • Annexed segments of 156th Ave. SE, north of NE 4th St./SE 128th St. shall be renamed Vantage Pl. • Annexed segments of 156th Ave. SE, south of NE 4th St./SE 128th St; SE 142nd Pl. between 154th Ave. SE/Toledo Ave. SE and 156th Ave. SE; and 154th Pl. SE shall be renamed Vantage Blvd. • Annexed segments of 156th Ave. SE, south of the intersection with SE 142nd Pl. shall be renamed Vantage Ct. SE. • Annexed segments of SE Carr Rd., SE 179th St., SE 176th St., and SE Petrovitsky Rd. shall be renamed SE Carr Rd. west of 108th Ave. SE, and SE Petrovitsky Rd. east of 108th Ave. SE. In conclusion, Mr. Pietsch stated that the proposed changes will prevent the unnecessary inconvenience and cost that annexing property owners,residents, and businesses face with address changes. He noted that the address changes have been a reason for people not wanting to annex to Renton. Mr. Pietsch pointed out that the changes may create additional work for City staff to identify addresses within the City limits. He reported that this item is currently in the Planning and Development Committee, and feedback on the matter will be reviewed by the Committee. Mayor Keolker indicated that her main concern regarding changing the street grid system was public safety; however, now that technology has changed, it is time to reconsider the current system. Public comment was invited. Andrew Duffus, 2905 Ilwaco Ave. NE, Renton, 98059, spoke in favor of retaining the name May Valley Rd. within Renton for the following four reasons: history, continuity, safety, and minimal inconvenience. He explained that May Valley Rd. has existed for over 60 years, and continuity and consistency will be maintained by retaining the name, as residents in City of Newcastle and unincorporated King County have May Valley Rd. addresses. Mr. Duffus noted that the change will only affect four residents. maw- July 10,2006 Renton City Council Minutes Page 235 June Hill,225 Vesta Ave. SE, Renton, 98059, reported that she lives at the only house on Vesta Ave. SE, and only three houses exist on Vesta Ave. NE. She described the problems she has encountered with the post office,with people trying to locate her house, and with City staff since her address was changed. Ms. Hill stated that if the street name is going to be changed again to Vantage Blvd., she requested that instead, the name be changed back to 156th Ave. SE. Kristy Hill, 225 Vesta Ave. SE, Renton, 98059, stated that if Vesta Ave. has to be renamed Vantage Blvd., she asked that the change take place when the larger annexation is approved. In the meantime, she recommended that the name be changed back to 156th Ave. SE so that people can locate her house. J. Paul Blake, 17627 133rd Pl. SE, Renton, 98058,expressed his support for the proposal, saying that the amendments will prevent address changes from being an issue for potential annexations to Renton. Gwendolyn High,President of Citizens'Alliance for a Responsible Evendell, 13405 158th Ave. SE, Renton, 98059, agreed with the retainage of current addresses when areas are annexed to Renton. In regards to the Vesta Ave. name change, she suggested that the street be renamed back to 156th Ave. SE, as 156th is a regional landmark and it is easily locatable. Ms. High noted that GIS is great when looking at coordinates; however, addressing is difficult because every single database has to be manually updated. Councilman Persson acknowledged the frustration expressed by residents living on Vesta Ave. He stated that the current street grid system has worked well for a long time; however, as the City grows and with the advancements in technology, a change is worth considering. Councilwoman Nelson indicated that there are advantages to using the King County grid system. Expressing appreciation for the speakers' comments, Chief Administrative Officer Jay Covington assured that their comments will be taken under consideration. Councilman Clawson stressed that the audience testimony is very helpful. Councilman Law stated that changing Vesta Ave. back to 156th Ave. SE should be strongly considered if there is little downside to the City. Correspondence was read from August R. Tabacek, 5531 NE 31st St., Renton, 98059,expressing support for restoring the roadway known as NE 31st St. to its original name of SE May Valley Rd. He also requested that the expense to rename streets be considered. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * The City's bond credit rating has been upgraded by both Fitch Rating Services and Standard and Poor's to AA- (from A+). The highest possible rating is AAA. The rating upgrade will reduce costs to the community for the planned bond issuance in mid-July. * The first "Play Day in the Park" of the summer was held on June 28 at Kiwanis Park. Co-sponsored by Renton Kiwanis and Greater Renton Kiwanis, games, crafts, and inflatables were enjoyed by approximately 250 youth ages six to eleven. July 10,2006 Renton City Council Minutes Page 236 AUDIENCE COMMENT Greg Taylor, 702 SW 3rd Pl., Renton, 98055, voiced support for the City's Citizen Comment: Taylor- continued efforts towards the completion of The Landing development. As a The Landing Project resident and business person, Mr. Taylor stated that he welcomes the development. He pointed out that it promises increased economic vitality; a unique urban dining, shopping, and entertainment environment; and jobs for local residents. Mr. Taylor noted his unhappiness when he discovered that Westfield,owner of Westfield Southcenter Mall,has created a group called Alliance for the South End who is opposing The Landing project. He encouraged people not to be bullied by this competitor. Citizen Comment: O'Neill - Sean O'Neill, 334 Wells Ave. S.,Renton, 98057, expressed his support for the The Landing Project transformation of the surplus Boeing property into The Landing project. Mr. O'Neill indicated that he is looking forward to this vibrant retail and entertainment facility. He stated that he is proud to work in and be a resident of Renton, and is proud of the sense of rebirth that a project such as this promises for the City. Mr. O'Neill urged the City to resist the anti-competitive business practices of The Landing's competitor. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056, stated that the Highlands Area Highlands Community Association (HCA) appreciates the Mayor's Redevelopment abandonment of the use of the Community Renewal Act and the Designation of Blight for the Highlands area. He relayed that the HCA advocates revitalization of the Highlands and seeks a new dialogue with the City towards this end. Mr. McOmber noted that many Highlands area residents are upgrading their properties. He reviewed ways that the area's revitalization can be achieved; including grants and low interest loans, code compliance efforts,greater police presence,zoning that encourages private redevelopment and preserves the rights of existing owners, identification of neighborhood infrastructure in the greatest need of repair, and hiring of an outside planning consultant. Citizen Comment: Petersen - Inez Petersen,PO Box 2041,Renton, 98056, noted that citizens have voiced The Landing Project, concerns regarding The Landing project, and she indicated that it does not Neighborhood Program matter who is funding or behind the Alliance for the South End citizens group, but whether their environmental concerns are valid. On another subject,she pointed out that the Neighborhood Program grant money belongs to all Renton residents,and asked that the City review its neighborhood association and grant rules to ensure that these rules provide equity to all residents. Ms. Petersen also asked that Council sanction a Spirit of the Highlands picnic with the use of the picnic van and other resources normally provided to neighborhood picnics. She concluded that while the Highlands Community Association is not recognized by the City, it is recognized by the hundreds of people who are members of the association. Citizen Comment: Walker- Sir Colin Walker, 3233 NE 12th St.,#301, Renton, 98056, introduced himself as Cedric Condominium the president of the Sir Cedric Condominium Homeowners Association Board Redevelopment, Highlands of Directors. He stated that the 45-unit complex began a$1.4 million, six- Area month repair and renewal project, which includes repairing rot and replacing siding. Mr. Walker noted that the project was funded by individual unit owners through a lump-sum special assessment, and is the first major residential renewal project in the Highlands area. He praised the City for its Highlands redevelopment efforts, and thanked Neighborhood Program Coordinator Norma McQuiller for her work with the homeowners association. Citizen Comment: DeMastus- Sandel DeMastus,Highlands Community Association (HCA) Vice President, Victim of Attack at Residence PO Box 2041, Renton, 98056, stated that her home was broken into and she was attacked at 3 a.m. on June 24. Noting that her camcorder was stolen and her scanner was taken for evidence, she thanked the HCA and others for July 10,2006 Renton City Council Minutes Page 237 contributing money to replace the equipment. Ms. DeMastus thanked the police for their handling of the matter, and expressed her hope that the attacker will be caught. Citizen Comment: Soptich- Fire Chief Lee Soptich,Eastside Fire and Rescue, 175 NW Newport Way, Fireworks Ban Issaquah, 98027, speaking on behalf of the King County Fire Chiefs Association,praised Renton's ban on fireworks and its commitment to continue to promote the virtues of the ban. He stated that a majority of cities in King County have entered into fireworks bans,and over the years he has seen the positive effects of the bans. Chief Soptich stressed that bans are the best prevention for damaging fires and injuries that result from fireworks. Noting that fire service within King County is a fabric,he indicated that the patchwork of areas with bans and without bans can be detrimental,particularly within the urban areas. Chief Soptich pointed out that citizens find other ways to celebrate Independence Day, and that organizations can find alternate ways to raise funds rather than by selling fireworks. MOVED BY LAW, SECONDED BY PERSSON,COUNCIL ALLOW THE SPEAKER TWO MORE MINUTES FOR HIS COMMENTS. CARRIED. Chief Soptich noted that in communities with fireworks bans,he has found that citizens police themselves. He encouraged citizens to think about the ramifications to the community of fireworks-caused fires. Citizen Comment: John Klopfenstein, 900 Oakesdale Ave. SW, Renton, 98057, introduced himself Klopfenstein- Fireworks Ban as the King County Fire Marshal, and complimented the City for adopting a fireworks ban. He reported that the Fire Marshal's office is working on an adopted fireworks ban by 6/28/2007 for all of King County that would take effect by 6/28/2008. Fire Marshal Klopfenstein stated that the goal is to eliminate the patchwork effect of the non-banned fireworks areas in King County. Citizen Comment: Johnson- Arland "Buzz"Johnson, 334 Wells Ave. S., #306, Renton, 98057, displayed Hanging Flower Baskets, photographs of large hanging flowers baskets in the City of Lake Oswego, Wells Ave S Cement Work Oregon, and in the City of Bremerton, and a photograph of a smaller flower basket in Renton. Additionally,he commented on the shoddy cement work performed on Wells Ave. S., and displayed a photograph showing a boot print in the cement. Councilwoman Nelson stated that the flowers planted in the hanging baskets are sturdier this year, and she asked Mr. Johnson to observe how large they grow during the summer. Citizen Comment: Meyer- Fire Chief Bob Meyer, City of SeaTac, 2929 S. 200th St., SeaTac,98198, stated Fireworks Ban that this was the first year of SeaTac's fireworks ban, and he noted the 50 percent reduction in fireworks-related contacts with the fire and police departments. Chief Meyer reported that fireworks caused the fire at former Boulevard Park School in SeaTac on 7/2/2006. The damage assessment so far is $2.5 million. He said this was the biggest fire in SeaTac's history, and he thanked Renton for sending a ladder truck to help fight the fire. Chief Meyer indicated that he will be actively working with King County to ban fireworks in its unincorporated areas. In response to Councilman Clawson's question, Chief Meyer stated that the type of firework that caused the fire at the school is still under investigation. He confirmed that legal fireworks can also cause fires. July 10, 2006 Renton City Council Minutes Page 238 Citizen Comment: Peschek- Dennis Peschek, 13451 SE 141st St., Renton, 98059, noted the ongoing noise Maplewood Golf Course, problems affecting the Maplewood Heights Community located above the RiverRock Restaurant Noise Maplewood Golf Course. He indicated that the weekend nighttime music emanating from the RiverRock restaurant disturbs his television viewing. Mr. Peschek said the noise violates the City's noise ordinance, and asked that the City take action on the matter. Police Chief Kevin Milosevich reported that police responded to a call last Friday night from Mr. Peschek regarding the noise at the golf course. He indicated that the matter will be further investigated, and the level of noise will be measured. In response to Councilman Clawson's inquiry, Chief Milosevich stated that this is the first complaint that he is aware of,but noted that as the weather warms up, noise tends to travel farther. Citizen Comment: Larson- Ruthie Larson, 714 High Ave. S.,Renton, 98057, invited the Mayor,Council 1-405 Expansion, Traffic and transportation staff to the Renton History Museum on July 19 and 20 to Problems observe traffic when Houser Way S. is closed for the Renton River Days festival. She explained that this equates to what it will be like when the State expands 1-405, resulting in the closure of Houser Way S., and the conversion of Mill Ave. S. to a two-lane one-way street. Expressing her concern regarding the effect the 1-405 expansion will have on traffic in this area, she pointed out that Renton's increasing population will also cause more traffic congestion. Additionally, she pointed out that the future Landing project will also increase traffic as people will pass through this area to get to Logan Ave. S. Mayor Keolker asked that traffic counts be conducted in this area during Renton River Days. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:47 p.m. The meeting was reconvened at 8:54 p.m.; roll was called; all Councilmembers present except Corman and Briere previously excused. Transportation: I-405 Councilman Persson also commented on the expansion of 1-405, saying that the Expansion, Traffic Problems State's plan to restripe Mill Ave. S. will not work, and when Houser Way S. is closed, the street and the bridge need to be reengineered. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 6/26/2006. Council concur. 6/26/2006 Appointment: Airport Mayor Keolker appointed Frank Marshall, 3521 SW 327th St., Federal Way, Advisory Committee 98023, to the Airport Advisory Committee as Airport Leaseholders alternate representative (term to expire 5/7/2007). Refer to Community Services Committee. City Clerk: 2006 Renton City Clerk reported the official population of the City of Renton as of 4/1/2006 Population to be 58,360 as calculated by the State of Washington Office of Financial Management. Information. Vacation: Park Ave N, City of City Clerk reported that petitioner City of Renton has met all conditions of Renton, VAC-04-005 approval, as set by Council on 1/24/2005, for the vacation of portions of Park Ave.N. related to The Landing site development, and recommended approval of the required ordinance. Council concur. (See page 240 for ordinance.) July 10,2006 Renton City Council Minutes Page 239 Appeal: Lake WA/May Creek City Clerk reported appeal of Hearing Examiner's decision regarding the Lake Dredging Permit, Barbee Mill Washington/May Creek dredging permit application; appeal filed on 6/8/2006 Company, SP-05-138 by Barbee Mill Company,represented by Michael Lloyd,Lloyd&Associates, Inc.,38210 SE 92nd St., Snoqualmie, 98056, accompanied by required fee. Refer to Planning and Development Committee. Community Services: Disaster Community Services Department recommended approval of a joint agreement Relief Supply Building, Fire and memorandum of understanding with King County Fire Protection District District#25 & American Red #25 and the American Red Cross, serving King and Kitsap Counties, Cross concerning the disaster relief supply building and its supplies. Refer to Public Safety Committee. Development Services: Finseth Development Services Division recommended acceptance of a deed of Short Plat, ROW Dedication, dedication for additional right-of-way at Morris Ave. S. to fulfill a requirement Morris Ave S, SHP-05-027 of the Finseth Short Plat. Council concur. Development Services: Pelton Development Services Division recommended acceptance of a deed of NE 20th St Short Plat, ROW dedication for additional right-of-way at the corner of Edmonds Ave.NE and Dedication,SHP-05-119 NE 20th St. to fulfill a requirement of the Pelton NE 20th St. Short Plat. Council concur. Development Services: Annies Development Services Division recommended acceptance of a deed of Place II Short Plat, ROW dedication for additional right-of-way at the corner of Lyons Ave. NE and NE Dedication,Lyons Ave NE, 2nd St. to fulfill a requirement of the Annie's Place II Short Plat. Council SHP-05-167 concur. Finance: Bond Issuance, S Finance and Information Services Department requested approval of an Lake WA Infrastructure & SW ordinance authorizing the issuance of Limited Tax General Obligation Bonds in 27th St/Strander Blvd the amount of$20,665,000 for constructing transportation and utility Extension Projects infrastructure improvements for the South Lake Washington and the SW 27th St. and Strander Blvd. projects. Council concur. MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Utilities Committee Chair Clawson presented a report recommending Utilities Committee concurrence in the staff recommendation to authorize the Mayor and City Clerk Utility: Sanitary Sewer Flows, to execute an interlocal agreement with Skyway Water and Sewer District to Skyway Water and Sewer allow for the conveyance of a portion of the district's flow through the City's District system. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 249943 - 250357 and two wire transfers totaling $3,310,151.65; and approval of Payroll Vouchers 64061 - 64424, one wire transfer, and 635 direct deposits totaling $2,101,203.45. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3827 A resolution was read authorizing the Mayor and City Clerk to enter into an Utility: Sanitary Sewer Flows, interlocal agreement with the Skyway Water and Sewer District to provide, Skyway Water and Sewer within the subject area,the option of the district connecting its sewer facilities District to Renton's sewer facilities. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. r July 10, 2006 Renton City Council Minutes Page 240 The following ordinances were presented for first reading and referred to the Council meeting of 7/17/2006 for second and final reading: Vacation: Park Ave N, City of An ordinance was read vacating four portions of right-of-way, a total of Renton, VAC-04-005 approximately 21,795 square feet,along Park Ave. N. between N. 8th St. and Logan Ave. N. for the proposed "The Landing" site development street system (City of Renton; VAC-04-005). MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 7/17/2006. CARRIED. Finance: Bond Issuance, S An ordinance was read relating to the incurrence of indebtedness; providing for Lake WA Infrastructure& SW the sale and issuance of Limited Tax General Obligation Bonds,2006, to 27th St/Strander Blvd provide part of the costs of constructing transportation and utility infrastructure Extension Projects and improvements in the City;providing for the date, denominations, form, terms, registration privileges, maturities, interest rates and covenants of the bonds; providing for the annual levy of taxes to pay the principal thereof and the interest thereon; establishing a debt service fund for the bonds; and providing for the sale and delivery of such bonds to D.A. Davidson&Co., Seattle, Washington. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 7/17/2006. CARRIED. NEW BUSINESS Referring to a previous speaker's comments (Mr. Walker) regarding the Sir Planning: Sir Cedric Cedric Condominium redevelopment, Councilman Clawson stated that these Condominium Redevelopment, types of higher density residences are affordable to many people, and the City Highlands Area should keep this in mind when looking at rezoning the Highlands area. AUDIENCE COMMENT Sandel DeMastus, Highlands Community Association(HCA) Vice President, Citizen Comment: DeMastus- PO Box 2041, Renton, 98056,commented that the HCA was one of the groups Fireworks Ban, Victim of that supported the City's ban on fireworks, and noted that she heard very few Attack at Residence fireworks this year. Additionally,Ms. DeMastus expressed her desire that more police officers be assigned to the Highlands area, saying that had there been more officers in the area, someone may have noticed her attacker entering her house. Citizen Comment: Petersen- Inez Petersen,PO Box 2041, Renton, 98056, indicated that she is the secretary Various of the Highlands Community Association (HCA) even though she does not live in the neighborhood. She explained that she has close ties to the neighborhood, and she works hard for the community. On another topic,Ms. Petersen suggested that citizens groups be allowed to make presentations at Committee of the Whole,or some other venue, where they are not restricted by the five- minute audience comment rule. Additionally, she suggested that the following requirements be considered the next time the City's travel policy is reviewed: justification for the trip and a trip report. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:09 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann July 10, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING July 10, 2006 *Revised* COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 7/17 *Second Quarter Financial Report (Corman) 6 p.m. COMMUNITY SERVICES MON., 7/17 Marie McPeak Appointment to Municipal (Nelson) 5:30 p.m. Arts Commission; Frank Marshall Appointment to Airport Advisory Committee FINANCE (Persson) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY MON., 7/17 Agreement with Fire District#25 & (Law) 5 p.m. American Red Cross Concerning Disaster Relief Supply Building and its Supplies TRANSPORTATION(AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON ♦ ♦ Mayor Kathy Keolker Now P rocZaM'w(,tC Whereat; the Washington Alaska Military Cable and Telegraph System(WAMCATS) was established by an act of Congress in 1900; and Where t ', in order to establish and maintain year-round communications throughout the Alaska Territory and to the state of Washington, Major General Adolphus W. Greeley appointed Lieutenant (later Brigadier General)Bill Mitchell, of the U.S. Army Signal Corp, to go to Alaska in the spring of 1901 to engineer and build a telegraph and undersea cable system to meet military and civilian requirements; and Wh.erea4; in 1936,with the advancement of communication technology, including radio and telephone, WAMCATS was renamed the Alaska Communication System (ACS)to expand and maintain affordable long distance civilian and defense radio,telegraph, and telephone systems throughout the Territory of Alaska, connecting to the United States through the state of Washington; and W herea.; Washington State was the headquarters and command center of ACS and most of the enlisted and officer volunteers were recruited from the Territory of Alaska and Washington State;and Wherea.; during World War II,ACS personnel helped the Army liberate the Aleutian Islands from Japan; and W hes'ect the men and women of the ACS/WAMCATS organization have contributed to the history of these two great states, and have maintained annual reunions for the past 36 years to recognize and celebrate their legacy from 1900 to 1962; Now, Thorefore; I,Kathy Keolker, Mayor of the City of Renton, do hereby proclaim July 12, 2006, to be ACS -505th' WitMCIIrs Doty in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof,I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 10th day of July,2006. E 67/\'/;.•vr Kathy Ke.1 •r Mayor of the City of Renton, Washington , 1055 South Grady Way-Renton,Washington 98055-(425)430-6500/FAX(425)430-6523 RENTON AHEAD OF THE CURVE This paper contains 50%recvded matarial 10%nnct rme.irrwr E ' TIFICATE OF pprocucutity-vii The Mayor and Renton City Council present this award to c timidity B umejor In recognition of your consistent efforts to develop and implement a workplace Commute Trip Reduction program, resulting in one of the lower single-occupancy-vehicle commute rates among employers in the city of Renton. Our sincere gratitude and congratulations are extended to you for your tireless commitment to success. eititani A lit)awd/ Ktigke,„.„ thy Keolker,Mayor Ran y Corman,Council President City of Renton July 4th Holiday • Ban continued in 2006 • Same basic strategy used • Mayors Office, Police/Fire, and Community Services worked closely • Same comprehensive message sent out • Varied approach The Strategy • Posters • Utility flyers • Neighborhood notices • Press Releases • Alternative (Coulon event) The Plan • Simple points • Target juveniles as well as adults • Provided alternate (Event at Coulon) • Covered as many media angles as possible • Again used multiple methods to disseminate consistent message How We Spread The Word • Renton Reporter Ad • Utility Bill — 60,000 + notices mailed • Neighborhood Groups — Notices went into all newsletters • Posters — Placed in area businesses and multi- family complexes 2006 Posters ,,,00 No se aermiten - No Firerorkstued aegosrt1flCl�les II tsabametavue...a Fireworks Ban Continues 'A parte del ZOOS. todoe as Free Event amara animates eon degeaes ' caskstdo dentro de os Gdzam are snco rued to ALL fireworks are illegal anywhere li s4as de a luded tie Renton en attend tha free RUNIC ma/lento,Include"4 d ¢ Rents* Fabulous within the Renton City limits at all IA. 4tewat(s d m fasddia'a Fmrth d MY''cm the 4th of Totle perm.we Yenta',POOBa ... ,hdy,at Costae Benda Pmts. times,including the 4th of July. L atoll*adid a eula+two de haws measles. *stere swap a una lesson dux o*Ma Masten/items nueaua Violations Let's Continue to Work Together to Keep *Wad•eeura Renton Sate this Fireworks Season Anyon� Being poesessng or temp aM,land borate vat be Evento Gratuito Baum to oche a as a armored ,�,. Estadisticas dal Estado da Washington en 2003 obese. ;I Se exnata a los Cndida Os a rinser a la presentation • 1,072 inoandias debkl*a fuagos artificial** fires for stddpns can � I j enlicaFre de tuegos anRantes (oro POO tail swans b 3500 • en reddie's Club of Renton auk citations I Fabulous Fourth of July el • 54,233,358 on donee a cause de/taigas 1Pia 4 de rube en Cotte ,.le Beach Par( artificiales I Use d sieptoaive dmdees Baas se i 8e'i and salary shall u a , '" I Las mattes por lohbi acctones • 244 lesion*,dodo a fueges artificial** felony. Anyone (nerd in 'burden ptomedear desde 3100 possession of swan dahas adt Pot aobCMones publican Rasta • 8 inaidentes de amputaoion de manes o dedos be cnod and prasewnad. 'a► 3X10 pa'cftadmes wales a cause de fuegos artifieiales 1jpQ$Fireworks E,use as errorema rod oatVes Statistics: I Woo coma"SW a c"° d. Para demrneiar a losTo Report Violators: « `� ee pr<.a inhaetores Mame at: l Na Repand try'aias Po... w. .mantle Ns&vaned Ptopeny Lasaa>ve.sesa es mw an.swx*easel, 8.1•t 611:11110 Ca/I -�-7 w acacia.y sera peoeesade Positive Results • Past examples in neighboring cities showed it takes approximately three years to see satisfactory results after the onset of ban • The City of Renton experienced a substantial decrease in the amount of fireworks responses and damages in 2005 , the first year of the ban. • This level of success continued in 2006 Fire Response Statistics 2003 2004 2005 2006 Structure Fires 3 2 0 0 Vehicle Fires 0 3 0 0 Brush/Grass Fires 25 12 1 4 Port-a-potty Fires 1 1 0 0 Dumpster Fires 2 1 1 0 Bomb Incidents 0 2 0 2 InjJuries 2 0 1 * 0 Fence Fires 0 0 0 1 Alarm by Smoke 0 0 0 1 * 2005 injury not in our jurisdiction — responded mutual aid Total Monetary Damage Loss From Fireworks 2003 $477,750 2004 $73 ,659 2005 $0 2006 $ 1 ,300 Jurisdictional Comparison 2006 • City of Renton $ 1 ,300 • City of Kent $200,000 • City of SeaTac $2,730,000 • City of Bellevue $0 Bans exist in Renton, SeaTac and Bellevue - Kent has not passed a ban Enforcement Adjustments were made after evaluating last year • Began July 3 with Police/Fire patrols July 3 — One Team July 4 — Three Teams July 5 — One Team • All enforcement by the teams RPD Fireworks Related Calls for Service July 1st — July 10th Total Calls - 200 • 129 - unable to locate person/problem • 1 warrant arrest • 6 citations - 4 adults and 2 juveniles Geographical Breakdown Calls by Police District • Highlands (R7, R8 , R9) 134 • Downtown (R4, R6) 32 • South (R1 , R3) 34 Confiscated Fireworks Year Number of pieces 2003 2,000 2004 7 ,000 2005 36,300 2006 35 ,000 Summary • Communication was again key in a successful outcome • Decrease in incidents and monetary loss compared with years prior to ban Adjustments for 2007 • More emphasis on non-English Literature • Provide info to neighboring jurisdictions to be posted at fireworks stands • Signage at city limits informing both citizens and visitors of the ban REVISED 7/7/2006 (cY O se STREET NAMING AMENDMENTS PUBLIC HEARING COUNCIL CONSIDERATION OF CHANGES TO RMC 9-11 STEET GRID SYSTEM July 10, 2006 For years, the City has imposed a system for naming streets based in which avenues, which run north/south, are named after cities and towns in Washington and east/west streets are numbered. Additionally, all streets in the City are given directional prefixes or suffixes (NE, SE, etc.) with Downtown Renton as the center point. The names of avenues established in the adopted code have expired. Given the large amount of annexation on the East Renton Plateau, the City is quickly nearing the end of a round of alphabetical naming of avenues with names of Washington cities and towns. With the possibility of annexing very large areas of the Potential Annexation Area (PAA), thousands of residents would be required to change their addresses to conform with the street naming system. This has been cited as a reason not to annex. In that past, conformity with the street naming convention was essential to police and fire crews and their ability to quickly locate and respond to emergency calls. Now, with the establishment of geographic information systems (GIS) and data terminals in all emergency vehicles,this requirement is no longer necessary. The following changes are proposed for the street naming system: • References to State Route 405 will be corrected to read Interstate 405 • Newly annexed areas will retain their current addresses, with the exception of those areas in the East Renton Plateau bounded by Interstate 405 to the west, 159th Ave SE (Zillah Ave. SE) to the east, May Valley Rd to the north, and Maple Valley Hwy to the south. • Newly annexed areas bounded by Interstate 405 to the west, 159th Ave SE (Zillah Ave. SE) to the east, May Valley Rd to the north, and Maple Valley Hwy to the south will be assigned addresses according to the Renton Street Naming System. • The roadway known as SE May Valley Rd would retain its name and numbering system, the portion of the roadway now known as NE 315t St would be restored to the original name and numbering system. • The street named Vesta Ave NE will be renamed Vantage Blvd NE. • Annexed segments of 156th Ave SE, south of NE 4th St/ SE128t Street; SE 142❑d Pl, between 154`''Ave SE/Toledo Ave SE; and 154th P1 SE; shall be renamed Vantage Blvd; • Annexed segments of 156th Ave SE, south of the intersection with SE 142id Pl, shall be renamed Vantage Court SE; • Annexed segments of 156th Ave SE,north of NE 4th St/SE 128th St shall be renamed Vantage Pl; • Annexed segments of 68th Ave S, south of Martin Luther King Way, shall be renamed Monster Rd SW; • Annexed segments of SE Carr Rd, SE179`h St, SE 176th St, and SE Petrovitsky Rd shall be renamed SECarr Road west of 108`h Ave SE and SE Petrovitsky Rd east of 108th Ave SE; and • Annexed segments of SE Renton-Maple Valley Hwy shall be renamed Maple Valley Hwy. � . Street Grid Naming System — ` Amendments to RMC 9-11 --,'.:='-:,/::14,..:„;-u.-• _ . City Council Hearing .. July 10,2006 Current Naming System Issues with the Current System The names of avenues established in the adopted .All Avenues(running north/south)are named code have expired. after cities and towns in Washington. The City is near the end of a round of alphabetical .All Streets(running east/west)are numbered. naming of avenues with names of Washington .Directional prefixes are assigned with Downtown cities and towns. Renton as the center point. •If annexed,thousands of residents in the PAA Upon annexation,all roadways are renamed to would be required to change addresses. conform with this system. Conformity with the current system is no longer necessary for the provision of efficient emergency service. Proposed Changes-East Plateau Proposed Changes- General Street Grid Retention ( Most newly annexed areas will retain current ,„ Annexed areas south address and not be integrated into City naming of May Valley Rd., -� ;' system, numberingsystem,or directional north of Maple Valley 1"a Y Y7,:j',.,L- '+1 • prefixes. Hwy.,west of I-405, _:_k _ and east of SE 1., Annexed segments of Renton Maple Valley Rd 159th/NE Zillah will be _ ., . will be renamed Maple Valley Highway. renamed and �- -%-. • South of Martin Luther King Way,annexed numbered according !I y:; ,, . segments of 68th Ave S will be named Monster to the City Street " C Y - 4 Rd. Grid. I_:: 1 • Proposed Changes- May Valley Proposed Changes- Vantage Road Vesta Ave NE will be 1,t * t The unincorporatedportions of MayValleyrenamed Vantage Blvd ;27 {f ** " P Road will remain with County name and x . Vantage Boulevard(SE numbering system. 1561)will start south of .- ,� , r P t The portion of May Valley Road that NE 4th and follow SE :. -41,.,..; ‘,.'', .142m 142"x'and 15401 PI to � f became NE 31st Street when annexed will Maple Valley Hwy , ,;, be restored to the County name and . s,K1,,of ft ,4�,I,SE ''',-,:.4`.:::‘,',.. .i.„ :'�.L.• i numberingsystem. t3a' ,ii b r:.n7ed y E. t. Vantage Court S ; E. North of NE 41,SE 1561" will be named Vantage PI. Proposed Changes- Carr Road Conclusion West of 108th Ave SE= t,i ' ,,,Ty. It is a logical time to stop the existing street SE Carr Rd.,SE 179th ,, .,.,, -, _� ' �" naming convention. St.,SE 176th St.,and t, �. „ 4-> <` ° Will prevent the unnecessaryinconvenience and SE Petrovitsky Rd :.:.1,,,.%'„,,,.,_,,, .;4 costthatannexing property owners, residents, shall be named Carr K Rd. ' _ ., r �i �" and businesses face through an address change. apt of 1f�8 I Ave SE- r' -' May create a small amount of additional work Cie rcadtgay will bt. _ ,- '� load for staff to identify addresses within City Petrovitsky, .,--;' „iarE limits. Next Steps ��- # ,^ Take feedback to Planning and Development Committee for further ` .; discussion. 4ittl Y_x The Committee will return a final recommendation to Council for consideration and adoption. 2 RA/'c IIarii5 ddtresfno " From: <TabTabacek@aol.com> *s..• To: <council@ci.renton.wa.us> Date: Wed, Jun 28, 2006 4:35 PM Subject: Public hearing July 10th I just received notice of public hearing on July 10th regarding changing the street name back to SE May Valley Rd. I will be unable to attend because I am a volunteer campground host for the State of Washington, and will be out of town, however, I want to be on record that I agree with changing back to the original name. I was disappointed that I didn't have a chance to voice my opinion when it was changed to 31st ST. in June of last year. Do you realize the cost of changing addresses of everything you have not to mention the problems of having deliveries, nobody could find it on the map, and a year later they still can't. For this reason I would welcome going back to the original address, but before you change addresses, think about the expense to change addresses. But I want you to know I still enjoy being part of Renton. August R Tabacek 5531 NE31st ST Renton, WA 98059 425 271-1195 New *la w �ti` Y 0� ADMINISTRATIVE, JUDICIAL, AND ♦ + LEGAL SERVICES DEPARTMENT IP;�NTO� MEMORANDUM DATE: July 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • The City's bond credit ratings are being reviewed in anticipation of the bond sale in mid-July. After several days of meetings and numerous follow-up telephone conversations, we are pleased to announce that both Fitch Rating Services and Standard and Poor's have upgraded the City's credit rating to AA- (From A+). The highest possible rating is AAA. The rating upgrade will reduce costs to the community for the planned bond issuance. • The City was awarded a $2,054,314 Economic Development Administration (EDA) grant through the U.S. Department of Commerce for the South Lake Washington Infrastructure Improvement Project. The grant will contribute to city and state resources to build road, water, sewer, and storm water infrastructure to support the commercial redevelopment of the surplused Boeing property, including The Landing. Special thanks to Congressman Dave Reichert and his staff for garnering a quick response from EDA headquarters. Their efforts ensured that the City could proceed with construction this week. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • Construction work on the South Lake Washington road and infrastructure improvements associated with The Landing project is scheduled to begin this week. The appeal against the infrastructure project has been dropped. Construction will begin with re-striping Garden Avenue north of North 8th Street into three lanes rather than four in order to accommodate truck traffic. Beginning July 18th, Park Avenue is scheduled to be closed between North 8th Street and the North Park Drive connector, with traffic detoured onto Garden Avenue North. On July 6th, two large electronic readerboard signs were placed on northbound and southbound Park Avenue to alert travelers of the pending traffic revisions. All area transit agencies have been notified and are making route revisions effective July 15th. Administrative Report July 10,2006 Page 2 COMMUNITY SERVICES DEPARTMENT • Two trees will be removed for safety reasons from Riverview Park, 2901 Maple Valley Highway, on July 17th and 18th. One of the trees is a black cottonwood with a hollow base that leans over the bridge entrance and parking lot. The other is a big-leaf maple with a large cavity and advanced decay in its base. The big-leaf maple will be replaced with another of the same species next spring. The parking lot will be blocked to public access during the removal but will re-open in the evening. No picnics are scheduled for either day. • The 21st Annual Summer Teen Musical"Damn Yankees"will begin its run on Friday, July 21st. The show has been cast with 22 Renton area teens. Call 425.430.6751 for tickets and information. • Summer is in full swing and so are Renton Day camps. The program is operating at over 90 percent capacity and will serve approximately 1,500 preschool, youth, and teen participants this summer. • The Recreation Division has partnered with the Renton Police Department to provide summer lunches and recreation activities at Royal Hills Apartments. The program serves 75 lunches daily. Another summer lunch program offered at the Renton Housing Authority complex in the Renton Highlands provides lunch and recreation programs to over 35 children each day. For more information on Renton's summer lunch programs, call 425.430.6700 or visit www.ci.renton.wa.us. • The Recreation Division's Special Olympics Unified Softball Team, the Renton Raiders, played a one-inning exhibition game prior to the Seattle Mariner's game at Safeco Field on July 8th. Unified teams consist of at least six Special Olympics athletes and six non-disabled partners practicing and playing as a team. This program encourages the development of friendships between disabled and non-disabled participants. • The first "Play Day in the Park" of the summer was held on June 28th at Kiwanis Park. Co- sponsored by Renton Kiwanis and Greater Renton Kiwanis, games, crafts, and inflatables were enjoyed by approximately 250 youth ages 6 to 11. For a complete "Play Day in the Park" schedule, call 425.430.6700 or visit www.ci.renton.wa.us. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The Falcon Ridge Homeowners Association will hold their annual neighborhood picnic on Thursday, July 13th, from 5:30 to 8:30 p.m. in their Neighborhood Common Area, located at the front entrance into the neighborhood at SE 8th Place. Residents are encouraged to bring their favorite potluck dish and attend their picnic to get to know their neighbors and meet City representatives. Cl/6L/ k 71, 'th 7/Co/took Sir Cedric Condominiums Repair and Restoration Project 3233 NE 12th St, Renton Partners Project Architect: Sandler Kilburn Architects, LLC Elevation of siding scheme;top floor siding will be General Contractor: McBride Construction horizontal lap siding-this scheme shows shake siding. Resources, Inc, N til d 40, Current Conditions Q 1-2007 The Sir Cedric Condominiums Homeowners'Association has begun the first major residential renewal project in the Renton Highlands. This$1.4 million,six-month project will include repairing rot,removing and replacing existing siding with hori- zontal lap siding,repairing decks,and waterproofing the building envelope. The project was funded by individual unit owners through a lump-sum special assessment. 411 'Indammel 11,11 "Kmitk,N, IMO Contact Colin Walker,President,Sir Cedric Homeowners'Association Board of Directors,3233 NE 12th St#301,425-269-8182,or colin@colinwalker.org for more information on this project. f y. 7/1/1,1---:,( 8-7-1 1; + D r" 1° e> is 5 c it e <, 8-7-3 f' CHAPTER 7 NOISE LEVEL REGULATIONS SECTION: any motor vehicle, motorcycle, off-highway ' vehicle, or internal combustion engine, 8-7-1: Motor Vehicle Noise Performance within a rural or residential district, so as to Standards unreasonably disturb or interfere with the 8-7-2: Maximum Environmental Noise Levels peace, comfort and repose of owners or pos- 8-7-3: Public Disturbance,Noises sessors of real property. 8-7-4: Designation Of Zoned Areas 8-7-5: Penalties For Violation D. The use of a sound amplifier or other device 8-7-6: Content Not:,Governing Sound capable of producing, or reproducing ampli- 8-7-7: Severability fled sound upon public streets for the purpose 8-7-8: . Variances And Appeal of commercial advertising, or sales, or for charging the attention of the public to any vehicle, structure or property of the contents 8-7-1: MOTOR VEHICLE NOISE therein, except as permitted by law, and PERFORMANCE STANDARDS: except that vendors whose sole method of The City Council of the City hereby selling is from a moving vehicle shall be adopts Washington Administrative Code Sections exempt from this subsection. 173-62-020, 030, and 040. E. The making of any loud and raucous sound within one thousand feet (1,000') of any 8-7-2: MAXIMUM ENVIRONMENTAL school, hospital, sanitarium, nursing or con- NOISE LEVELS: • valescent center. The City Council of the City hereby adopts by reference Washington Administrative 1 ':,.. - • F egror .-E Task Code Sections 173-60-020, 040,050, and 090. . .. I.•. ;, •,, 0r � - " 7 ' 4 a rwa�Y.�•�l IAC� :-.,.1..4... 8-7-3: PUBLIC DISTURBANCE,NOISES: w. :_.. e :•t n .gR°uri c c,5 .!' 147,,!Ye4,11' ur • •y _vreZt _PeEs _ J-. 7,1_1,r":,_, c . -"''.,.{*'_"-r.. bye .-.f,.�rA —.A .I-.- ,7-;- .Ay- '-- uex.-..-. c L .vG..�c.. m A. Frequent, repetitive or continuous noises - `="."","c_- araa4W-iii.,eTim, t✓ made byanyanimal which unreasonablydis- _:•t�w _ :dt:.� ,s.�.:.5._»1 �e) sb atteAeA.l��'i''—. turbs or interferes with the peace, comfort or repose of property owners or possessors, except that such sounds made in animal shel- H. Any sound from a motor vehicle audio system ters, commercial kennels, veterinary hospi- or portable audio equipment such as a radio, tals, pet shops, or pet kennels licensed as tape player or compact disc player which is such, shall be exempt from this subsection. operated at such a volume that it interferes with conversation or which causes vibrations B. The frequent, repetitive or continuous sound- to be felt from a distance of seventy five feet ing of any horn or siren attached to a motor (75') or more from the source of the sound. 1 vehicle, except as a warning of danger, or as (Ord. 4301, 12-17-90) Ispecifically permitted or required by law. C. The creation of frequent, repetitive or contin- uous sounds in connection with the starting, operation, repair, rebuilding, or testing of 397 • City of Renton *knee f'nLf a //42— or i /7- l l From: Kevin Milosevich To: Alexander, April; Covington, Jay; Keolker, Kathy; Medzegian, Julia; Walton, Bonnie Date: 7/10/2006 5:17:25 PM Subject: Re: citizen at Council meeting tonight The Police Department received the call at 10:17 PM on Friday. The officers arrived at 10:28 PM , and cleared at 10:38 PM. Whether or not the noise violated the RMC depends on the officers at the scene. >>>April Alexander 7/10/2006 4:55:16 PM >>> Leslie Betlach (Parks Director) passed on the following information; this citizen talked to her today. Dennis Peschek(13451 SE 141st, Renton, 425-228-3140)may be at Council tonight to discuss noise ordinance issues in regards to the River Rock Restaurant and their live weekend entertainment. The entertainment occurs June through mid-September, is outside on the patio, and goes from 8:30pm to approximately midnight. On Saturday, July 8, Mr. Peschek called 911 to report the noise from the restaurant's live entertainment. Officer Brecht responded to the call, and requested the restaurant to turn down the volume on the music, which they did. Mr. Peschek is claiming that the live music on the weekend violates the City's noise ordinance. Mr. Peschek lives above the restaurant/golf course on the ridge. April Alexander City of Renton Executive Secretary to the Mayor 1055 S. Grady Way Renton, WA 98055 425-430-6500 425-430-6523 (fax) analexanderci.renton.wa.us 1, CITY OF RENTON COUNCIL AGENDA BILL v#: , Submitting Data: For Agenda of: July 10, 2006 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Airport Advisory Committee Appointments: Ordinance Mr. Frank Marshall Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Keolker appoints the following to the Airport Advisory Committee: Mr. Frank Marshall, 3521 SW 327th Street, Federal Way, WA 98023 (Airport Leaseholder alternate position), for a term expiring on May 7, 2007. STAFF RECOMMENDATION: Confirm Mayor Keolker's appointment of Mr. Frank Marshall to the Airport Advisory Committee. t CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE sour If you are interested in participating in local government by membership on any of the following City boards, commissions,or committees,please complete this application and return it to: Office of the Mayor "E 1.s City of Renton 1055 South Grady Way c Renton, WA 98055 Check the boards/commissions/committees in which you are interested: Cd AIRPORT ADVISORY COMMITTEE* 0 PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMII-VEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* 0 TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* *Special membership requirements apply% Visit www.ci.renton.wa.us or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR.Fi MS.❑ NAME Frank Marshall DATE June 7,2006 ADDRESS 3521 SW 327th Street, Federal Way,WA ZIP CODE 98023 ,tlow PHONE: DAY 425-237-2332 NIGHT 253-838-1661 EMAIL franklinmarshall@comcast.net RENTON RESIDENT? No IF SO,SINCE WHEN? CITY OF FORMER RESIDENCE Have resided at current Federal Way address since 1968. EDUCATIONAL BACKGROUND BS, MS, and PhD from California Institute of Technology, 1962, 1963, and 1966, respectively. Private contractor with Boeing Employees OCCUPATION Certified Flight Instructor EMPLOYER, Flying Association (BEFA). OCCUPATIONAL BACKGROUND Retired after 32 years at the Boeing company as a research engineer, engineering manager, and for the final half a dozen years, the Engineering Payroll Administrator. COMMUNITY ACTIVITIES(organizations/clubs/servicegroups.etc.) President of BEFA, Chairman of the Federal Way Independent Salary Commission, Big Brother with Big Brothers Big Sisters of King and Pierce Counties, mission pilot with Angel Flight West. REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE Represent an airport tenant (BEFA) and hopefully contribute to the vision for the future of the airport. CAN A I1 END DAY MEETINGS? Yes CAN ATTEND NIGHT MEETINGS? Yes leap" Applications will be kept on file for one year.If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 4Z5-430-6500. 050305 CITY OF RENTON COUNCIL AGENDA BILLL AI#: Jfr , j' Submitting Data: For Agenda of: 7/10/2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Official City of Renton 2006 Population Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Letter from State Office of Financial Management Study Sessions Information X Recommended Action: Approvals: Informational Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. The State of Washington Office of Financial Management has provided the April 1, 2006,population determinations for cities, towns and counties. The 2006 population for the City of Renton is 58,360, ranking 14th in the State. sTATF,0,4 '`V CITY OF RENTON U•1 SI 4' '1 1889�C y JULf 0 5 2006/n� V U RECENED STATE OF WASHINGTON airy Ot2RICS OFFICE OFFICE OF FINANCIAL MANAGEMENT Insurance Building, PO Box 43113• Olympia, Washington 913504-31l 3• (360) 902-0555 June 29, 2006 Dear City, Town, and County Officials: This letter officially transmits April 1, 2006,population determinations for cities, towns, and counties. These 2006 population determinations will be used to allocate certain revenues to local governments according to RCW 43.62.020 and RCW 36.13.100. Allocations to counties based on these numbers should begin fall 2006. Allocations to cities and towns based on these numbers should begin in January 2007. As required by the Growth Management Act this letter also transmits the percentage increase in population for each county over the preceding ten years,'April 1, 1996 through April 1, 2006. Iti..r These April 1, 2006,population determinations are being sent to the highest elected official in all local jurisdictions, the population contact for all cities and towns, county planners, and regional planning agencies. Please inform other interested persons of these figures. If you have any questions,please contact me at(360) 902-0599. Sincerely, Theresa J. Lowe Chief Demographer Enclosures , April 1 Population of Cities,Towns, and Counties Used for Allocation of Selected State Revenues State of Washington Caution: Annual change may not be valid due to corrections and data changes. Estimates for individual years may not be comparab' Estimates in this series are not revised based on information that becomes available after the estimate date. Evaluate growth by NISlooking at the growth between the last census and most current estimate. County Census Estimate Estimate Estimate Estimate Estimate Estimate Municipality 2000 2001 2002 2003 2004 2005 2006 King continued Kirkland 45,054 45,770 45,790 45,630 45,800 45,740 47,180 Lake Forest Park 12,871 $ 12,889$ 12,860 12,750 12,770 12,730 12,770 Maple Valley 14,209 14,590 15,040 15,730 16,280 17,870 19,140 Medina 3,011 2,990 3,010 2,970 2,955 2,930 2,945 Mercer Island 22,036 21,970 21,955 21,840 21,830 21,710 21,860 Milton part 814 815 815 820 800 815 825 Newcastle 7,737 7,815 8,205 8,320 8,375 8,890 9,175 Normandy Park 6,392 6,405 6,395 6,345 6,400 6,385 6,415 North Bend 4,746 4,755 4,735 4,680 4,660 4,685 4,690 Pacific part 5,373 5,380 5,405 5,525 5,545 5,640 5,815 Redmond 45,256 45,490 46,040 46,480 46,900 47,600 49,890 Renton 50,052 51,140 53,840 54,900 55,360 56,840 58,360 Sammamish 34,104 34,560 34,660 35,930 36,560 38,640 39,730 _ SeaTac 25,496 25,380 25,320 25,100 25,130 25,140 25,230 Seattle 563,376$ 568,102 $ 570,802 $ 571,900 572,600 573,000 578,700 Shoreline 53,296 $ 53,421 $ 53,250 52,730 52,740 52,500 52,830 Skykomish 214 215 215 210 210 210 210 Snoqualmie 1,631 3,416* 4,210 4,785 5,110 6,345 7,815 * Tukwila 17,181 17,230 17,270 17,230 17,240 17,110 17,930 Woodinville 9,809$ 9,825$ 9,830 $ 9,905 9,915 10,140 10,350 Yarrow Point 1,008 1,010 1,010 1,000 990 960 970 Kitsap 231,969 233,400 234,700 237,000 239,500 240,400 243,40 Unincorporated 159,896 160,625 161,345 162,000 164,960 167,920 169,090 Incorporated 72,073 72,775 73,355 75,000 74,540 72,480 74,310 Bainbridge Island 20,308 20,740 20,920 21,350 21,760 22,200 22,600 Bremerton 37,259 37,260 37,530 38,730 37,520 34,580 35,910 Port Orchard 7,693 7,810 7,900 7,910 8,060 8,250 8,310 Poulsbo 6,813 6,965 7,005 7,010 7,200 7,450 7,490 Kittitas 33,362 34,000 34,800 35,200 35,800 36,600 37,400 Unincorporated 13,614 14,120 14,520 14,785 14,910 15,375 15,780 Incorporated 19,748 19,880 20,280 20,415 20,890 21,225 21,620 Cle Elum 1,755 1,755 1,775 1,775 1,785 1,800 1,810 Ellensburg 15,414 15,460 15,830 15,940 16,390 16,700 17,080 Kittitas 1,105 1,105 1,100 1,120 1,130 1,135 1,135 Roslyn 1,017 1,017 1,020 1,020 1,020 1,020 1,020 South Cle Elum 457 543 * 555 560 565 570 575 Klickitat 19,161 19,300 19,300 19,300 19,300 19,500 19,800 Unincorporated 12,536 12,665 12,720 12,775 12,765 12,960 13,160 Incorporated 6,625 6,635 6,580 6,525 6,535 6,540 6,640 Bingen 672 675 670 655 645 655 Goldendale 3,760 3,745 3,720 3,650 3,690 3,650 3,685 White Salmon 2,193 2,215 2,190 2,220 2,200 2,235 2,245 Lewis 68,600 69,500 70,200 70,400 70,700 71,600 72,900 Unincorporated 40,821 41,367 41,920 42,145 42,415 43,213 44,117 Incorporated 27,779 28,133 28,280 28,255 28,285 28,387 28,783 Centralia 14,742 14,950 15,040 15,110 15,200 15,340 15,430 Chehalis 7,057 7,015 7,055 7,010 6,980 6,990 7,025 Morton 1,045 1,040 1,050 1,025 1,015 1,025 1,127 Nied Mossyrock 486 490 490 485 480 480 485 Office of Financial Management,Forecasting Division June 29, 2006 • Rank of Cities and Towns by April 1,2006 Population Size Part Cities Combined into One Number for Ranking Purposes Population Rank '444.0. Municipality 2000 2001 2002 2003 2004 2005 2006 2000 2001 2002 2003 2004 2005 2006 Seattle 563,376 568,102 570,802 571,900 572,600 573,000 578,700 1 1 1 1 1 1 1 Spokane 195,629 195,700 195,500 197,400 197,400 198,700 201,600 2 2 2 2 2 2 2 Tacoma 193,556 194,500 194,900 196,300 196,800 198,100 199,600 3 3 3 3 3 3 3 Vancouver 143,560 145,300 148,800 150,700 152,900 154,800 156,600 4 4 4 4 4 4 4 Bellevue 109,827 111,500 117,000 116,400 116,500 115,500 117,000 5 5 5 5 5 5 5 Everett 91,488 95,990 96,070 95,470 96,840 97,500 101,100 6 6 6 6 6 6 6 Spokane Valley -- -- -- 82,005 83,950 85,010 87,000 -- -- -- 9 8 8 7 Federal Way 83,259 83,890 83,850 83,500 83,590 85,800 86,530 7 7 8 8 9 7 8 Kent 79,524 81,900 84,275 84,210 84,560 84,920 85,650 8 8 7 7 7 9 9 Yakima 71,845 73,040 79,120 79,220 79,480 79,480 81,710 9 9 9 10 10 10 10 Bellingham 67,171 68,890 69,260 69,850 71,080 72,320 73,460 10 10 10 11 11 11 11 Kennewick 54,751 55,780 56,280 57,900 58,970 60,410 61,770 12 12 12 13 13 12 12 Lakewood 58,293 58,272 58,662 58,940 59,010 58,850 59,000 11 11 11 12 12 13 13 Renton 50,052 51,140 53,840 54,900 55,360 56,840 58,360 14 14 13 14 14_. 14 14 __ } Shoreline 53,296 53,421 53,250 52,730 52,740 52,500 52,830 13 13 14 15 15 15 15 Redmond 45,256 45,490 46,040 46,480 46,900 47,600 49,890 15 16 15 16 16 16 16 Auburn 43,047 43,985 45,010 45,355 46,135 47,470 48,955 17 17 17 18 17 17 17 Pasco 32,066 33,010 34,630 37,580 40,840 44,190 47,610 26 26 25 23 21 19 18 Kirkland 45,054 45,770 45,790 45,630 45,800 45,740 47,180 16 15 16 17 18 18 19 Richland 38,708 39,350 40,150 41,650 42,660 43,520 44,230 20 20 19 20 20 20 20 Olympia 42,514 42,530 42,690 42,860 43,040 43,330 43,740 18 18 18 19 19 21 21 Edmonds 39,544 39,590 39,460 39,580 39,620 39,860 40,360 19 19 20 21 22 22 22 Sammamish 34,104 34,560 34,660 35,930 36,560 38,640 39,730 23 23 24 24 24 23 23 Puyallup 33,014 33,900 34,920 35,490 35,690 35,830 36,360 25 25 23 25 25 24 24 Bremerton 37,259 37,260 37,530 38,730 37,520 34,580 35,910 21 21 21 22 23 27 25 Longview 34,660 35,100 35,310 35,290 35,340 35,430 35,570 22 22 22 26 26 25 26 Lynnwood 33,847 34,010 33,990 34,500 34,540 34,830 35,230 24 24 26 27 27 26 27 Lacey 31,226 31,600 31,860 32,240 32,530 33,180 34,060 28 28 27 28 28 28 28 .'Yrllr' Marysville 25,315 26,770 27,580 28,370 28,800 29,460 32,150 36 34 34 35 34 33 29 Bothell 30,084 30,404 30,754 30,910 30,930 31,000 31,690 29 29 29 30 30 30 30 University Place 29,933 30,190 30,350 30,720 30,800 30,980 31,140 30 30 30 31 31 31 31 Burien 31,881 31,830 31,810 31,480 31,130 31,040 31,080 27 27 28 29 29 29 32 Walla Walla 29,686 29,500 29,550 29,710 30,500 30,630 30,660 31 32 31 32 32 32 33 Wenatchee 27,856 27,930 28,270 28,470 28,760 29,320 29,920 33 33 33 34 35 34 34 Des Moines 29,267 29,600 29,510 29,120 29,020 28,960 29,020 32 31 32 33 33 35 35 Mount Vernon 26,232 26,460 26,670 27,060 27,720 28,210 28,710 34 35 35 36 36 36 36 Pullman 24,948 24,540 24,910 25,300 25,905 26,590 27,030 37 37 37 37 37 37 37 SeaTac 25,496 25,380 25,320 25,100 25,130 25,140 25,230 35 36 36 38 38 38 38 Bainbridge Island 20,308 20,740 20,920 21,350 21,760 22,200 22,600 40 39 39 40 40 39 39 Oak Harbor 19,795 20,060 19,880 20,570 20,940 21,720 22,290 41 41 41 41 41 40 40 Mercer Island 22,036 21,970 21,955 21,840 21,830 21,710 21,860 38 38 38 39 39 41 41 Mountlake Terrace 20,362 20,370 20,470 20,380 20,390 20,390 20,390 39 40 40 42 42 42 42 Kenmore 18,678 18,790 19,180 19,200 19,170 19,290 19,680 42 42 42 43 44 44 43 Mukilteo 18,019 18,340 18,520 19,190 19,220 19,360 19,620 44 44 43 44 43 43 44 Issaquah 11,212 12,950 13,790 15,110 15,510 17,060 19,570 61 56 55 52 51 48 45 Maple Valley 14,209 14,590 15,040 15,730 16,280 17,870 19,140 51 51 49 49 49 46 46 Port Angeles 18,397 18,420 18,430 18,470 18,530 18,640 18,970 43 43 44 45 45 45 47 Tukwila 17,181 17,230 17,270 17,230 17,240 17,110 17,930 45 45 45 46 46 47 48 Mill Creek 11,525 11,970 12,055 12,260 12,760 14,320 17,460 60 60 61 63 63 61 49 Covington 13,783 13,840 14,395 14,850 15,190 16,610 17,240 54 54 53 55 56 50 50 Ellensburg 15,414 15,460 15,830 15,940 16,390 16,700 17,080 47 47 47 48 48 49 51 Moses Lake 14,953 15,210 15,420 15,730 16,110 16,340 16,830 48 48 48 49 50 52 52 Aberdeen 16,461 16,490 16,250 16,320 16,410 16,450 16,470 46 46 46 47 47 51 53 Anacortes 14,557 14,840 14,910 15,110 15,470 15,700 16,170 50 50 51 52 53 54 54 Monroe 13,795 14,210 14,670 15,160 15,480 15,920 16,170 53 52 52 51 52 53 54 Camas 12,534 12,970 13,540 14,200 15,360 15,460 15,880 57 55 56 58 54 55 56 Battle Ground 9,322 10,040 11,110 12,560 14,220 14,960 15,810 65 63 64 62 59 58 57 111.11' Arlington 11,927 12,770 13,280 14,330 14,700 14,980 15,430 58 58 57 56 57 57 58 Centralia 14,742 14,950 15,040 15,110 15,200 15,340 15,430 49 49 49 52 55 56 58 Bonney Lake 9,687 9,980 12,360 12,950 13,740 14,370 15,230 64 64 60 59 60 60 60 Rank of Cities and Towns by Numeric Population Change With Change due to Annexation April 2, 2000 to April 1,2006 Population Change 2000 to 2006 `isailii Rank by Population April 1 Population Numeric Numeric Change Due to Municipality 2000 2006 Change Change Annexation Pasco 32,066 47,610 15,544 1 1,769 Seattle 563,376 578,700 15,324 2 0 Vancouver 143,560 156,600 13,040 3 155 Yakima 71,845 81,710 9,865 4 9,462 Everett 91,488 101,100 9,612 5 4,700 Issaquah 11,212 19,570 8,358 6 2,495 Renton 50,052 58,360 8,308 7 ____________ 828 Bellevue 109,827 117,000 7,173 8 2,747 Kennewick 54,751 61,770 7,019 9 1,422 Marysville 25,315 32,150 6,835 10 2,762 Battle Ground 9,322 15,810 6,488 11 52 Bellingham 67,171 73,460 6,289 12 159 Snoqualmie 1,631 7,815 6,184 13 0 Kent 79,524 85,650 6,126 14 882 Tacoma 193,556 199,600 6,044 15 1 Spokane 195,629 201,600 5,971 16 1,469 Mill Creek 11,525 17,460 5,935 17 3,081 Auburn 43,047 48,955 5,908 18 529 East Wenatchee 5,757 11,420 5,663 19 5,290 Sammamish 34,104 39,730 5,626 20 0 Bonney Lake 9,687 15,230 5,543 21 1,682 ,, id Richland 38,708 44,230 5,522 22 29 Maple Valley 14,209 19,140 4,931 23 0 Redmond 45,256 49,890 4,634 24 401 DuPont 2,452 6,610 4,158 25 0 Washougal 8,595 12,270 3,675 26 134 Arlington 11,927 15,430 3,503 27 113 Covington 13,783 17,240 3,457 28 375 Camas 12,534 15,880 3,346 29 498 Puyallup 33,014 36,360 3,346 29 277 Lake Stevens 6,361 9,650 3,289 31 2,459 Federal Way 83,259 86,530 3,271 32 2,722 Lacey 31,226 34,060 2,834 33 4 Oak Harbor 19,795 22,290 2,495 34 37 Mount Vernon 26,232 28,710 2,478 35 56 Monroe 13,795 16,170 2,375 36 6 Bainbridge Island 20,308 22,600 2,292 37 0 West Richland 8,385 10,520 2,135 38 0 Kirkland 45,054 47,180 2,126 39 0 Pullman 24,948 27,030 2,082 40 16 Wenatchee 27,856 29,920 2,064 41 571 Moses Lake 14,953 16,830 1,877 42 280 Lynden 9,020 10,750 1,730 43 164 Ellensburg 15,414 17,080 1,666 44 66 Orting 3,931 5,560 1,629 45 0 Anacortes 14,557 16,170 1,613 46 0 Bothell 30,084 31,690 1,606 47 12 Mukilteo 18,019 19,620 1,601 48 0 Ferndale 8,758 10,280 1,522 49 0 CITY OF RENTON COUNCIL AGENDA BILL AI!{: 9 ( i Submitting Data: For Agenda of: July 10, 2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing.. Park Ave. North Street Vacation Request; Portions of Correspondence.. Park Ave. N. between N. 8th St. and Garden Ave. N; Ordinance X (City-initiated; File No. VAC-04-005) Resolution Old Business Exhibits: New Business Minutes of 1/24/2005 Study Sessions WSDOT Turnback Agreement Information Ordinance Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: On January 24, 2005, the City Council held a public hearing and approved the Park Ave. N. street vacation request for portions of Park Ave. N. between N. 8th St. and Garden Ave. N. This was a City-initiated vacation for the proposed Lakeshore Landing site development street system. No compensation or vacation application and processing fees were required or collected. As conditioned in Council's vacation approval, a temporary easement for stormwater utilities across Tracts H and I to expire upon completion of the proposed infrastructure improvements associated with the Lakeshore Landing development will be retained through the proposed ordinance, and a turnback agreement by the Washington State Department of Transportation has been approved and executed. Staff has now confirmed that all conditions have been met and no amounts are due. Therefore, the ordinance can now be adopted to finalize the vacation. STAFF RECOMMENDATION: Finalize the street vacation by adopting the ordinance 4411.1 Rentonnet/agnbill/ bh January 24,2005 Renton City Council Minutes Page 25 The Committee further recommended that staff be directed to explore expanding the boundaries of future annexations whenever it would result in *Now more efficient service areas and City boundaries, and be consistent with the Boundary Review Board objectives and City annexation policies. It is understood that Council might,in this regard, find it necessary to amend the proposed boundaries either at the Council petition level or by invoking jurisdiction at the Boundary Review Board. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMIFI EE REPORT. CARRIED. Vacation: Park Ave N, City of This being the date set and proper notices having been posted and published in Renton,VAC-04-005 accordance with local and State laws,Mayor Keolker-Wheeler opened the public hearing to consider the City-initiated request for vacation of four portions of right-of-way, a total of approximately 21,795 square feet,along Park Ave. N., between Garden Ave.N. and N. 8th St. The requested vacation areas are associated with the planned development of Lakeshore Landing, which consists of approximately 55 acres bounded by Logan Ave.N., Garden Ave. N., and N. 8th St. Karen McFarland,Engineering Specialist,explained that the City agreed to construct a new arterial street system to support the development of the property in the 2003 development agreement with Boeing. Additionally, Boeing agreed to dedicate certain properties for right-of-way, and the City agreed to vacate unused portions of existing right-of-way. In 2004, the Lakeshore Landing Binding Site Plan was approved that identifies specific tracts needed as right-of-way for construction of the Logan Ave. N.extension, a relocated Park Ave. N., and new sections of street for N. 10th St. and N. 8th St. Ms. McFarland stated that three portions of the right-of-way to be vacated are owned by the City(Tracts I,K,and N), and one is owned by the Washington State Department of Transportation(Tract H). Ms. McFarland noted the existence of two stormwater systems in two of the portions (Tracts H and I). Continuing,Ms. McFarland reported that the vacation request received no objections from City departments and outside agencies. The Utility Systems Division requested a temporary easement be retained to protect the existing stormwater systems,and the Transportation Systems Division pointed out that turnback approval is needed from WSDOT for Tract H. Ms. McFarland indicated that since this is a City-initiated request,no compensation is due. She concluded that staff recommends approval of the vacation request conditioned upon retaining the temporary easement and obtaining turnback approval. Public comment was invited. There being none, it was MOVED BY LAW, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL APPROVE THE REQUEST TO VACATE PORTIONS OF RIGHT-OF-WAY ALONG PARK AVE. N. SUBJECT TO THE FOLLOWING CONDITIONS: RETAINING A TEMPORARY EASEMENT FOR STORMWATER UTILITIES ACROSS TRACTS H AND I THAT WILL EXPIRE UPON `'o"" COMPLETION OF THE PROPOSED INFRASTRUCTURE January 24,2005 Renton City Council Minutes Page 26 IMPROVEMENTS ASSOCIATED WITH THE LAKESHORE LANDING DEVELOPMENT, AND APPROVAL AND EXECUTION OF A TURNBACK AGREEMENT BY WSDOT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: * The Renton Community Center will host a Preschool Information Night on February 2nd,from 6:30 p.m. to 8:00 p.m. * Free tax assistance will be provided for low and moderate-income taxpayers(income less that$50,000)by AARP in cooperation with the IRS. Appointments at the Renton Community Center are available beginning February 2nd and ending April 13th. * The Neighborhood Program will host a "Neighbor to Neighbor"Leadership meeting on February 5th. AUDIENCE COMMENT Keith Joslin, 14048 SE 158th St.,Renton, 98058, inquired as to the City's intent Citizen Comment: Joslin - or vision on annexations in relation to the Fairwood incorporation effort. Annexations Mayor Keolker-Wheeler explained that the Fairwood area has been in Renton's potential annexation area for a long time, and if it were to annex to Renton, the size of the City would double. She expressed her concerns regarding the maintenance of a certain level of service for City residents,and the generation of revenues by the annexation area. The Mayor further explained that the City is accepting of those interested in *void annexing to Renton; however,the City generally does not initiate annexation. Councilman Corman stated his belief that if Fairwood residents were to inquire as to what it would be like to annex to Renton,perhaps as a comparison to the Fairwood incorporation,the City would respond. Citizen Comment: Smith- Hilton Smith, 809 Fairview P1. N., Seattle, 98109,spoke on behalf of Waterways Cruises,Moorage Waterways Cruises, which operates dinner vessels and offers catering services. at Southport He relayed that his company has been in discussion with Southport(SECO Development)regarding locating one or more vessels and an event center in the Renton area that would involve permanent moorage. Mr. Smith noted that a 300 to 400 passenger vessel could draw numerous visitors to Renton. He explained that Waterways Cruises needs a five-year commitment,including parking, from Southport for permanent moorage, and he pointed out that currently only a two-year parking commitment is allowed. Responding to Councilman Corman's and the Mayor's inquiries, Mr. Pietsch noted that the City received a multi-faceted proposal from SECO Development late last week in regards to some outstanding issues between SECO and the City pertaining to the Southport project. He explained that the Southport project was permitted under an adopted planned action, and current zoning does not allow surface parking as a stand-alone use. Mr.Pietsch stated that parking is possible via a temporary use permit, which is valid for two years with possibly a one-year extension. He noted that the City will meet with the concerned parties to discuss accommodating SECO's short-term needs and other outstanding issues. CAG-06-100 INTERAGENCY AGREEMENT TB 1-0191 Washington State Department of Transportation and City of Renton SR 405, North Renton Interchange [South Lake Washington Roadway Improvements] THIS AGREEMENT is made and entered into between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Renton, 1055 South Grady Way, Renton, WA 98055-3232, hereinafter the "CITY." WHEREAS, the STATE has constructed a ramp and city streets, and/or other pertinent features as part of state route SR 405, and WHEREAS, the CITY is developing a project known as South Lake Washington Roadway Improvements, and WHEREAS, it is necessary to describe the transfer, ownership, maintenance, and reconstruction of certain properties, NOW, THEREFORE, pursuant to RCW 47.52.210 and in consideration of the terms, conditions, covenants, and performances contained herein or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1 The STATE and CITY agree to the transfer of properties as detailed on STATE plans entitled: (1) SR 405, North Renton Interchange, Vicinity & Total Parcel Detail Maps, Ownerships, sheet 1 of 3, approve April 27, 1965; (2) SR 405, Renton to Kennydale Plan Showing Access, sheet 2 of 2, approved January 19, 1954; and (3) SR 405, North Renton Interchange, Right of Way, sheet 2 of 3, approved April 27,1965, all included as Exhibit A, attached hereto and by this reference made a part of this AGREEMENT. 2. CITY AND STATE RESPONSIBILITIES 2.1 The CITY agrees to acquire fee title, including all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air), to, from and between the property colored green on Exhibit A and the remainder property from the Boeing Company in the CITY's name. Upon TB 1-0191 Page 1 of 4 TBI-0191-v19.doc acquisition of this property in fee with said access rights, the CITY will notify the STATE within 30 days. The notification will be in writing and will be sent to: WSDOT John Jensen, Real Estate Services Manager PO Box 330310, MS 118 Seattle, WA 98133-9710 Included with the notification will be a copy of the acquisition deed as well as a legal description, showing that fee title has been acquired, as well as all rights of access, light, view and air, as heretofore specified. 2.2 The CITY agrees to design and construct the facilities located on property colored green, to STATE standards as outlined in the STATE's current design and construction manuals and the most current Standard Specifications for Road, Bridge and Municipal Construction. Once constructed, the inspection and acceptance for the facilities will follow these guidelines: a) Prior to final acceptance of the work performed on the property colored green, the CITY and STATE will jointly inspect the work. The CITY will arrange this joint inspection by contacting STATE representative Ramin Pazooki, SnoKing Area Planning and Operations Manager, or his successor, at (206)440-4710 or by email at pazookr a(�.wsdot.wa.gov. The inspection will identify all deficiencies, if any, and will document each item needing corrective action. b) If deficiencies are found, the CITY will have 60 days from the joint inspection to correct all items identified as needing corrective action. A second joint inspection, if requested by STATE, will be arranged to review corrections. c) The STATE, assuming correction of all deficiencies or if none were identified, will provide the CITY a letter accepting the work. d) Only after the STATE's acceptance of the work located on the property colored green as provided in section 2.2 (c) of this AGREEMENT, will the property colored green vest with the STATE. 2.3 Within 30 days of execution of this AGREEMENT, the STATE will furnish the CITY with a recordable conveyance of the highway right of way shown in red on Exhibit A. The conveyance will be recorded pursuant to RCW 65.08.095. a) The parties agree that 0.6 acres of the area colored in red on Exhibit A will be vacated by the CITY after construction of the CITY's project. The CITY will TB 1-0191 Page 2 of 4 TB1-0191-v19.doc vacate 0.6 acres of right-of-way, as shown in blue on Exhibit B, attached hereto and by this reference made a part of this AGREEMENT. Niro b) The parties agree that 0.6 acres of right of way to be transferred by the STATE to the CITY and which the CITY will vacate, were purchased with Federal Funds. The parties further agree that the CITY is required to obtain fair market value, or its equivalent, for this property and revenues, if any, resulting from the vacation of the 0.6 acres of land shall be placed in the CITY's road/street fund and used exclusively for road/street purposes, except that the CITY may deduct the documented direct costs of the vacation. The CITY agrees to provide to the STATE an accounting of the fair market value, or its equivalent, received for the vacated property when vacated. c) The CITY agrees that it may not vacate any other portion of the right of way transferred from the STATE to the CITY as provided herein, or use said right of way for any other purposes other than for road or street purposes without the prior written approval of the STATE. Revenues resulting from any vacation, sale, or rental of this property or any portion thereof, shall be placed in the CITY's road/street fund and used exclusively for such purposes, except that the CITY may deduct the documented direct costs of any such vacation, sale, or rental. 3. LEGAL RELATIONS 3.1 The CITY shall protect, defend, indemnify, and hold harmless the STATE, its employees and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, the CITY's work to be performed or performed pursuant to the provisions of this AGREEMENT, or the CITY's ownership, operation and maintenance of those areas covered by Exhibit A and Exhibit B. The CITY will not be required to indemnify, defend, or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the negligence of the STATE. Where such claims, suits, or actions result from concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the PARTY's own negligence. 3.2 This indemnification shall survive the termination of this AGREEMENT. Sloe TB 1-0191 Page 3 of 4 TB1-0191-v19.doc t IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year last below written. CITY OF RENTON WASHINGTON STATE DEPARTMENT A Washington Municipal Corporation OF TRANSPORTATION iAt/— re# , Sign: 1i' `FF 4eAgie Sign: Kathy Keolker, Mayor William S. Vicek, P.E. Deputy Regional Administrator Date: 9k vnt• 8 #2006 Date: . i i,N3 1`)24964 Attest: , )) e.te ` Bonnie I. Walton, City Clerk ROV D TO ORM APPROVED TO FORM • Sign: Name (print): Lawrence J. Warren Ann E. Salay City Attorney Assistant Attorney General Date: 2.u.nc #2496 Date: .5-IS-oi, ,41120 TB 1-0191 Page 4 of 4 TB1-0191-v19.doc ( ( T. E3 N RSE.W,M.1 ST 360+oo ' ; - -=e;- =y -,_-,A.etre END OF PLPtN I`;g C1 � I ,\ H t� t;1 OWNERSHIPS d £ I� 1GA� \'`I SYO o ; 07 II /EASEMENT PARCELNO. NAME TOTALAREA TARE LT REMNNOER A' 1-3231A 139E anima eo2nrwwr sla3 Ac 0.01AC T.3t AG o, 1 I� .-ti.-.1..-.J I 1 I-aloe int SOE1NG CONrANr 2646 AG 6 AC, 055AC. 21520 643E1/4 aLW'f I/4 •3200 PACIPIL CONT R A.CO 2239 AC. 535Ae, OTD AC 1655A 1 Lan! faG a , c. T 23 N.R,SE•W.M. • I-3251 Autism.3161,616,12R LOS AC. 1.11 AC. O.Ta AC. 002 A I I: 6 V a/ I.3212 002 2.33 AC. 01.34C. 2 10 AC I-3203 NULL .1,1301.2. 100 i.i.tlpeotR \ I 111 I ��� U3 / I-3204 54721 1.45 AC. ate AC 1.11 AG ' L^--~ :Qs] -R11t.1z___..._-�tea...yaa�I..eaa...... y ,IRS 1-3255 LEWIS OAC. 00e AC. 116<tt(4� a,3901739 2, B�eJ i5�'0 / 1.3306 r4<R'IC<Ms,R.R.La 105003.1 6.3005P..15000.3, 1[397039 a '� r.- 1 �X, INTERCHANGE �I y1LAD� � 3 / I•32e7 rauT1[uw P31CR44iM Ca. Nob AC, 5A3 AC. Q25AC, 10,35/14 ! / �� 310 t, 1 ri yCNAR<ItONI ? et vP*/,< AB/ i 1.2052 PRANKS 140 AC. 001 AC, 1.01 AC P,AO , I-DIVE 211112/040 EM AG. >91 AG e0 AG. OAT A< ��>. I Oto 31639 / ^‘ i r/ T� `` 6.1.. 1 "::•r" �N„ • / -a�j'� .3?�. A.ILNE{II •( ,kTG 6 Gl `_J. 1_)300 MCKMAN 3.4065 194 AC 220 AC 126 A, ±17.•, '":, �f '� x -,'`` "I �0•RS W Net W UN �vt NSSAL;W rP A`` /.7 •/ 1' • I-f101 313[039 12.lGG ai. xlsogt 10 Ol a.AC A I-330t 22622 NOT U5E0 (ii t a /! .ak v, '� , II r l{'yI , 1.3304 ►ROWN 560042 5,50051 4.50031 • I.3305 DAv1S S3.efS tP.x.000 e.P S ,1 ,..,,,� �� 0 ���_Jo{I��Y� A / -- �_ / 1.)30. WnITE 2gteefR 29,30033. . ,1 \ III.r ./ (I a 50011 1-3301 Uo'7". i� I / 102043 I.3300 PORCELLO 000063 6.95011, 2,000. f�< �I� I.3300 C01W211 130003.1 3900013 1x .S 'I,. Ir 1'a E 1/r l•3310 1011.3539 i2000EELn51a C. s 83 i _ 21„ I \• 1'• \x\x �� yyyyuuuu x004K 1.3311 POTOfNKIMnt 361 C 105AC OM AC 240 A i ,ttW NNW IE iA1 % ....M i/ .$TA.339+OD I V, l 1.3312 P0/03.0.19,412E ESSx'.20011 .50012. 14245.1 3..: !� D--• \ % ; EGINNIN6 0� PLAN 4 L..3 6- 52 42 L i I ,$ V, I/ A,B I 33C.13 160144s� /_•- Ila9oe.r/1-3313 PCLTONtR6ER 1n 500 s/i TSosR �1r. I (1-22025) 330 �tl 11 I„hk 331.•01. I Ny#I 1-x314 NR[1f 130005?1300025. 1W \�a Mlail I-31116 P0Tn5NMIR,[R6t4G .1,2503?. 9,56333. L590Ai P:'� `13 \,, l �I 'P { h 1•»IG rnccsew uoT uaeo I: II. \� i! fit E�..I J-T• �1•J ,F,1; •IsR0 1.33n VE2<N Hsso IL?.x.000 GD.11.930!.3. p, I _ C. r' I -- I I " • SOa1 1-3013 RO<cA 3323011)2,a541F, ao i.r.6,1.105 y:: G, _ _ 1'`,% �_`lC, - -a a ,1 -a'i• i£". / 1-)als .30.:0,,A,, 3:639 33,03 is. elo ss.lslOO sr. ,Ace=eaE•'�_e e1 - U�T`1• '__:-� ", 0 I.3320 37:39613 I.IG AC. 1.12 AL, 0.13 AG. 0416C. 'I Fk Ili �" IL 1P�+.f, ' TOTAL PARCEL DETAIL 0 1.)001 JORDAN 004 AC O.t3 AG 169 AC, ]I ';i \ 1 I POR PARCEL 1-32S9A _ 1-332t SURCNILL 121 AC. 0.34 AC. 1.53 A4 I� I 1:I' 0 , `, SCAL3 I•.♦ee• 1-33t3 :ALMA?6MTIR<ttCR 4407015.100 S.D. 30,3703 t� I 31 l • 1-3034 DINES MOT COED {I Oil N ` - s 1-51M0SPAIN 2,1CO5P 10051 NEV45wW Wet W 1 IEVLIN/4 1 A x «D Sa<.3 \,. 1\ a.a.3 I1-33046 CCN.WLII 1526111.Yl.aba31 5,4044 I 1-5306-1, *05LTON 41.5b1e1 1606R 4q 12231 I....- \2' a 03*5.5 DANANDKY 1.2501.. 401 Aa 1.24 A. I t'� E•- :`'v f 0 i�\+ �1 1 //�� 3 • 1•»te NowAR4 cNTCRnroea oft 6ro1 uSEo - I� l --`-_ 1 ----_11 ti ' / eve 400023 139E EOE56 COWANY 2.239.93653.,),6266f MAOsf-x005.1000 l ■(``�`�A! \/11333 iC ! C i V1 Ij l I 310 � 1 I !a w..r •asW9.La+4manf,re p Trap.No I ;-wl I - 1 Q-P1-14:1 S c . Pee wiei g' I Sa 139 D.05[IH //1/4:::, .s,�i^ ' e 3 f. .q r ___ � 1 )1r4;,(- I SEW 6E IH I MMMFMRSSMOWNMAYNOTHAW ' t.ea ogeoreomanaRrliOLaDIEVERIEIEO WEN PSONMf0INMAYOT 'I 1 , looErI 1 39.4610N1at03wn1e00Ax. EXHIBIT"A" "'""""011°"'"ACONNA"5" II MIRCNANOf I I s1P51NA1R1N5Np5AeOIN1AT TN �„ l I- 02501AL PIANO..NM... ell I �I5 tQ TRAPPMTATSNNaLIwN L -- T - -- ?sr, Agreement NoT'1. I VICINITY MAP >r TOTAL PARCEL DETAIL State Route;405 1E.005; SCALE I'3400' /9 ©r R NOItTM F ittN F1At4ag IVJE' 3 �IP �p3� EMI COUNTY' Sheet I of sheetsM P""•O VICINITY 4 TOTAL PARCEL DETAIL MAPS,ONNERSNIP5 Scale: May not be to scare -t4R5N imp WM.A,30NN55N ��D N.2.-.40440.4 4AT-Oe aNN1aW 49039,0394.1.101.3055 SEP /,�� �'-w-e , �� 6irsae ..... • /I,s,r.,a .n ...w,.LAP,It. _ a�Y i 5.......,110, __-___n V Al,, 'I 5• 03 304851 •mMa,� E 's-b4L',.uk'= L10- oRMwER 33 $EOUENIs 07 �a-.,,or/iz E. `'/ GS•RO'L+. ( rsr eneET `M�« C.D.HILLMAN$LAKE WASH' .; TON GARDEN OF EDEN Ta 24,.14.R.5`'. Y.M. Droo' 9r\ VOID �� memo!T "el ..E ne. DIV NO.1NI NII ,. ., I-.105-8 S C.O.HILI.MANLAKE WASHINGTON d ` j4 Dhr Trefticmovement will b:pm-rid-led under the $2 29 j 26 GARDEN OF EDEN DIV.No.Z r l A�I S Gov't Lot 19ec.32 I I'�m� { p DO I, tI I I It .i I1 .,,,,..!..y Govt.Lot S 9ec.29 A 1i+-54.16 roc+urs o+s Rcllrood Ave.wte+ion t DE I,K NW 1/43eaa2 n� yMI M Id p I -1.'1:13 19 _ eenwe eHwreHeaer2sw al alt < la Sj z j ACCESS APPROACH SCHEDULE i. 111 ei,lll la F . ..et .=f. Y TYPE ,91 30 1 25 I a IO6TM AVG.3N f'1 VIII A 1'`. • CRY OP RENEON I AT.,o LT.TO Lr.PERMIT 15333 21 I1 _ J 0 IO O 8 NO.21 THE PRIVILEGE OF ACCE °4 I ®'■ 1'11. . d' TO AREAS WITHIN THE RIGHT \� 4. ;� �,__ I ISO III ItS I23 I?4 - I I f'\ SIDE \p / --IL iO4TN ___J .. ,. I I 11,1-'''',,.., THE RIGHT OF WAY TO T:FROM 0 USER G '3°r,0 // •x�0 5R405 1111111/11111.11 I�N\ h Zqe\\ DESIGNATED,SOLELY '•'THE USE �� oe'y e' 1 1 N4.49•C ._ - I ea.�a�• ____– – i����ln-�• 0y�30' \ THE CONDITIONS OF. E AUTHORIZED BY AND• CT TO\ �\ OR RELINQUISHMENT _-__ I -���— - E \ TO CRY or RI TONT FRANCHISE,PERMIT•R AGREEMENT X �. ` N �'� �\�cy5r SPECIFIED.NO AC*.SS WILL BE // \\ R+n Bruno I 1 I /R ALLOWED TO TM RAVELED / \ \41 ` � Orr Cema<neH I I °/� HIGHWAY LANES+"RAMPS, / TURNBRCN �� Ow.v. I1 / ���/` a ' / LINE ,a. tNr ___ ___. 114 113 112 III ,105 IW 1 I 1 ; / / ee / EXHIBIT"A" ' IHr �..E...� Ii,,,,,.,1„,„LANcE 6MORE elv0. _ di �wgl 1 rl°� /�_ Zm / / // pG/ f�aT I I e • A a cement No.: �q01 n l 1 +I I p y/Rf. // NOTE No acense will be , i 211 I �1 I II �/ lay / perm. • Orions.,the nilwOy 5 \ StateRoute: , O ibl al di / /aI f right. o and the e \ QQ tP / C #ravel i9hwoy lona. I \ N 1 UID 3°4S'D,m.,,,,�/ J`E'V/� // 3Fa..�Z'30.-IS vJ' \ ll�he oo•-'R' O,�' / or KL PLAN.ME sasJECT TO CM/.IRDE / w� 700 6(F AM. CIARIRINFF Ili 6/ / '.. i Sheet (Epof3 sheets YM INEORNINNON snow,cwww.T THE `' 'rte / jII\ I ' OMMaLPUNONFLEMI/EDEPT. v / / / Scale: Mav not be to seine OF nuNEPORTATwN IN OLYMPIA �'�. \c</K Mote: Far 9+a.446+00 Ahd. M,// \ f{El\' L ON 11111 I'` / Aceaee,to be prohibited,and POGO... See Selma at Left yY• / �r;,\riciht•Prom obuhtiny property to be. as 'i/ b �_. 1 \ \sea ed shown?hoer///////,,,,.///////iq^pC/ -\�j? OVERCROODiNj AceeN a d e o rmee b ba permitted b // \�� `l Oq,Q' / �`\ 2 T v ,3gaF90.ANN Nr.gae.and waw n.wiNeddw.d..mr sr.az.00 ner k dory Drat*Highway by romp*,and in / ♦v\ —4"k-- \ \ labra i.v.:,slot, =.0.........: nNN R/M a.:Ada IL M.HMy Eq 366.OD „rr the direction indicated by arrows only, // O o \\ \�Iil—\ \ wg,pam. Dole ae•sawd AwnN IN / D1 \ T 24 N.,R.5 E.W.M. T.23N.,R.5E.,W.M. " a4\ \\ o& \ \\ W,. T\� Vy`\� \\ Govt.Lots Sec.2: FON M"IMEAORMA.SR IR0. INSERT EA" �' \ \ CrAiApE .�T e, YF \\ Conveyed N C+y of Re,A•n by deed a-io-T9 ININNYDALII sN 1 OF MUM 11' FDR RELINQUISHMENT f.-:U e VVV Govt-Loi I See.32 `� �� APPROVAL FESIIWRT T,few ervre w f r 3 yY I ,yTO CITY OF RENTON Nets:The privilege of s Ing the eon l+cry*,s e- t' 0EN HOME •�\�� ,p\ NOTE, For Limped ACC S5 Ahead see 3E405 menhole located ?thin rtes righ+ef way 111 be ��.._ ',"s d 1'„ \ \\ -NBACK UNE Kennydalt North,Clan perm IHe.d?niter Clty of Renton,farm o.a+�ldetMs .I... r ' Ii: -� 'v. Showin Access thee# 1 of 2 Sheen, +he right of way,+hrough the gats et bee.21100 - z N O + \\. 9 on 1.4+,eub'mct+a+ha.condition.ef'E�a Permlr • ` sy p ,. roved Feb 141950. '� permitted or from Napo O ^ I. ��_.``` � Z` approved IP339�lM1L.No ree.e.win l b¢ `� J III • \\ +he+raveled highway lane.. \�? m © Iii ' .` \� Tr�'e o, Night The toftee of North Rom Itnffinge will eeoar wHhinthe \, .., / \ MIN IN I �-```^ ee• right d wet•f the North Ranten Interchange will be permlHM+o the \9 , d } mmo �'` \\\ /t a city of Amen to accordance+Mr agreement EM lspc NDERGRO55 ,,ii, / . 1 ��� \''"<..-41444.11,44444440, d U I G /2 \n ____aR4o5 ', \\ u •� .','dept MOTE Tr off m movement w I I be. . /ca-opo '0', '//t54\° mow, _-t I - ° n TTrd over the hl hw° 4 �a y? \:1: S� \ \ f rnnY caRRK a#r.tore at. 9 y�pP •\ . o�j�d,,+• yp'P' '� ,,c es b' IHTBRCNA E �``- °Erb - M 112*AYs S.E,OnderCrOHi .{.,p°' ��� MAY CREEK �� / „O.' I I 0\ ' '4-1'0 / t" s':2'/ '4'R NORTH RENTON INTERCHANGE I PARK.RIDE \` / P /' !D \ Conveyed.T°City N Renton .r// / \ Nomm°Nrtma trate.Nill M permitted RNBACN LINE ...;:to• M a \ the ars.. come at Mo. iA.a3 REVISED BY LEGISLATIVE ACTION OF 1967 TO / Sy Deed Dated 12.2-TT /a 0 _ ;,I eNT�� \ .0, the left b and arOm the rail '� / Grade Irrieraection // ', •+r,� ly.Ho mo 11 be ullawed beim. e♦ .h0 a, l �,.p HILLMA w�pNe ti•r \ ..AA <'!* w M. 'll' On'TI T o3.4 hgbwayNoa ,b1�Yt.1f �O.A�,,.,,}2 %f 1..L.r..b AT M1 nTF'De•31rT RRC'?{GR'*i 111>♦AE`V,[FOVYEIR I Ri"ertl'R.ntf:Ffl ; I-- = Cr'u'z IE:ia�L, r .nm t o ' r r R Q14' IYIyt1LE. ±I WAg HINE3TON 'r v /tisa.s/S��•;Tf!P�Ltrn. ♦ 3TT0>�a1 . Ufa o nn .• �^e,,yy1 V �' FOR RELINOVIONMENT ', + NB rarY rt' y '' �` Ptie,i�6„ �1lLi 10 COT OF RENTON coneeyrd, .' ��Iy '•, MCI. .- [C[f'rT7-T'[f•NfE[TS1i31�L•L•>v41 '0+•1 E` KING COUNTY to cP/eF Denten be deed 604911 +„ SRt,o 0 L .rvi .1,11.1112121:12=1=,==.11:1331r`T _ „,,y rwN „I .DEN OF EDEN er, u»... xsA __ _ , ev,. eR AA;',,, w.ms..en aWiLtoON4TON ,H..,... ^ ... . .... O Leu ae- re (\\.., �ft 0 . ACefS.S NOTE: let* t 3 Rama Nat 4 411401 a om red f• '�0 x10 Acceas+o and From+he May Cruk ?,�I P .t ! a • C rad •1e E l IC _'y�_�^_. AarK and R1dt Lot wall bt MET - . },;'� _ •n'S.'�f .w .::.o:-.7.- o _. E` .e. 1 s+eOk hr-�03 5311-ted `IID an OPProach at ;. !•Sr-”r r 7 r""^' •, SHEETS E ET o Irmnw /. r F n e 5nT+95 on the left D a- Ir e"R",'mo m' w'' r',� 1c 'D®7 (TREE?2 Of 2 SAEETB ( ` (, (, • _.-.._ __ .r_ ............. 4 "' and OP.roa. W ae.•wr _ _ •L•eMM G,..• � W 'DIAL F ` Mrwx Arn.,h.eC•rMrcN.mem*. 23N.p.5EWFi.�-° .Y.._.,. ,� "4,. TiETMI kr QEF $ R:Mr• °{„•e.v.e•orrssiie�4,uo•-•PeN t.`••L..... a1 t L ,., - L`� �,�.,. J • . e { _,�r� \ i ., - g • A\c3z d \t? / F `,L .f ,'+f i•e / E.��y1 .�• ao q n"" \. Z 9♦ rY'>i ! \ �i ��s5P����a'",w L sae_ "�_ :� �.- - O - L• Ate" �� ,� .. r,C' e'Ay L .��' \..`. \ -\ — ,_.��_ '• ....,c..0.,,,--. ,,,,.e.,„,..j/ /le 'r fr,EW 0"p` ,.Ar ,p9% •0*4 For Right o y aMad sec 95Mk# R� • i M �/ '� LP . '.; \ tt: ._� '• :.' ✓��%%..owev,WN-r° .04 .., . /', % R4U5}, Kenny dale, • S n to Kcm do e, ..r•'r" -..,s z h�ti` i ! • ..rl--. _ •/'� N�T•it...\ .�c9�• ,�ir0 ��J r . % 16\ AP 1,1955hccts,approved e. ,:w'"+ 6 fi �� 1,_ �— a'i'- ' . (R — y_-- ^�ti .. j 9LF Sr'.• _Fr__ 1 . .R:::',..*� ''/-/ ` s ' .� `-''- i ♦ '^ e J ,(-"3F'� .'> b ` ,�c e�, Pox LaAxeAo,sa SR MK ® 7•f �iy �F ���_ _- +Y N. r x ''! 3 .i' / ' xexmxro xexxrou.c �' 'w ro .Qr a" * -may / �k •\ .✓ P.` . 00, \ ENTO.N luoTOALE. \ 4�.. �.ly/�� 4 T....';;I:-.44-4,,,,::.1 •T ��jj��// * / f / SHEET LOP TOMER% i er A M '' � `s9 "5°° � , ti ♦..�• \`''.� r> �' LP Y% JLr' IOD ..?j // LEO \ APROOVELI PRIMARY IS,INE D •e\ HCl Jr t t^LE F 'At �j �r; `c� 4"• \. �r ��„ i w SEE TOTAL PARCEL t �`rs.' �1 IIn -I, * k ., V' `,rel •'C s /� ) �U' '/% u+W • o A DEISM-SHEET L .. �' •y� {,' d ., ` '. 1 �\ p' _ •�NECl,T ` J, `4 '"t,T!� �f : TSD C.Y KO �.:._ ., �,,/‹' f.-- . i' •,JP O ,° `i.. t4 \ Yn OAI 1.rJ�.1q 'L°ti '1'� 35E ,�,o,,,. EP':‘. .; Pi%,. _. F C OVERCR05SING--- �';/`% � -.` \w" $ 2 �; 'I' EXHIBIT"A" • f NOTE:N e •.0,11 •+ 90 i• ` / L' No a es+� e �� / pt , I+,-ed wn•er• �°• T ' •, 'r ° Agreement No. ��""f,A A the wP`."t,o cee.t RT Co. e • 1 `� �I '.q. �.� r�"t. way�and laneshoot . l #4:t\ . _ • o�-t� �" -I State Route: 4d l.' ,� s�::.'/fid ���`� w Psi /y /7 1r VYY .•n° qty /6,�° P 0-9z9o) ,,` /° 9 I �c + °�� /' 0/% '-',,,, Sheet 3 of,'ysheets 3 +°• .a, R'� /' „,,,o: ;•; ,./ Scale: May not be to e • o ✓f• ♦- .O_ '1'1352.33. �OG ,/�e�. + ,hre ALL ' ` e.rQ / A Q•/ /j/ f•r� ,' t0 g�� • .ala°o NUT WRONG PRaenUNS ARE E.CURRENT AL 'I \ /4;,..,72;;, :/ VZ.,, `•�. Y9gMATR>/I SHOULD CONSULT THE E \` �I S� � � ^ (,P�\.0.F'c)'Z OrnGK Mx ON RLE M ME DEPT. • \ Or, / I •elf.•Qs�N A7h' Of rRAMroIRA1roxIN ol1'NAA. \ ,,/ �o \ 1 i/ ''‘'(%' 1° 4: ` '111k.• .id' .o••-. • Qom`P,P. Or // d O / / . 't '♦.y' AI B...In�1 And,:Prance \ %'.,,, '.+ K /'/ .Y ,. N Pr.c•d+d Hy An Ae+eiall \ . •b.P /, / .4„„...r..#-‘,Vo':, ed as 'F.. Ar.Teh.n Fee,n T.Ne Rer*.." ' a. � And Ple+McPE CP R;,// ; n i /' ; r 3 L Acusa To 9c Prohibited Shown Thus • \ .+' / V /' / 9 , �-\i':F A22.00 ?L� Property Ownmreh'�p Num bars (lain])N / // / /// /v` 6iI. C0 Propsety Linos ,4110,1, 1 ,/ �/ ,/ Oo" 5y,• A. __ / a //, , '�/ o, X3`9 p CS U.R V E DATA \\ • 'r 0%/ .,{'1P ',//1`,'"1.,,,',' ,• qfr %�,/ \•�i k \ P.I.STATion . tvO R T NP N Q 13 T G O ft T L 11" j ti. / j ,�r,�t� �r�� • `y 332•07.5 0'86'RT 0.30' IIA60.00®9E 2 I,j86.•1 ' / ��V1��y`� 00 360+4q9 RT 0.30' 1146P•001344,6 2,6767 7 ':P501. S7L.94 124.21;4,643 \ .,,,•'‘..)„,, / �.L��'•_:-- ___ pr- 4. + -A 2124 •-�4 699 49 15795307•! IN 10.Oo' _ _,_ // i / Ott' 9.1 \�. LW L0•7929 4344 10 Ri 16.00. I,O p,, 31L7�LL�t '',/,', '-/ •", �1� 0.>k4' 'I� r LW 47 97.o t - 68'51 Lt 9.47' lo+a 41 1075 ri'7 •\ , / , , 'P0•' ; A-19.50.00 T9 52440 I,Seo.921.09 zi•25.40Rt ec0o' 119,20`160,7' 990,96 \ .w� ' ,-- / - '� ® 2. I. •.�.� A•21.09.14 145,180.49 1.551,04T.IO 65'00 OCtRt. 10'00' 5'12- 960.01' 6.0000 ll" ..1;'''',2 , �'/ tie • if ''\> RR.RdwMN435 / 'b •kfa? 15.49'0.T 3.OD' 316.35 629.Oq a'Q, , ,/,/ O;�/ ,CIA' Ca •:!�... -, F� �.� Far Right of way Bach ooe it0R405), \ ///'',/ i/ , \I„.',/ % ,/" \ (i-x87)so ,: - 3 R R. E.$ -`'--11 sf,_ .._ NORTH ..:- .11.S=P's Renton to Karnydate,Sheet 2 o 6 Sheets. '2j �/ / / y •e approved April 12,1953. a ,A/ �.-. °°'. "A' I•o' ` i v�, RE N T O N wOfl f'. •:>7iF1t3E /. 6. n • ti~ 0041,\ For All Limited Access see j'5R4-05k ' , a ,Ir"`� 2 3 ,•- a� " -------' y`'a INTERCHANGE RYGFCL'OF WAY nQ j� 1.7•A R L I t:'.t.I I-I i71' i '`a= Renton to Kennydok,Plan Shaul Access, 4/ 6Ar .. ... FOR OWNERSHIPS SEE SHEET 1• STA339+00 to Ste.361+00,5to.A0+00+a StaA27+66 03 oPProved January 19,1954,seem l erg Stn. `♦ \ \ CI-9299) - --*.4' taj, __._-.._.�----- •L 41 40.; 4 �p • ♦ mefexpHAmmnA roTOM PM IINVIONS A LOmMwx �'} ,! 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AND LOGAN AVENUE N., FOR THE PROPOSED LAKESHORE LANDING SITE DEVELOPMENT STREET SYSTEM (CITY OF RENTON; VAC 04-005) WHEREAS, a proper petition for vacating portions of Park Avenue N. was filed with the City Clerk on December 17, 2005, and that petition was signed by the owners representing more than two-thirds (2/3) of the property abutting upon the street or alley to be vacated; and WHEREAS, the City Council, by Resolution No. 3730, passed on January 3, 2005, set January 24, 2005, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter; and the City Clerk having given proper notice of this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described portions of Park Avenue N., to wit: 1 t ORDINANCE NO. (Four portions of right-of-way, atotal of approximately 21,795 square feet, along Park Ave. N. between N. 8� St and Logan Ave. N. ) See Exhibits "A" and "B" attached hereto and made a part hereof as if fully set forth herein are hereby vacated subject to a temporary stormwater utility easement over, across, under and on all that part described as follows in favor of the City: Tract H and I of the BOEING LAKESHORE LANDING BINDING SITE PLAN as approved by the City of Renton under Land Use Action number LUA 04-081-BSP and as recorded in King County, Washington under Recording Number 20041223000856. All situate in Section 8, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. This easement is for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto. The City may also construct such additional facilities as it may require. This easement is subject to the following terms and conditions: That a utility easement be retained over the above-described right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated, with the City's approval, at the sole cost of the developer; and That this easement shall run with the land described herein, and shall be binding upon the parties, and their heirs and successors in interest and assigns; and That this easement will expire upon completion of the proposed Lakeshore Landing Development infrastructure improvements or formal declaration of City-approved replacement easements. 2 ORDINANCE NO. SECTION IL No compensation is required for this street vacation. SECTION HI 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 day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1174:3/1/05 3 EXHIBIT A LEGAL DESCRIPTION: Tract H, I, K and N of the unrecorded BOEING LAKESHORE LANDING BINDING SITE PLAN approved by the City of Renton under Land Use Action number LUA-04- 081-BSP and contained in Land Record Number LND-35-0013. All situate in Section 8, Township 23 North,Range 5 East, Williamette Meridian, in the City of Renton, King County, Washington. EXHIBIT B VAC-04-005 Tract K Tract H r J eve N°� Tract Pe 7 G Z ° street a=i Non s L. to a Tract N North 8th Street { CITY OF RENTON COUNCIL AGENDA BILL AI#: I 4 Submitting Data: For Agenda of: 07/10/2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie I. Walton Agenda Status Consent X Subject: Public Hearing.. Appeal of Hearing Examiner's decision dated 5/25/2006 Correspondence.. regarding the Lake Washington/May Creek Dredging Ordinance permit. (File No. LUA-05-138, SP, SM, ECF) Resolution Old Business Exhibits: New Business A. City Clerk's letter (6/20/2006) Study Sessions B. Appeal - Michael Lloyd (6/8/2006) Information C. Request for Reconsideration (6/8/206) & Response (6/13/2006) D. Hearing Examiner's Report & Decision (5/25/2006) Recommended Action: Approvals: Refer to Planning and Development Committee. Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Appeal of the Hearing Examiner decision on the Lake Washington/May Creek Dredging permit was filed on 6/8/2006 by Michael Lloyd, Lloyd & Associates, Inc., Representative for Barbee Mill Company, accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Lake Washington/May Creek Dredging permit appeal. cc: Jennifer Henning Larry Warren Rentonnet/agnbill/ bh CO:" RENTON o ♦ ♦ City Clerk �j Kathy Keolker,Mayor Bonnie I.Walton �Nr1O June 20, 2006 APPEAL FILED BY: Michael Lloyd, Atter- , Representative for Barbee Mill Company RE: Appeal of Hearing Examiner's decision dated 5/25/2006 regarding the Lake Washington/May Creek Dredging permit application for a 10-year Special Permit to dredge the mouth of May Creek, located at 4300 Lake Washington Blvd NE. (File No. LUA-05-138, SP, SM, ECF) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Lake Washington/May Creek Dredging permit application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is June 30, 2006. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council Liason will notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are not listed in local telephone directories and wish to attend the meeting, please call the Council Liason at 425-430-6501 for information. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached are a copy of the appeal and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please feel free to call me at 425-430-6502. Sincerely, Bonnie I. Walton City Clerk Attachments cc: Council Liason 'err 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 R E N T O N �� AHEAD OF THE CURVE �� The paper contains 50%recycled material,30%post consumer CITY OF RENTON APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATION. p TO RENTON CITY COUNCIL JUN 8 21116 FILE NO.Luq 0,5 -/5S1,_-_,-,;7; / REi�1�ED 0. Z4 (';rt APPLICATION NAME _ !,' . LV 6 7GKf1 `�(4 v1 -K 'v Y �rOFF�� I The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner,dated Z ,20 1. IDENTIFICATION OF PARTY APPELLANT: �I,J REPRESENTATIVE(IF ANY): Name: I�'c° /!/L!/� 6-9/AA-1U4y Name: Address: �4 G ' a j / Address: 332/x' . � Ic ""*tS- . gm/ion t,64rg_ Ce-)19- 2. e-)A 2. SPECIFICATION OF ERRORS (Attach additional sheets,if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number asdenoted in the Examiner's Report) No. Error: cGfG, t�cr Correction: CONCLUSIONS: No. Error: .dee- M-(/ c c .0001 Correction: OTHER: No. Error: A Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation,if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other C AO// -� Sf Ap.eIlant/Representa •ve Sig(atu-• Date NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code,and Section 4-8-110F,for specific appeal procedures. H:'tCITY CLERK APPEALIAPPEAL to Council.doc /1/42i/ ZL%es, 1DC'yyvf City of Renton Municipal Code;Title IV,Chapter 8,Section 110—Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170,the fee schedule of the City.(Ord.3658, 9-13-82) 4-8-110F: Appeals to City Council—Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body,any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council,upon a form furnished by the City Clerk,within fourteen(14)calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five(5)days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10)days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report,the notice of appeal,and additional Ietters submitted by the parties. (Ord. 3658,9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional 'Name evidence or testimony,and a remand to the Hearing Examiner for receipt of such evidence or testimony,it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council,and that the record before the City Council is identical to the hearing record before the Hearing Examiner.(Ord.4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record,it may remand the proceeding to Examiner for reconsideration,or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If,upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record,the Council determines that a substantial error in fact or law exists in the record,or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration,or enter its own decision upon the application. 9. Decision Documentation: In any event,the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant.(Ord 3658,9-13-1982) 10. Council Action Final: The action of the Council approving,modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames Now, established under subsection G5 of this Section.(Ord.4660,3-17-1997) ILTA-1,,.=...1 D._ , Lloyd & Associates, Inc. i' '--1\ 38210 SE 92nd Street,Snoqualmie,Washington 98065 425-888-1905(v/f) nnl@envlloyd.com June 8,2006 *4400 City Council City of Renton 1055 South Grady Way Renton, Washington 98055 RE: Appeal of the Hearing Examiner's ORDER Lake Washington/May Creek Dredging File No. LUA-05-138, SP, SM, ECF Attention: City Council Pursuant to Title N, Chapter 8, Section 110 of the City of Renton Code, the Barbee Mill Company appeals portions of the ORDER of the Hearing Examiner dated May 25, 2006 for a Special Permit for Grade and fill (hereafter, Permit). Specifically, the Barbee Mill Company is appealing Permit approval Conditions No. 1 and 2 of the Special Permit for Grade and Fill.1 Concurrently with this appeal, the Barbee Mill Company is making a Request for Reconsideration to the Office of the Hearing Examiner of Permit approval Conditions No. I and 2. If the Barbee Mill Company is successful in the Request for Reconsideration, this appeal will be withdrawn. These two Permit conditions provide: 1. The permit shall be for a period not to exceed five years. The applicant shall be entitled"'S to apply for a new Permit under the regulations that exist when a new permit application is submitted. 2. The applicant shall provide documents outlining the joint and several responsibility of future homeowners in the currently approved plat for paying for the future permitting and dredging operations. These documents shall be subject to review and approval of the City Attorney. 1. The Hearing Examiner's Decision to limit the Permit duration(Condition No. 1)to only five years was an error in judgement not supported by law or facts presented in the admitted case file and supporting documentation, City of Renton staff reports, or by testimony_offered at the public hearing. As stated in the transmittal letter of the May Creek Mitigation Dredge Application (Lloyd & Associates, Inc., September 27, 2005), "flood mitigation dredging is necessary to protect the property and future homeowner's interests" from flood damages, and that "the importance of establishing a longer term Permit is an essential and fundamental step in providing a measure of certainty to the Barbee Mill Company and future property owners." We agree in major part with Ms. Kayren Kittrick's (City of Renton, Development Services Division) statement presented at the Public Hearing that: "the people who move into this new development will have a severe interest in this process, both monetarily as well as the impacts to their daily lives." As presented in the public hearing, the cost of securing Permits is a substantial burden NS 1 The Barbee Mill Company takes no exception to Conditions 3,4,and 5 of the Special Permit for Grade and Fill. Appeal of the Hearing Examiner's ORDER granting a Special Permit for Grade and Fill that will eventually be carried by homeowners. We also agree with Conclusion No. 1 that "Both life and property could be harmed if the creek overflows its banks"2 as this would severely impact their `�✓ daily lives. Adding the uncertainly caused by a shorter Permit duration to the mix does not protect the monetary or personal impacts on people's lives, or the interests of the current owner, The Barbee Mill Company. The ORDER further states in Conclusion No. 3 that granting a ten year Permit will create an "unduly long period"before another review, limiting the options of future homeowners to participate in the process. The implication is that the people who may live at the new development will be bound by a ten year Permit and will not have the opportunity to participate in the process for an unduly long period. This is incorrect. There is nothing in the Permit, application materials, project files, public testimony or the ORDER which limits future owners' options for submitting a new Permit application to the City of Renton specific to their wishes. Alternatively, they could seek a revision in the Permit, which would likely trigger a full review process by the City of Renton. Finally, the residents, if they so desire, could simply not dredge the May Creek Delta. The ORDER does not place any requirement to dredge the May Creek Delta to mitigate potential flooding. Nor does the ORDERR require the Barbee Mill Company to transfer the permit to the homeowners. Implementation of the permitting process and dredging has been a voluntary burden that has been funded to date entirely by the Barbee Mill Company. The Barbee Mill Company has dredged the May Creek Delta for over 50 years for navigational and flood protection purposes. The permitting process has resulted in numerous hearings before the Hearing Examiner of the City of Renton. The request for a ten year Permit does not represent an unduly long period of time for a maintenance dredging Permit given that dredging has been conducted for decades and will be necessary for many more decades or until such time that May Creek Basin Nosesource control measures are effectively implemented to minimize the deposition of sediments in the May Creek Delta. A ten year Permit duration is also reasonable in the context of site development. Site build-out will take a number of years from the point in time that all Permits have been secured, infrastructure improvements constructed, and mitigation work is implemented before residents will be able to move in. A ten year Permit is not an unduly long period of time by any stretch of the imagination and will only afford the owner's a short buffer of time before new permits (local, state, and federal)must be secured to conduct dredging. The Findings of Fact also recognize the participation of numerous state and federal agencies directly involved with every dredging event. These regulatory entities include the U.S. Army Corps of Engineers, National Marine Fisheries Service, Washington State Departments of Fish and Wildlife, Natural Resources, and Ecology. Each of these regulatory entities provides substantial process and review prior to issuing conditioned approvals or Permits. During the public hearing, the Hearing Examiner posed the rhetorical question, "Should nature be allowed to take its natural course?" The implication is that there is some rationale or fact to suggest that dredging is unnecessary. As referenced in the Biological Assessment,3 The May Creek Basin Action Plan(April 2001), makes the primary conclusion and recommendation that"continued dredging is the only viable alternative"4 [until such time as effective erosion control measures are implemented in the May Creek Drainage Basin]. The City of Renton Council and the City of Renton Building/Planning/Public Works Department were participants in developing the May Creek Basin 2 See Conclusion No. I of the attached ORDER,p.7 3 The Biological Assessment(Meridian Environmental, Inc.)was presented as Item 14 of the Land Use Permit Application and submitted to the City of Renton. 4 May Creek Basin Action Plan,p.3-23 Page 2 of 4 Appeal of the Hearing Examiner's ORDER granting a Special Permit for Grade and Fill Action Plan. In response to the Examiner's remarks about the necessity of dredging, there is no support for this inference in the referenced scientific literature, project files, application materials public testimony, City of Renton policies, guidelines, or adopted planning documents. If the purpose for the judgement, which conditions the Permit with a five-year duration is based on speculative questions of necessity of dredging in the future, then Condition No. 1 of the Decision is not grounded in fact. One of the primary recommendations of the adopted May Creek Basin Action Plan was that [public policy should] "Facilitate Permitting for May Creek Delta Dredging."5 This policy of "facilitating Permitting" as identified by the May Creek Basin Action Plan does not mean that shorter Permit cycles facilitates the public interest in mitigating potential flood damages to life and property. Rather, the recommendations of the May Creek Basin Action Committee recognize the necessity of dredging the May Creek Delta and that facilitation of this action should be promoted and not burdened by the additional cost of permitting and uncertainty that is created with every Permit process. Conclusion No. 3 of the ORDER provides that "dredging has apparently not created any untoward problems in the way of traffic, contamination or noise." Recent dredge events have been of considerably larger scope than flood mitigation/maintenance dredging permitted by the ORDER. While these dredging events have occurred at the site, the facility has existed within a largely residential community6 for many years without untoward problems in the way of traffic, contamination or noise arising from dredging. The City of Renton recognized the non-conforming land use status of former mill operations with the COR land use designation in 1993. Conclusion No. 3 also states that "conditions have changed since the last Permit was issued." While it is true that mill operations have been discontinued, the residential nature of immediately adjacent properties has not. Development of the Barbee Mill property will create additional immediately adjacent residential area subject to these impacts. However, there is a substantial . difference, and it is more that just proximity. Residents at the new community will have a vested interest in protecting their property from flooding. This is a distinctly different perspective than that which is entertained by the current adjacent residential community. The Barbee Mill Company is sensitive to the potential for short-term equipment noise and truck traffic impacts that are an unavoidable consequence of dredging. As discussed in our Permit application materials and as presented at the public hearing, at build-out we will mitigate these impacts to the extent possible by off-loading dredged materials at Quendall Terminals. The net result is that noise to nearby homeowners will be reduced substantially and heavy truck traffic within the development can be eliminated. If effective erosion control measures are ever implemented in May Creek Valley, then the "changed conditions argument"would take on a meaning that we could all agree with. Given the high cost of Permitting and the uncertainty of a shorter Permit cycle, the benefits of a predictive level of certainty over a ten year period is a substantial benefit to the Barbee Mill Company and to future homeowners. Rather than accept the high cost and uncertainty associated with a five year Permit, the Barbee Mill Company will retain title to the Permit for the next ten years. While this is not the most desirable situation, this is an acceptable condition to the Permit for a Special Grade and Fill Permit provided that Condition No. 2 is waived and that other unacceptable terms or conditions are not added to the current Permit. 2. Condition No. 2 of the Decision requires: "The applicant shall provide documents outlining the joint and several responsibility of future homeowners in the currently approved plat for vole 5 Recommendation No 10,May Creek Basin Action Plan,April 2001,p3-1 6 See the List of Surrounding Property owners provided in Item 6 of the Dredge Permit Application. Page 3 of 4 • Appeal of the Hearing Examiner's ORDER granting a Special Permit for Grade and Fill paying for the future Permitting and dredging operations," subject to the review and approval of the City Attorney. This condition presents an unnecess. and unreasonable interference in .rivate *pow contracting matters. Rather than argue the legal basis of this Permit condition, the Barbee Mill Company is prepared to retain ownership of the Permit and to seek compensation from the homeowner's without involving the City of Renton. Acceptance of The Barbee Mill Company's offer to retain title to the Special Permit for Grade and Fill for the next ten years effectively obviates the need for submitting documents outlining the joint and several responsibility for future homeowners to the City of Renton. There is a certain efficiency to this result. The City of Renton can maintain a prudent distance from having to approve of the process and contractual terms by which responsibility for payment of dredging will be implemented. Alternatively, if Condition No. 2 cannot be waived, the Barbee Mill Company requests that a document "outlining the joint and several responsibility of future homeowners in the currently approved plat" be delayed until such time that such a transfer is contemplated. Respectfully submitted this 8th day of June,2006 /7/i rf LLOYD&ASSOCIATES, INC. R. Michael Lloyd Noy cc. R. Cugini, Vice President, Barbee Mill Company Now Page 4 of 4 �ti�Y o� • CITY )F RENTON s ♦ Hearing Examiner Kathy Keolker,Mayor Fred J.Kaufman NT June 13,2006 R.Michael Lloyd Lloyd&Associates, Inc. 38210 SE 92nd Street Snoqualmie,WA 98055 Re: Lake Washington May Creek Dredging,LUA-05-138, SP, SM,ECF Request for Reconsideration Dear Mr.Lloyd: This office has reviewed your request for reconsideration. This office sees no reason to change the original decision or attached conditions. Since an appeal has already been filed,the matter will be forwarded to the City Clerk for appropriate processing. Sincerely, Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Neil Watts,Development Services Jennifer Henning,Development Services R. Cugini, Vice President,Barbee Mill Company 1055 South Grady Way-Renton,Washington 98055-(425)430-6515 RENTON ® AHEAD OF THE CURVE ®This paper contains 50%recycled material.30%post consumer CITY OF RENTON /D ', Lloyd & Associates, Inc. JUN 0 8 2006 .•-��r—'�� 38210 SE 92nd Street,Snoqualmie.Washington 98065 425-888-1905(v/f) rmI vIlo d.com �" Y RECEIVED CITY CLERK'S OFFICE ,, June 8,2006 5---0, //-( , Office of the Hearing Examiner City of Renton 1055 South Grady Way Renton, Washington 98055 RE: Request for Reconsideration of the Hearing Examiner's ORDER Lake Washington/May Creek Dredging File No. LUA-05-138, SP, SM, ECF Dear Mr. Hearing Examiner: Pursuant to Title IV, Chapter 8, Section 100G of the City of Renton Code, the Barbee Mill Company submits this Request for Reconsideration of the ORDER (May 25, 2006) granting a Special Permit for Grade and fill (hereafter, Permit). Specifically, the Barbee Mill Company is requesting reconsideration of Permit approval Conditions No. 1 and 2 of the Special Permit for Grade and Fill.' These two Permit conditions provide: 1. The permit shall be for a period not to exceed five years. The applicant shall be entitled to apply for a new Permit under the regulations that exist when a new permit application is submitted. `yaw 2. The applicant shall provide documents outlining the joint and several responsibility of future homeowners in the currently approved plat for paying for the future permitting and dredging operations. These documents shall be subject to review and approval of the City Attorney. 1. The Hearing Examiner's Decision to limit the Permit duration(Condition No. 1) to only five years was an error in judgement not supported by law or facts presented in the admitted case file and supporting documentation, City of Renton staff reports, or by testimony offered at the public hearing. As stated in the transmittal letter of the May Creek Mitigation Dredge Application (Lloyd & Associates, Inc., September 27, 2005), "flood mitigation dredging is necessary to protect the property and future homeowner's interests" from flood damages, and that "the importance of establishing a longer term Permit is an essential and fundamental step in providing a measure of certainty to the Barbee Mill Company and future property owners." We agree in major part with Ms. Kayren Kittrick's (City of Renton, Development Services Division) statement presented at the Public Hearing that: "the people who move into this new development will have a severe interest in this process, both monetarily as well as the impacts to their daily lives." As presented in the public hearing, the cost of securing Permits is a substantial burden that will eventually be carried by homeowners. We also agree with Conclusion No. 1 that "Both life and property could be harmed if the creek overflows its banks"2 as this would severely impact their 'daily lives. Adding the uncertainly caused by a shorter Permit duration to the mix does not protect the Niiew 'The Barbee Mill Company takes no exception to Conditions 3,4,and 5 of the Special Permit for Grade and Fill. 2 See Conclusion No. 1 of the attached ORDER,p.7 • Request for Reconsideration of the hearing Examiner's ORDER granting a Special Permit for Grade and Fill monetary or personal impacts on people's lives, or the interests of the current owner, The Barbee Mill Company. rd The ORDER further states in Conclusion No. 3 that granting a ten year Permit will create an '41 "unduly long period"before another review, limiting the options of future homeowners to participate in the process. The implication is that the people who may live at the new development will be bound by a ten year Permit and will not have the opportunity to participate in the process for an unduly long period. This is incorrect. There is nothing in the Permit, application materials, project files, public testimony or the ORDER which limits future owners' options for submitting a new Permit application to the City of Renton specific to their wishes. Alternatively, they could seek a revision in the Permit, which would likely trigger a full review process by the City of Renton. Finally, the residents, if they so desire, could simply not dredge the May Creek Delta. The ORDER does not place any requirement to dredge the May Creek Delta to mitigate potential flooding. Nor does the ORDERR require the Barbee Mill Company to transfer the permit to the homeowners. Implementation of the permitting process and dredging has been a voluntary burden that has been funded to date entirely by the Barbee Mill Company. The Barbee Mill Company has dredged the May Creek Delta for over 50 years for navigational and flood protection purposes. The permitting process has resulted in numerous hearings before the Hearing Examiner of the City of Renton. The request for a ten year Permit does not represent an unduly long period of time for a maintenance dredging Permit given that dredging has been conducted for decades and will be necessary for many more decades or until such time that May Creek Basin source control measures are effectively implemented to minimize the deposition of sediments in the May Creek Delta. A ten year Permit duration is also reasonable in the context of site development. Site build-out will take a number of years from the point in time that all Permits have been secured, infrastructure improvements constructed, and mitigation work is implemented before residents will be able to move in. A ten year Permit is not an unduly long period of time by any stretch of the imagination and will only afford the owner's a short buffer of time before new permits (local, state, and federal)must be secured to conduct dredging. The Findings of Fact also recognize the participation of numerous state and federal agencies directly involved with every dredging event. These regulatory entities include the U.S. Army Corps of Engineers, National Marine Fisheries Service, Washington State Departments of Fish and Wildlife, Natural Resources, and Ecology. Each of these regulatory entities provides substantial process and review prior to issuing conditioned approvals or Permits. During the public hearing, the Hearing Examiner posed the rhetorical question, "Should nature be allowed to take its natural course?" The implication is that there is some rationale or fact to suggest that dredging is unnecessary. As referenced in the Biological Assessment,3 The May Creek Basin Action Plan(April 2001), makes the primary conclusion and recommendation that"continued dredging is the only viable alternative"4 [until such time as effective erosion control measures are implemented in the May Creek Drainage Basin]. The City of Renton Council and the City of Renton Building/Planning/Public Works Department were participants in developing the May Creek Basin Action Plan. In response to the Examiner's remarks about the necessity of dredging, there is no support for this inference in the referenced scientific literature, project files, application materials, public testimony, City of Renton policies, guidelines, or adopted planning documents. If the purpose for the judgement, which conditions the Permit with a five-year duration is based on speculative 3 The Biological Assessment(Meridian Environmental, Inc.)was presented as Item 14 of the Land Use Permit Application Nogif and submitted to the City of Renton. 4 May Creek Basin Action Plan,p.3-23 Page 2 of 4 Request for Reconsideration of the hearing Examiner's ORDER granting a Special Permit for Grade and Fill questions of necessity of dredging in the future, then Condition No. 1 of the Decision is not grounded in fact. �.r One of the primary recommendations of the adopted May Creek Basin Action Plan was that [public policy should] "Facilitate Permitting for May Creek Delta Dredging."5 This policy of "facilitating Permitting" as identified by the May Creek Basin Action Plan does not mean that shorter Permit cycles facilitates the public interest in mitigating potential flood damages to life and property. Rather, the recommendations of the May Creek Basin Action Committee recognize the necessity of dredging the May Creek Delta and that facilitation of this action should be promoted and not burdened by the additional cost of permitting and uncertainty that is created with every Permit process. Conclusion No. 3 of the ORDER provides that "dredging has apparently not created any untoward problems in the way of traffic, contamination or noise." Recent dredge events have been of considerably larger scope than flood mitigation/maintenance dredging permitted by the ORDER. While these dredging events have occurred at the site, the facility has existed within a largely residential community6 for many years without untoward problems in the way of traffic, contamination or noise arising from dredging. The City of Renton recognized the non-conforming land use status of former mill operations with the COR land use designation in 1993. Conclusion No. 3 also states that "conditions have changed since the last Permit was issued." While it is true that mill operations have been discontinued, the residential nature of immediately adjacent properties has not. Development of the Barbee Mill property will create additional immediately adjacent residential area subject to these impacts. However, there is a substantial difference, and it is more that just proximity. Residents at the new community will have a vested interest in protecting their property from flooding. This is a distinctly different perspective than that which is entertained by the current adjacent residential community. The Barbee Mill Company is '4111., sensitive to the potential for short-term equipment noise and truck traffic impacts that are an unavoidable consequence of dredging. As discussed in our Permit application materials and as presented at the public hearing, at build-out we will mitigate these impacts to the extent possible by off-loading dredged materials at Quendall Terminals. The net result is that noise to nearby homeowners will be reduced substantially and heavy truck traffic within the development can be eliminated. If effective erosion control measures are ever implemented in May Creek Valley, then the "changed conditions argument"would take on a meaning that we could all agree with. Given the high cost of Permitting and the uncertainty of a shorter Permit cycle, the benefits of a predictive level of certainty over a ten year period is a substantial benefit to the Barbee Mill Company and to future homeowners. Rather than accept the high cost and uncertainty associated with a five year Permit, the Barbee Mill Company will retain title to the Permit for the next ten years. While this is not the most desirable situation, this is an acceptable condition to the Permit for a Special Grade and Fill Permit provided that Condition No. 2 is waived and that other unacceptable terms or conditions are not added to the current Permit. 2. Condition No. 2 of the Decision requires: "The applicant shall provide documents outlining the joint and several responsibility of future homeowners in the currently approved plat for paying for the future Permitting_and dredging operations," subject to the review and approval of the City Attorney. This condition presents an unnecessary and unreasonable interference in private contracting matters. Rather than argue the legal basis of this Permit condition, the Barbee Mill Company is prepared to retain ownership of the Permit and to seek compensation from the 5 Recommendation No 10,May Creek Basin Action Plan,April 2001,p3-1 6 See the List of Surrounding Property owners provided in Item 6 of the Dredge Permit Application. Page 3 of 4 Request for Reconsideration of the Hearing Examiner's ORDER granting a Special Permit for Grade and Fill homeowner's without involving the City of Renton. Acceptance of The Barbee Mill Company's offer to retain title to the Special Permit for Grade and Fill for the next ten years effectively obviates the need for submitting documents outlining the joint and several responsibility for future homeowners to '41IF the City of Renton. There is a certain efficiency to this result. The City of Renton can maintain a prudent distance from having to approve of the process and contractual terms by which responsibility for payment of dredging will be implemented. Alternatively, if Condition No. 2 cannot be waived, the Barbee Mill Company requests that a document"outlining the joint and several responsibility of future homeowners in the currently approved plat" be delayed until such time that such a transfer is contemplated. Respectfully submitted this 8th day of June,2006 jlar' lc ' �C.�t r, /��JJJf %/ S ,/ LLOYD&ASSOCIATES, INC. R. Michael Lloyd cc. R. Cugini, Vice President, Barbee Mill Company Page 4 of 4 May 25,2006 OFFICE OF THE HEARING EXAMINER Nome CITY OF RENTON Minutes OWNER/APPLICANT: Barbee Mill Company PO Box 359 Renton, WA 98057 CONTACT: Michael Lloyd Lloyd&Associates 38210 SE 92nd Street Snoqualmie, WA 98065 Lake Washington/May Creek Dredging File No.: LUA 05-138, SP, SM, ECF LOCATION: 4300 Lake Washington Blvd. SUMMARY OF REQUEST: Applicant seeks a 10-year Special Permit for grade and fill in order to dredge the mouth of May Creek where sediments collect. Removal of fill will prevent flooding of the Barbee Mill property and maintain navigational depths. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions • DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on April 11,2006. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the April 18, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday,April 18, 2006, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: IExhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map and Zoning 7 application,proof of posting,proof of publication and Map other documentation pertinent to this request. Lake. Washington/May Creek Dredging File No.: LUA-05-138, SP,SM,ECF May 25,2006 Page 2 Exhibit No.3: Map of Existing Contour Elevations of Exhibit No.4: Proposed Dredging Contours of the May Creek Delta Area May Creek Delta Area Exhibit No.5: Cross Sections AA-BB-CC for Exhibit No.6: Video Showing 1990 Flooding of May Proposed Dredging Area Creek Exhibit No.7: Exhibit 6 from Preliminary Plat Hearing showing the Southern Portion of the Plat The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way,Renton, Washington 98055. The subject's property is quite large and is zoned Commercial Office Residential. May Creek flows through the southeastern portion of the property and discharges into Lake Washington at the southern terminus of the property. The mouth of May Creek is where the proposed dredging would occur. The subject site is located to the west of Lake Washington Boulevard North and approximately north of North 40th Street. The existing uses to the north include vacant property and residential property, to the east are residential properties,to the south are residential properties and to the west is Lake Washington. The site is currently utilized by the Barbee Mill Company,however a residential development proposal is being reviewed. The preliminary plat has been approved and the project is waiting for site plan review and approval. The applicant is requesting a 10-year permit to dredge the mouth of May Creek,they estimate that the dredging would occur three times over the next 10 years. The have requested that the frequency and amount of material to be removed remain flexible,that amount can vary dependent upon the weather conditions. They are estimating that the total amount of dredging over that 10-year period would be anywhere from 12,000—40,000 cubic yards to maintain the proposed dredge contours. The project was last reviewed at a public hearing on December 16, 1997, at that time they requested an annual dredging permit for a 5-year period. The dewatering areas are located to the north of the site with an alternate dewatering area that is located to the south. The alternate site has been proposed due to the development projected for the north. The Environmental Review Committee issued a Determination of Non-Significance—Mitigated for the project with 2 mitigation measures. No appeals were filed. The material could be removed via Lake Washington by boat,a portion is proposed to remain on site and some of it could be removed by trucks to Lake Washington Blvd. The applicant has identified a 608 square yard dewatering area to the north of the proposed dredging area and a 487 square yard dewatering area to the south of the proposed dredging area. During the dredging operations, it is estimated that as many as 150-200 truck loads of sand and gravel may be moved off site over a three-six week time frame. A portion of the clean fill may be used on site. The traffic impacts are expected to be limited in duration and are not anticipated to cause significant adverse impacts to the existing roads. No screening, landscaping, fencing or setbacks are required for the dredging area. The proposed dewatering ,, time area required compliance with the DOE 2001 Storm Water Management Manual for erosion and sedimentation Lake. Washington/May Creek Dredging File No.: LUA-05-138, SP, SM,ECF May 25,2006 Page 3 — control. In addition a shoreline restoration plan with a 10-foot vegetative buffer was proposed as part of the biological assessment that was submitted to the US Army Corps of Engineers. The plan proposed a variety of native shrubs, trees and groundcover to provide habitat areas along that shoreline. The dredge material would temporarily be stockpiled on the dewatering areas to dewater the spoils. The applicant will need to remove the spoils from the temporary storage areas to an upland location within six months of each dredging cycle. The applicant intends to sell the majority of the dredge spoils,some may be used on site as fill during the site development of the residential development. The noise levels are anticipated to be limited in duration during the dredge cycles. The water from the spoils would drain out into the soil and eventually back into Lake Washington. No testing of the dredge soils has been recommended at this time. Michael Lloyd, Lloyd&Associates, 38210 SE 92nd Street, Snoqualmie, WA 98065 stated that in terms of the volume of materials to be dredged, the number is higher than obviously what is anticipated,but the weather is not always predictable. Three to four thousand yards seems to have been the historical tradition in this area. The dewatering site on the north shore has been used in the past for eight to ten years. It has worked very effectively,as the material go into the stockpile,it was not necessary to use trucks, the dredge materials themselves rapidly dewater. If the development should occur,the area to the south,alternate dewatering area, should work just fine, it will result in a slightly slower pace but not extensive modification of the pace of the work. Typically testing is done at each dredging,they have always been very clean, it is not a big issue to grab a sample and run it through a lab. Robert Cugini,Barbee Mill Co., PO Box 359,Renton,WA 98057 stated that the reason for the 10-year permit is to deal with the issues for the future with May Creek and the development of the property as residential property. This will provide some surety that all issues will be dealt with in the future. In the past they have operated under five-year permits that resulted in one or two dredges during that time. The cost of getting the permits is substantial,in fact the permitting cost associated with obtaining one is generally larger than the cost of doing the work. The mouth of May Creek has been dredged since 1947 on a 3-5 year cycle. The southern dewatering area has been chosen because of the development going on in the northern section. Lot 48 in the new plat is the former northern dewatering area. The southern dewatering area is a storm water detention area and is scheduled as open space,there is some discussion as to how the turnarounds will work in this area. There is residential to the south,that land is also under the ownership of the Cugini's. The material could be moved off-site via water,there is potential for reuse on the Quendall site, which is the site just to the north. A video was shown of the January 1990 flooding on May Creek. The water was 10-20 times more than normal for the creek. The dredging was on a cycle of every two to three years. As development grows in the area,the cost of the dredging will be turned over to the homeowners. The last permit cycle was approximately$200,000 and that does not include the dredging,just the cost of obtaining a permit. There are 115 homes proposed for the development. In the last cycle there were bark and wood waste issues in front of the pre-existing sawmill and that was included in some of the costs. Lake. Washington/May Creek Dredging File No.: LUA-05-138, SP, SM,ECF May 25,2006 Page 4 Kayren Kittrick,Development Services stated that there is a storm drainage pond that is part of the erosion *IS control for the plat on the south shore, directly adjacent to the boathouse lot. A scow has been used in the past for dredging portions of the creek/river and the resultant sand and gravel was transported to another site. This prevents any stockpiling close to the creek. Dewatering can be accomplished without stockpiling on site. Truck traffic is more difficult. The roads inside this plat are not specifically designed for large amounts of traffic. The property owners would most likely not be happy with this kind of traffic every three to four years. The Examiner questioned if ten years was appropriate for this permit. The future homeowners would be burdened with a large expense every three to four years with this process. Should nature just be allowed to takes its natural course? Ms.Kittrick stated that the Cedar seems to be mellowing out,May Creek uplands are still significantly underdeveloped and most likely will remain that way. If nature would be allowed to take its course,she was not sure what it would do without some sort of study to see what would happen,the fact that it has been dredged all this time,the greater concern seems to be with testing the site. The Corps of Engineers and DOE most likely have that well covered. Because this is a ten year request,the people who move into the new development will have a severe interest in this process,both monetarily as well as the impacts to their daily lives. Although a ten-year permit could be granted,the Corps of Engineers and the DOE still would review each and every dredging process. Mr. Cugini stated that regarding the potential for contamination in the spoils that are removed during the dredging. They test every time they dredge and have found nothing. The site is removed from the potential contamination to the north and separated by quite a distance. The May Creek channel is quite far from any 44.11 potential issues. They will continue to sample the dredge material and validate that there are no issues. At this point all three sites along the lake had some contamination from the industrial activity over the years. The Quendall Terminal site was the site of the Riley Tar and Creosote Manufacturing facility and of the three sites has the most issues. Both the Barbee Mill site and the Allen site to the north have been undergoing voluntary clean up under the DOE supervision. The Examiner called for further testimony regarding this project. There was no one else wishing to speak,and no further comments from staff. The hearing closed at 10:01 am. FINDINGS, CONCLUSIONS&RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Michael Lloyd, Lloyd&Associates, filed a request for approval of a Special Permit for dredging the mouth of May Creek. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Declaration of Non-Significance-Mitigated(DNS-M) for the subject proposal. Ned Lake.Washington/May Creek Dredging File No.:LUA-05-138, SP, SM,ECF May 25,2006 Page 5 *re.- 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4300 Lake Washington Boulevard. The site is located on the shoreline of Lake Washington. May Creek flows southwest across the site. 6. A plat has been approved for the former lumber mill operation that occupied the subject site. The proposed use and past use are located on both sides of the creek. 7. The subject site was annexed to the City with the adoption of Ordinance 1804 enacted in December 1959. 8. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Office and Residential uses,but does not mandate such development without consideration of other policies of the Plan. 9. The subject site is zoned COR(Center: Office/Residential)a category applied in June 1993 with the enactment of Ordinance 4404. 10. The applicant proposes a new permit that would extend approval for the periodic dredging of materials that accumulate at the mouth of May Creek. An existing five(5)year permit was approved for the site in December 1997. That permit has expired. The applicant would like a ten(10)year permit. The applicant noted that permit process is time-consuming and costly. In addition,the applicant needs an Army Corps permit,which has a duration of ten years so that the time periods would coincide if this permit were also issued for 10 years. New 11. As indicated above this site was reviewed for a previously approved permit. Until recently there have not been many changes in the area but a plat for detached single-family homes has been approved for the subject site. 12. The proposed project area is approximately 55,000 square feet. The applicant has estimated that between 12,000 to 40,000 cubic yards of material would be dredged from the mouth of May Creek. The amount is an estimate and varies depending on the storm conditions and the amount of material deposited by those storm events. The accumulated materials interfere with flows of the creek and the impeded creek can cause flooding. Routine maintenance is a permitted exemption allowed the applicant under the Shoreline Management Program. 13. Materials would be stockpiled on the site and dewatered to reduce their weight and make them suitable for other uses. The dewatering will occur north of the mouth of the creek but could get displaced if the plat were developed during the permit period. Water will drain from the materials back into the lake. This area will provide temporary storage while water drains from the materials. There is also a possibility that the materials would be taken away from the site by barge if stockpiling locations become limited. 14. The applicant proposes selling the materials. Some materials,if suitable, could be used for the development of the subject site. 15. Each dredge event requires separate review by both the State Departments of Ecology and Wildlife(for vaiim,, fisheries review). Actual dredging would be dictated by storm events and the amount of material that such events deposit in the delta area. There may be years without any need to dredge. The estimate is Lake. Washington/May Creek Dredging File No.:LUA-05-138,SP,SM, ECF May 25,2006 Page 6 that over the life of a ten-year permit dredging would occur approximately three times. The historic trend has been to remove approximately 3,000 to 4,000 cubic yards of material every three to four years. 16. The process will be subject to erosion and sedimentation control measures under State Department of Ecology guidelines. There will be a ten-foot shoreline restoration plan along the shoreline,which was required by the Army Corps. Staff was concerned that screening and buffering for the potential residential development was not included and recommended that a plan be submitted. 17. The removal of the materials from the site would require approximately 100 to 200 round trips for the exportation of materials. These trips will depend on how much material is deposited by flood and normal accretion. The haul route would be via Lake Washington Boulevard. Staff indicated that the temporary nature of the hauling would not substantially interfere with traffic in the area. Staff has recommended that all spoils be removed from the site within six months and that no storage,after dewatering,occur within 200 feet from the edge of the planted area of May Creek. 18. Testing in the past has demonstrated that the materials show no significant levels of contamination. Sampling of materials will continue as needed since their use at other sites could cause liability if it were not clean and most sites that accept materials also require the materials to be tested. 19. All operations will be monitored by appropriate state and federal agencies to assure that fisheries are not interfered with and water quality is maintained. 20. The new permit would potentially allow dredging after the plat is developed and occupied. That could affect the permit and issues like stockpiling,haul routes and noise. There will also be a multiplicity of ownerships if the property is platted as proposed. There probably should be a way to provide notice to those purchasing homes in the plat that they might be responsible for periodic but substantial dredging costs. CONCLUSIONS: 1. The proposed dredging operation appears to serve the public use and interest. If the materials proposed to be dredged were left in place they would lead to flooding along May Creek. Both life and property could be harmed if the creek overflows its banks. The removal of the materials building up at the delta will prevent flood damage and should be approved. 2. As in the past,the applicant will have to work under permits issued by other jurisdictions to avoid an interference with fish migrations. All operations will remain subject to review by agencies with appropriate jurisdiction and expertise. 3. In the past,the dredging has apparently not created any untoward problems in the way of traffic, contamination or noise. But conditions have changed since the last permit was issued. Approval has been granted for a substantial residential development immediately adjacent to the site of the proposed dredging. The dredging does create impacts that might not affect the industrial character of the existing area which would definitely affect a residential community if the plat were ultimately developed. Dredging,hauling and noise are just some of the possible consequences of this operation. Again,those impacts on the current area probably are negligible but that would not be the case if the area were surrounded by single-family homes or other residential uses. Therefore, rather than create an unduly long period before another review that would occur for a ten year permit, this office believes that a shorter permit is appropriate even given some of the issues raised by the applicant. Clearly, convenience and timing with an Army Corps permit would be nice but the Army Corps is not interested Lake. Washington/May Creek Dredging File No.: LUA-05-138,SP,SM,ECF May 25,2006 Page 7 ''iewo"' in the affects on a residential community that might be developed in the next year or two. Therefore, the permit shall be issued for five years. 4. The applicant shall remain under the same constraints as were found in the earlier permit. The materials will have to be removed from the subject site within a reasonable time. Staffs recommendations are appropriate for the length of stockpiling, location and movement. 5. The other previous conditions regarding the temporary storage of the materials on the site in a location that is at least 200 feet from the outer edge of any landscaping located along May Creek or the shoreline of Lake Washington are still appropriate. 6. Any storage or placement of materials on the site that results in any permanent or topographical changes of the applicant's property shall be subject to separate review under the Mining, Excavation and Grading Ordinance unless permitted under the platting development regulations for the currently approved plat. 7. The conditions recommended by staff are appropriate given the sensitive nature and location of the subject site. 8. The size and intensity of the operation and restoration efforts appear appropriate given the nature of the site and its current uses. The additional truck traffic will not unnecessarily burden the adjoining streets. DECISION: The Special Permit for Grade and Fill is approved subject to the following conditions: 1. The permit shall be for a period not to exceed five years. The applicant shall be entitled to apply for a new permit under the regulations that exist when a new permit application is submitted. 2. The applicant shall provide documents outlining the joint and several responsibility of future homeowners in the currently approved plat for paying for the future permitting and dredging operations. These documents shall be subject to review and approval of the City Attorney. 3. The applicant shall be required to comply with all of the ERC Mitigation Measures. 4. A plan indicating how the dredging activities and dewatering areas will be screened from the proposed residential development shall be submitted to the Development Services Division Project Manager prior to the issuance of residential building permits on the upland portion of the subject site. 5. The dredging spoils are to be temporarily stored in the area described in this permit for no more than six months from the date that the dredging is completed for each dredging cycle. The applicant shall provide the City with the date the maintenance dredging is started and completed, and the date by which the dredging spoils are to be removed each year that it is necessary to complete the maintenance dredging. This will avoid any confusion between the applicant and City staff. ORDERED THIS 25th day of May 2006. Lake. Washington/May Creek Dredging File No.:LUA-05-138, SP,SM,ECF May 25,2006 Page 8 FRED J.KAUF HEARING E ' iINER TRANSMITTED THIS 25th day of May 2006 to the parties of record: Jill Ding Barbee Mill Company Kayren Kittrick 1055 S Grady Way PO Box 359 Development Services Div. Renton, WA 98055 Renton,WA 98057 Renton,WA 98056 Michael Lloyd Robert Cugini Lloyd&Associates Barbee Mill Company 38210 SE 92"a Street PO Box 359 Snoqualmie,WA 98065 Renton,WA 98057 TRANSMITTED THIS 25th day of May 2006 to the following: Mayor Kathy Keolker Stan Engler,Fire Jay Covington, Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman,PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts,Development Services Jennifer Henning,Development Services Janet Conklin,Development Services Stacy Tucker,Development Services King County Journal Pursuant to Title IV,Chapter 8, Section 100Gof the City's Code,request for reconsideration must be filed in writing on or before 5:00 p.m.,June 8,2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,June 8,2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one) communications may occur ""1111 concerning pending land use decisions. This means that parties to a land use decision may not communicate in Lake.Washington/May Creek Drc—ging File No.:LUA-05-138, SP, SM,ECF May 25,2006 Page 9 private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner LAKE WASHINGTON/MAYCREEK DREDGING LUA05-138,SP,ECF,SM PUBLIC HEARING DATE: April 18,2006 Page 4 of 7 low 2. ENVIRONMENTAL REVIEW • Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended) on March 14, 2006 the Environmental Review Committee (ERC) issued a Determination of Non-Significance— Mitigated (DNS-M) for the project. The DNS-M included 2 mitigation measures. A 14-day appeal period commenced on March 20,2006 and ended on April 3, 2006. No appeals of the threshold determination were filed. 3 COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non- Significance—Mitigated: 1. The applicant shall provide a Temporary Erosion and Sedimentation Control Plan(TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements,outlined in Volume II of the 2001 Stormwater Management Manual.This condition shall be subject to the review and approval of the Development Services Division. 2. The applicant shall comply with the recommendations found in the Biological Evaluation prepared by Meridian Environmental, LLC, dated June 28,2005. 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' • ,-.c - -----, A • / •--:,::}.,-.1.7:.:.•::::-;;. ,,,I...„-- -..-mc.Jti-,• -_, .— _ ....., s \.\ %. -• i ,,..., \..\\ May Creek Delta _.,. , 1 2$ mm ow, ,'-., y.44':1 1:.• •: , I NShoreI 7Hab ta1fl/ i AreaB240:sf4, --- ' .. ' • •1 ...„, .„, , • /..,./ ‘ __,.: • „ --. , ik_____ ss _---- l / f ' / 1 i ';';5.•'-,' i 102figaagil‘"°117$.4 " i , ch /ii : 1 r-0-1- .--A- , I `"•.. <4;"-Isf:riv,.:,i-,,--- S. ,' 1 ,3---. -\ 4 --- i v- I r n _1 ,-- , I./ I i • Flood Mitigation Maintenance Dredging-May Creek Delta/Lake Washington PRO3ECT LOCATION SHEET IN: Lake WashingiOn AT: 4300 take Washington Blvd.ti. Shoreline Planting Plan *Age King County,Renton,WA 98056 1 of 9/18/05 • CITY OF RENTON COUNCIL AGENDA BILL AI#: /6/ Submitting Data: Community Services For Agenda of: July 10, 2006 Dept/Div/Board.. Facilities Staff Contact Peter Renner, Ext. 6605 Agenda Status Consent X Subject: Public Hearing.. Joint Agreement and Memorandum of Understanding Correspondence.. between the City of Renton and King County Fire Ordinance District#25 and The American Red Cross serving King Resolution and Kitsap Counties Concerning the Disaster Relief Old Business Supply Building and its Supplies Exhibits: New Business Issue Paper Study Sessions Memorandum of Understanding Information Recommended Action: Approvals: Refer to the Public Safety Committee Legal Dept X Finance Dept Risk Management X Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: During emergency preparedness planning and exercises, it became apparent that the lack of local disaster supplies for certain types of incidents could have a serious negative impact on relief efforts. The American Red Cross, as it has elsewhere in this and other counties, offered to provide, supply, and support a Disaster Relief Supply Building. No City funds are required as the Red Cross received a grant from the Boeing Employees Fund for this project. The purpose of this Joint Agreement and Memorandum of Understanding is to provide a process for this building to be constructed, equipped, and maintained. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Joint Agreement and Memorandum of Understanding Between: The City of Renton and King County Fire Protection District#25 and The American Red Cross serving King and Kitsap Counties Concerning the Disaster Relief Supply Building and its Supplies. ase Rentonnet/agnbill/ bh Y `f .> COMMUNITY SERVICES DEPARTMENT MEMOR AND UM DATE: June 26, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: .' Kathy Keolker, Ma or FROM: Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. 6605 P'_ SUBJECT: Joint Memorandum of Memorandum of Understanding Between: The City of Renton and King County Fire District #25 and the American Red Cross serving King and Kitsap Counties Concerning the Disaster Relief Supply Building and its Supplies. ISSUE: Council approval is needed to enter into a Joint Agreement and Memorandum of Now Understanding that enables the American Red Cross serving King and Kitsap Counties to place, supply and maintain a Disaster Relief Supply Building. RECOMMENDATION: Staff recommends Council authorize the Mayor and City Clerk to sign the Joint Agreement and Memorandum of Understanding Between: the City of Renton and King County Fire Protection District#25 and the American Red Cross serving King and Kitsap Counties Concerning the Disaster Relief Supply Building and its Supplies. BACKGROUND SUMMARY: The American Red Cross is a primary provider for disaster relief efforts. Because disasters may shut down normal transportation corridors, it has long been recognized that widespread pre-placement of disaster supplies is the best method to assure effective and spontaneous relief supply distribution, thereby improving survivability odds and reducing human suffering in an emergency. Our area of the County lacks a Disaster Relief Supply Building (DRSB). The Boeing Employees Community Fund generously provided a grant to the Red Cross to build and supply such a facility. The grant has a contingency that a site for the DRSB is located and that a permit is issued by the end of 2006. We do not see this as problematic. Niro, h:\peter renner 2006\infopaperredcrossmou.doc Kathy Keolker,Mayor Page 2 of 2 June 26,2006 Fire Station 16, operated jointly with King County Fire Protection District#25, is an ideal location in many ways. The building will have the appearance of a large three-car garage. There is sufficient space for the building on the property and no unusual grading or preparation will need to be made. The site has a helicopter landing zone. 24-hour staffing of the Fire Station provides significant security for the building. The Agreement stipulates that the Red Cross will be responsible for all aspects of the permitting,building, supplying, and maintaining of the Disaster Relief Supply Building. Staff is convinced that the quality of the building and maintenance stipulations of the Agreement will be sufficient for its intended purpose and location and will not require additional City maintenance funding. CONLUSION: The City has a great opportunity to improve its emergency preparedness by accepting the Red Cross offer to build, supply, and maintain a Disaster Relief Supply Building at Fire Station 16. h:\peter renner 2006\infopaperredcrossmou.doc Joint Agreement and Memorandum of Understanding Between: The City of Renton and King County Fire Protection District#25 and The American Red Cross serving King and Kitsap Counties Concerning the Disaster Relief Supply Building and its Supplies PARTIES: City of Renton • 1055 S Grady Way Renton, WA 98055 425-430-6400 King County Fire Protection District#25 Renton's Training Center 1900 Lind Av SW Renton, WA 98055 425-255-5151 The American Red Cross serving King and Kitsap Counties is a non-profit(501 (c)(3)) entity, Chartered by The American Red Cross. The mailing address of the organization is: American Red Cross Chapter serving King and Kitsap Counties PO Box 3097 Seattle, Washington 98114-3097 206-323-2345 DEFINITIONS: Owner. City of Renton and King County Fire Protection District#25, as defined under parties. Red Cross. American Red Cross Chapter serving King and Kitsap Counties, as defined under parties. Disaster Relief Supplies. Goods and materials used to permit disaster victims to recover from the effects of a disaster. Examples of such materials and supplies include, but are not limited to, cots, blankets, paper and hygiene products, forms and documentation, and related items. DERT. A Disaster Emergency Response Trailer is a 12' or 16' horse trailer stocked with the Disaster Relief Supplies necessary for opening and operating a Red Cross shelter. LERT. A Logistical Emergency Response Trailer is a 12' or 16' horse trailer stocked with the Disaster Relief Supplies necessary for opening and operating a Red Cross operational headquarters. Storage Building. A physical structure used to store Disaster Relief Supplies and/or a DERT and/or a LERT. The building referred to in this document is a 24' x 36' "pole building"built on a foundation of wooden posts (poles)with a wooden truss roof enclosed in painted steel. The building has a concrete floor and an 8' concrete or asphalt fronting apron. Access is gained through garage doors and a side entrance door. Interior and exterior lighting is provided through a low voltage, solar panel, system. l.✓ Storage Container. A storage container is defined as a twenty(20) or forty(40) foot trans-oceanic shipping container of the type used to transport goods and materials via road and waterway transport. Memorandum of Understanding page I of 5 Red Cross, City of Renton, and KCFPD#25 Localized Emergency. A man-made or naturally occurring disaster event which results in the displacement of citizens in the community, but which does not affect such a number of people that would necessitate the enactment of the county disaster plan. Declared Disaster. A disaster which receives official recognition from state government because of tftd magnitude of the disaster or the number of people affected by the event. PREAMBLE: All parties represented herein have determined that there is a need to stockpile and stage disaster relief supplies throughout King and Kitsap Counties for use by disaster responders and ultimately, by citizens during a disaster. It is anticipated that by de-centralizing and pre-positioning Buildings and Storage Containers with Disaster Relief Supplies in several community locations throughout King and Kitsap Counties the issuance of Disaster Relief Supplies during times of a declared disaster or localized emergency will be expedited. It is further recognized that government, citizens, and non-governmental organizations must coordinate response and recovery efforts in an effort to make the best use of limited resources and avoid duplication of services. Finally, it is recognized that there may be disaster events in the region which may be so devastating that transportation and communication services are disrupted. By compartmentalizing resources and services for affected community members, localized regions may find it necessary to engage in sheltering and other community support during times of disaster. It is the hope of all parties represented in this document that through this formalized agreement our goal will be to help ease suffering and save lives during or after a major disaster. IT IS UNDERSTOOD THAT: 1. The Owner has provided space on Owner property to construct a Storage Building. This space is at the following location: Fire Station#16: 12923 156th Ave SE, Renton, WA 98059, Parcel#1423059095 The proposed building area is in the southwest corner of this property, behind the parking lot and the existing storage containers. Space for the Building at this location shall be provided free-of-charge to the Red Cross by the Owner. There is absolutely no expectation of current or future costs, expenses, or taxes to be owed by the Red Cross for use of this space to host the Building. 2. The Owner acknowledges responsibility for keeping the Building's access points free and clear of vehicles, debris, or other obstructions which would prevent unfettered access and/or movement of the Disaster Relief Supplies in the event of a Localized Emergency or a Declared Disaster. If the Building is located behind a locked gate, the Owner shall provide the Red Cross with a key or code for 24-hour and immediate access to the Building. As the host and owner of the property, the Owner agrees to periodically monitor the Building's exterior condition and notify the Red Cross of any signs of damage, unauthorized access, or other conditions that might compromise the Building's contents. 3. The Red Cross shall assume all responsibility, costs, and liability for the construction of the Building. This includes all permitting, surveying, site planning, land prepping, and construction. During construction the Red Cross may request nominal support from the Owner personnel to supply existing documentation such as plats, site plans,previous permits, contacts, etc. to facilitate the permitting and Memorandum of Understanding page 2 of 5 Red Cross, City of Renton, and KCFPD #25 construction process. It is anticipated that this support would be provided by the Owner at no charge. 4. Once constructed, the Red Cross acknowledges responsibility for the maintenance of the exterior of the Building. Maintenance includes that level of care which preserves the integrity and usability of the Red Cross Disaster Relief Supplies stored inside, including, but not limited to, periodic inspections; cleaning, roof sealing and leak prevention; roof replacement; painting and rust prevention. 5. The Red Cross acknowledges responsibility for maintaining and keeping the Disaster Relief Supplies inside the Building usable and current at all times. This includes, but is not limited to, periodic inspection of the contents; replacement or removal of damaged or deteriorated items; rotation, replacement, or removal of expiring items. The Red Cross reserves the right to alter the level/quantity of supplies stored in the Building at any time. 6. The Red Cross shall provide the Owner with access to the Disaster Relief Supplies stored in the Building via a combination key box attached to the exterior of the Building. The Owner is permitted to give out the key box combination to Owner personnel they deem appropriate for access to the Building. 7. In response to a Localized Disaster,when authorized by the Red Cross, the Owner may use or authorize use of the Disaster Relief Supplies stored in the Building. 8. In response to a Declared Disaster, when authorized by the Red Cross, King County may use or authorize use of the Disaster Relief Supplies in this Building or other Red Cross disaster supply caches. Such a Disaster Declaration must come from the King County Office of Emergency Management, Washington State Department of Emergency Management, or the Red Cross. It should be understood that use of the supplies in a Declared Disaster supersedes use of the supplies for a Localized Emergency. 9. Since Red Cross disaster response often crosses county lines, the Red Cross reserves the right to send these Disaster Relief Supplies outside of King County in support of mutual aid agreements with other Red Cross Chapters or as requested by State, Service Area, or National Red Cross officials. 10. This Building and its contents shall be and shall remain the property of the Red Cross. In the event that the Owner sells, leases, or otherwise relinquishes their ownership or control of the property on which the Building sits, it shall give the Red Cross 90 days written notice advising them of the situation. The Owner agrees to negotiate in good faith with any future owner of the property to continue to gratis host the Building and the Disaster Relief Supplies under a Memorandum of Understanding similar to this one. 11. Conversely, if circumstances arise which require that the Red Cross permanently move the Disaster Relief Supplies stored in the Building, the Red Cross shall notify the Owner in writing 90 days in advance as to the reasons for the move, the move date, and the new supply location. The temporary movement of supplies to respond to a Localized Emergency or a Declared Disaster does not require this notification. 12. It is extremely important that all participants to this agreement understand the requirements of this agreement, in full. The signatory of each party is responsible for ensuring the party's performance in compliance with this agreement("responsible person"). In order to avoid misunderstanding(s)regarding a party's rights and responsibilities relative to the Building, each signatory shall institute a method for informing their successor about the terms of this agreement. After the new responsible person has reviewed the agreement, they will send a copy of the agreement dated and including the new responsible person's signature, to the other party and confirm receipt thereof. In this way, each party's responsible person will always know who the responsible person for the other party is. Memorandum of Understanding page 3 of 5 Red Cross, City of Renton, and KCFPD #25 • 13. Hold Harmless: Each party shall protect, defend, indemnify and save harmless the other party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits,costs, claims, actions, losses, penalties,judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Contract caused by or resulting from each party's own negligent acts or omissions. Each party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 14. Severability: The invalidity of any provision of this agreement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision herein. 15. Term: The term of this agreement shall commence on the date of the final signature of both parties and be subject to annual review on the final signature date. The agreement will remain in effect unless a request for modification or termination by either party is sent to the other party, in writing with at least 60 days notice. A letter of explanation of the requested modification or termination will accompany the notice in order to give the other party a chance to make the necessary changes. It must be remembered, the safety and well being of the citizens of King and Kitsap Counties and its municipalities is the goal of this agreement. Memorandum of Understanding page 4 of 5 Red Cross, City of Renton, and KCFPD #25 AGREEMENT The signatories below agree to the provisions above and will adhere to them during the course of this agreement. This agreement supersedes and replaces all previous agreements. For City of Renton Kathy Keolker Date Mayor Bonnie Walton Date City Clerk For King County Fire Protection District#25 l' ' Myron/K. Meikle D e " King County Fire Protection District#25 Board Chairman 4/e/er-6-e Thomas L. Tasa Da e King County Fire Protection District#25 Commissioner r a 'L Ray :ari leaux > ate King County Fire Protection District#25 Commissioner For Red Cross Chapter serving King and Kitsap Counties ,-/"/"/ a//,- /„„ John Simpson, ' Date Director of Emergency Services Memorandum of Understanding page 5 of 5 Red Cross, City of Renton, and KCFPD #25 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: July 10, 2006 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Finseth Short Plat(LUA05-027). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Report and Decision "'`' Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted ' Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a 10' x 72.50' wide, (approx. 725 sq.ft.) strip of land required for additional street widening of Morris Ave S. The dedication is a requirement of the Finseth Short Plat, LUA05-027. Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2006\Finseth SHPL 02m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number:7222000285 Project File#:LUA 05-027 Street Intersection: 1616 Morris Ave Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. Russell W.Finseth 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) The West 10 feet of south half of tract 48,Renton Co-Operative Coal Company's Tracts,Plat No.2,according to the plat thereof recorded in volume 9 of plats,page 27,in King County Washington. SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. err Approved and Accepted By: Grantor(s): Grantee(s): City of Renton Russell W.Finseth Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Page 1 FORM 04 0001/bh ) P ) EXHIBIT Aw o,'4 s r� 9 si 1 C.)..:.• .: eh-, , : ! 1.:'..e.1-*....v....,;,. .4. 6.:.7 ii: 7 B: • No Lto o ` n N C M 3 op o 0 LEGAL DESCRIPTION: 4.A Ca w CO o THE WEST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: Q,) 3 0 0 G THE SOUTH HALF OF TRACT 48, RENTON CO-OPERATIVE COAL COMPANY'S It 0 .- I .0 • cv TRACTS, PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE 27, IN KING COUNTY, WASHINGTON. z in Y c Q s o O o0 7 o C 2 1 L ti Z 0 0 tii Q ._. 0 F- o X ›. W 2 49. co T-4 C) O v'-' 0 1 1 N C0 NC m .. O 03 co M M 3 Z to ,n a m INDEXING DATA: N.E. 1/4, S.E. 1/4, SEC. 19, T. 23 NORTH, R. 5 EAST, W.M. 1 ZIO 1 ► EXHIBIT B �.�:• � Is/9 1 ! --:::,'''. 1 4i _ • RIGHT OF WAY DEDICATION TL #0281 ; �e %1 8 i Wi [ ORDEDUNOERRECORDING 1 � : :0%.449.......0r6 i. i!JINN TRACT 48 la; ----mac .sr _NA. a ALN. 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Finseth 1616 Morris Avenue S Renton,WA 98055 Contact: Cramer NW, Inc. 945 N Central#104 Kent,WA 98032 File Number LUA-05-027 SHPL-A Project Manager Nancy Weil,Senior Planner Project Description This is a request for an Administrative Short Plat Review for the subdivision of an existing 21,600 square foot (0. 49 acre) parcel zoned Residential—8 dwelling units per acre into 2 lots with a 20-foot wide private access easement and 10-foot wide dedication of public right-of-way. An existing 1,745 sq. ft. residence is proposed to remain on Lot 1; the detached garage is to be removed. Access to the proposed lots would be from a shared Now private driveway easement off of Morris Ave S. Project Location 1616 Morris Avenue S - �-4::.... - ...:��,,_..., . stints[ . .. .rwcr 0111x7 LVA - = A tt$TWal' t#- o0L7101 ..-- .. io cilr 1 w1 ;_.,_____Hi= } 1 -/- •.7 -Z„ --..av __T___T 3 4a. '+4g M ! na "t _ 'IP 111 t. � ,0 030 ' � —r• -40 X iLi444" ,0 - @ . Ji •� � ! 01N_ 7003 p: .'51.x" 44;; �aFF` 0095 0./ 0 160^;t 1 30.f 10.._ -. - : _ -3.!7 y 10 m6 t! " �‘ �> ?� �e (° f.les - 0230 II e 023. a7>s 7I . f&' 036 I 1 R Yi '! w 14 gA I 41 icy Q210 t 1 �03V 97 . 1.032 1 1.070 �I+ ,)/x.00 0 000 '0 0710 0073 4 0000 4E A .�__lx_ 75 1 _r_ 50 n >. - >00 es 0707 �,� 477 it ,,A /1 47 — 011+1111 f• e ..� > oxt 4 4. I A, an [ ,� / Is .,. OON 0240 .�. Mi..3-1!i _ 4..N 7' 40'+ 41 WI 1.101K A b-"=_____ ' O 1.000 1.000 0� i¢' J ••• 0325 w , 0.007 V I0090 0730 , ...- ,I 1 ail .. '. ., - - an 13 111 0700 s^ ap 1 0 ril a . 10, - C n_.+11.1...2elt� F "1 s I:,,...K. 0003 0001 9 D10 0730 4 OOPS 40020 0 006 ' 000 Coo` ♦> no 033] I W 00 09 30.31 .- *110 c - _ "'S'---hF--f> -- 70071,}0107 D. r.4a k t Project Location Map SHPLRPT 05-027.aoc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Russell W. Finseth 1616 Morris Avenue S Renton,WA 98055 2. Zoning Designation: Residential—8 du/ac(R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family(RSF) 4. Existing Site Use: The site has a single-family residence proposed to remain on new Lot 1 and a detached garage to be removed. 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) East: Single Family Residential(R-8 zone) South: Single Family Residential (R-8 zone) West: Single Family Residential(R-8 zone) 6. Access: Morris Avenue S 7. Site Area: 21,600 square feet/0.49 acres C. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 1547 06/05/1956 D. PUBLIC SERVICES: 1. Utilities Water: There is an 8-inch water main fronting the property on Morris Avenue S. Derated fire flow in the vicinity is approximately 2,000 gpm. Static water pressure in the area is approximately 75 psi. The project site is located in the 300 Water Pressure Zone. Sewer: There is an 8-inch sewer main fronting the property on Morris Avenue S. Surface Water/Storm Water: There is no drainage facility fronting the site along Morris Avenue S. 2. Streets: The project site will gain access off of Morris Avenue S via a 20-foot wide private access easement. Applicant has received an Off-Site Deferral for curb, street lighting, and sidewalk improvements along Morris Avenue S. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations SHPLRPT 05-027.doc City of Renton PIB/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 3 Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Single Family 2. Community Design Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The owner, Russell W. Finseth, is proposing to subdivide a 0.49-acre (21,750 square feet) parcel zoned Residential —8 (R-8) dwelling units per acre into two lots. The property currently contains a 1,745 square foot single-family residence, which will remain on new Lot 1. The existing detached garage at the rear of the site shall be removed as part of this short plat. Access to the proposed lots would be through a shared 20-foot wide private access easement off of Morris Avenue S extending 138 feet along the north side of Lot 1 to the front property line of Lot 2.A ten-foot right-of- way dedication shall be required along the frontage of the site on Morris Avenue S. The proposed lot sizes (after the deduction of public right-of way dedication and private access easement)are: Lot 1 at 7,276 sq. ft. and Lot 2 at 10,978 sq. ft. Based on the net acreage, the proposal would have a net density of 4.7 dwelling units per net acre (du/ac). The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. The topography of the subject site is generally flat with a gradual slope of less than 5% from southwest to northeast. The soil type is generally Beausite gravelly sandy loam. The site is open meadow and a conceptual landscape plan was submitted with the land use application for the planting of two trees per lot. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development.These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. Lands in the RSF designation are intended to be used for quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single-family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: SHPLRPT 05-027.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 4 Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling unit ; per acre in Residential Single Family neighborhoods. Niue The proposed project for two lots would arrive at a net density of approximately 4.7 dwelling units per net acre, which is within the allowable density range once the plat has been revised to deduct all required public right-of-way dedications and private access easements. The lot was limited in creating an additional lot due to the retaining of the existing residence and long narrow lot dimensions. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. All of the proposed lots exceed the minimum lot size of 5,000 square feet. Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space,landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. The proposed new lots would meet the required lot size,width, and setbacks to create sufficient front, rear, and side yard areas. Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. The proposed short plat would subdivide an existing parcel into two lots. The existing residence would remain on one of the lots thus allowing for one new single-family dwelling to be constructed, updating the housing stock in the existing neighborhood. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential —8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single- family dwelling unit and one existing home remaining within the short plat. The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. The property does not contain any sensitive areas but does propose a private access easement and a 10-foot wide right-of-way dedication is required for the widening of Morris Avenue S.for short plat approval. Based on two lots and after the deduction of the required right-of-way dedication and private access easement, net density would arrive at approximately 4.7 dwelling units per acre, which is within the allowed density range for the R-8 zone. As the plat and density worksheet submitted by the applicant does not accurately depict right-of- way dedication and access easement deductions, staff recommends the following as a condition of short plat approval: the applicant shall submit a revised plat showing a private 20-foot wide access easement with 12 feet of pavement. Additionally, the short plat shall be revised to show the adjusted net lot area for Lot 1 and net density. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. The allowed lot dimensions for the R-8 zone are minimum lot width of 50-foot for interior lots, 60- foot for corner lot and minimum lot depth of 65 feet. As proposed, Lot 1 would be fronting Morris Avenue S with a lot width of 72.50 and depth of 138.57. Lot 2 would 72.50 feet wide and 151.43 feet deep. Currently both lots are considered interior lots. Both the lots exceed the minimum lot width and depth required, complying with lot dimension requirements. The proposed lot sizes would be greater than the minimum standard of 5,000 square feet (net) fdlogoi sites one acre or less. The net area of Lot 1 would be 7,276 square feet and Lot 2 would be 10,978 square feet. SHPLRPT 05-027.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 5 Building height in the R-8 zone is limited to 2 stories and 30 feet for primary structures and 15 feet Now' for detached accessory structures. Maximum building coverage is limited to 35% of the lot area or 2,500 square feet, whichever is greater, for lots over 5,000 square feet in size, and 50% for lots less than 5,000 square feet in size. The proposal's compliance with each of these building standards will be verified prior to the issuance of building permits for each individual structure. The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage, side yard is 5 feet, side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage and the rear yard is 20 feet.As proposed, the existing residence would comply with the required setbacks; however, the wood deck off the rear of the existing house projects into the required rear yard. If the deck is uncovered and less than 18-inches above grade, it may project into the rear yard setback. Therefore as a condition of short plat approval, staff recommends that the applicant shall provide verification of the height of the existing deck thus complying or that the deck is to be removed prior to the recording of the short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. Lot 2 appear to have more than adequate area to meet the required setbacks however setbacks will be verified at the time of building permit review. The existing detached garage would be located on Lot 2 therefore the structure shall be removed. Staff recommends as a condition of the short plat approval that the applicant shall obtain a demolish permit for the structure. Verification of the removal of the structure shall be required prior to the recording of the short plat. The parking regulations required that detached or semi-attached dwellings provide at minimum of 2 off-street parking spaces. As proposed, each lot would have adequate area to provide two off- street parking spaces. Compliance with the parking requirements will be verified at the time of building permit review. c) Community Assets The City's landscape code (RMC 4-4-070) requires all short plats to provide a 5 foot landscaped strip in the front yard area of lots that abut a public right-of-way. The applicant will be required to provide a 5-foot of landscaped strip along the frontage of Morris Avenue S. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer), within the 15-foot front yard setback area for the proposed lots. A landscape plan was submitted with the land use application showing two Washington Thorn trees per lot. However the 5-foot landscape strip along Morris Avenue S was not shown. Therefore, staff recommends as a condition of short plat approval that the landscape plan be revised to show the required 5-foot landscape strip fronting the site and proposed plantings prior to the recording of the short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. d) Compliance with Subdivision Regulations Streets:No new public streets are proposed as part of the short plat. Morris Avenue S is classified as a Residential Access Street on the City's Arterial Street Map. Residential Access Streets require a right-of-way width of 50 feet and 32 feet of paving (RMC 4-6- 060F). Morris Avenue S is currently substandard therefore;the applicant will be required to dedicate ten (10)feet of right-of-way along the site's Morris Avenue S frontage. The Subdivision Regulations require the installation of half street improvements, including curb, gutter, and sidewalk, along the site's Morris Avenue S frontage(RMC section 4-6-060), unless waived or deferred through the City of Renton Board of Public Works. On April 14, 2005, the Board of Public Works granted a deferral for curb, gutter, sidewalks, street paving and stormwater drainage.A restrictive covenant will be required to be recorded with the short plat if the street improvements are deferred. '°err+' The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. Two new lots (credit given for the existing residence) are expected to generate approximately 9.57 (9.57 trips x 1 lot) new average weekday trips. The fee for the SHPLRPT 05-027.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 6 proposed short plat is estimated at$717.75 ($75.00 x 9.57 trips x 1 lot = $717.75) and is pa ,,,,000 prior to the recording of the short plat. Blocks:No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. Each lot is rectangular in shape, oriented to provide front yards facing Morris Avenue S or the private access easement. The minimum lot size in the R-8 zone for sites one acre or less is 5,000 square feet. The net area of Lot 1 would be 7,276 square feet and Lot 2 would be 10,978 square feet, which meet the minimum lot size requirements. The size, shape, orientation and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the Development Standards of the R-8 zone. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way(Morris Avenue S)via a shared 20-foot wide private access easement along the north property line. In order to minimize the number of curb cuts created by the proposed short plat, staff recommends as a condition of the short plat approval that Lot 1 must gain access via the shared access easement and the applicant shall have this noted on the face of the short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. Topography:The topography of the subject site is generally flat with a gradual slope of less than 5%from southwest to northeast. Relationship to Existing Uses: The properties surrounding the subject site are single-far residences and are designated Residential —8 Dwelling Units Per Acre (R-8) on the City's zones map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code,which encourage residential infill development. t) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees.A Fire Mitigation Fee, based on$488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at$488.00 ($488.00 x 1 new lots =$488.00)and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in no additional students (0.44 X 3 lots = 1.32 rounded down to 1) to the local schools (Talbot Elementary, Nelson Middle School and Renton High School). It is anticipated that the Renton School District can accommodate any additional students generated by this proposal. Storm Water. There are no storm drainage improvements fronting the site in Morris Avenue S. A preliminary drainage report prepared by Cramer Northwest, Inc. dated February 21, 2005 was submitted with the application and complied with the requirements of the 1998 King County Surface Water Design Manual. According to the report, existing runoff flows across the site southwest to the northeast. The flow continues north across adjacent properties to S 15th Street at which point it is conveyed to a stormwater system, eventually draining into the 1-405 drainage system, and eventually flows into Cedar River basin. The applicant is proposing to construct less than 5,000 sq. ft. of new impervious area, therefore no detention or water quality improvements ar required. The System Development Charge is required and will be at the current rate of $715.011.00 per new single-family lot. The fee is payable prior to the issuance of the utility construction permit. Water and Sanitary Sewer Utilities:There is an existing 8"water main in Morris Avenue S. The required fire flow for single-family residences is 1,000 gpm, and a fire hydrant is required to be SHPLRPT 05-027.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 7 located within 300 feet of all single-family residence. The Water System Development Charge is 'sr,r $1,525.00 per single-family lot is required and payable at the time of issuance of a utility construction permit with credit given for the existing residence. There is an existing 8"sewer main in Morris Avenue S along the project frontage. Short plats shall provide separate side sewers stubs to each building lot. No dual side sewers are allowed. Each new lot must be served with an individual side sewer at a minimum slope of 2 percent. Sewer stub- outs must be installed prior to the recording of the short plat. A Sewer System Development Charge of$900.00 per single-family lot is required and payable at the time of issuance of a utility construction permit with credit given for the existing residence connected to sewer. H. Findings: Having reviewed the written record in the matter,the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Finseth Short Plat, File No. LUA-05-027, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF)land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential Single Family-8 (R-8)zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single Family (zoned R-8); East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West: Morris Avenue S and Residential Single Family(zoned R-8). 7. Setbacks: The setbacks for future development on the proposed lots would be evaluated based on the standards applicable to lots along streets existing as of March 1, 1995. The front yard setback of the proposed lots would face to the west onto Morris Avenue S. An existing residence on Lot 1 is proposed to remain and would comply with the setback requirements of the R-8 zone.The setbacks for Lots 2 would be verified at the time of building permit review. 8. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. 9. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lots. In addition, a new fire hydrant must be installed and must be fitted with 5" quick disconnect Storz fittings. Conclusions: 1. The subject site is located in the Residential Single Family(RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions are complied with. 3. The proposed four lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions are complied with. 4. The proposed four lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. SHPLRPT 05-027.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 8 J. DECISION: The Finseth Short Plat, File No. LUA-05-027, SHPL-A, is approved subject to the following conditions: 1. The applicant shall have the short plat revised to provide the required 20-foot wide access easement. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. 2. The applicant shall have the short plat revised providing the adjusted lot area due to the 20-foot wide access easement deduction. The net density shall also be revised and shown on the face of the short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. 3. The applicant shall provide verification that the existing deck on the single-family residence to remain on Lot 1 complies with the required rear yard setback prior to the recording of the short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. 4. The applicant shall obtain a demolition permit for the detached structure to be removed. Verification of the removal of the structure shall be required prior to the recording of the short plat. 5. The applicant shall revise the landscape plan to show the required 5-foot landscape strip along Morris Avenue S and proposed plantings prior to the recording of the short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the short plat. 6. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 7. The applicant shall have a note placed on the face of the short plat requiring Lot 1 and Lot 2 to hav. shared driveway via the 20-foot wide access easement. The satisfaction of this requirement is subject the review and approval of the Development Services Project Manager prior to recording of the short plat. • 8. The applicant shall pay a Fire Mitigation Fee based on a rate of$488.00 per new single-family lot with credit given for the existing residence. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Gregg A.Zim a an /B/PW Administrator decision date SHPLRPT 05-027.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL-A Page 9 Now TRANSMITTED this 1 lth day of July, 2005 to the Owners/Applicants: Russell W. Finseth 1616 Morris Avenue S Renton, WA 98055 TRANSMITTED this 11th day of July, 2005 to the Contact: Cramer NW, Inc. 945 N Central#104 Kent, WA 98032 TRANSMITTED this lith day of July, 2005 to the Parties of Record: Flora M. Katzer 505 S 15th Street Renton,WA 98055 George Sichting 618 S 16th St Renton, WA 98055 TRANSMITTED this 1lth day of July, 2005 to the following: Larry Melding,Building Official Stan Engler,Fire Marshal Neil Watts,Development Services Director Jennifer Henning Jan Conklin Came Olson Lawrence J.Warren,City Attorney South County Journal Nt✓ Land Use Action Appeals&Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on July 25, 2005. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. Appeals must be filed in writing,together with the required$75.00 application fee,to: Hearing Examiner,City of Renton, 1055 South Grady Way,Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. SHPLRPT 05-027.doc } City of Renton P/13/12W Department Administrative Land Use Action REPORT AND DECISION DATED July 11,2005;PROJECT LUA-05-027,SHPL A Page 10 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. Property Services 1. Please see attached comments from Property Services. Fire 1. Fire Department access roads are required to be paved, 20-foot wide not exceeding 150 feet in length without an approved turn around. 2. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq.ft. in area,the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. 3. Street addresses shall be visible from a public street. Plan Review—Water 1. Existing and new fire hydrants shall be required to be retrofitted with Storz"quick disconnect"fittings. 2. For single-family residences that exceed 3,600 square feet(including attached garage)shall require a minimum fire flow of 1,500 gpm. 3. Extension of a 4-inch water main shall be required within the private access easement to serve lot 2. 4. Water System Development Charge (SDC) is $1,525.00 per new single-family lot and is payable at the time the utility construction permit is issued. Credit shall be given for the existing single-family residence. Plan Review—Sewer 1. Short plats shall provide separate side sewer stubs to each new building lot. Side sewers are required be instal prior to the recording of the short plat. No dual side sewers are allowed. Minimum slope shall be 2%. 2. Extension of an 8-inch sewer main shall be required for the project. 3. A Sewer System Development Charge (SDC) of $900.00 per new single-family lot and is payable at the time of issuance of utility construction permit. Credit shall be given for the existing single-family residence connected to sewer. Plan Review—Surface Water 1. A Water System Development Charge (SDC) of$715.00 per each new single-family lot is payable at the time of issuance of a construction permit. Credit shall be given for the existing single-family residence. 2. Applicant shall confirm method of collecting rood runoff from downspout system as part of the construction plan review. 3. A temporary erosion control plan shall be installed and maintained to the satisfaction of the Development Services Division staff for the duration of the project. Applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed prior to clearing and grading of the site. Plan Review—Streets/Transportation 1. Applicant shall comply with the conditions of the off-site deferral granted by the Board of Public Works on April 14, 2005 2. The applicant shall be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. 3. 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T/4, S E. 1/4, SEC. 19, T. 23 NORTH, R. 3 EAST, W.M r tea» - f LANDi USE ACTION NUMBER: LAND RECORD NUMB.ER: „ 0•5111.47-03 c N N Ai.rrn LUA—XX—XXX—SHPL LND—XX—XXXX • WINED al 5-27-0.5 a+.97s OF BEARINGS: TIC WANGS 31401111 ISTICCII ARS MCI ON SCARtle w COMMOM RENTON COwillow*4OMMIXR 475 I 1d ,,, s4i Hosts.r4roP wrsr RECORDS tx O OTT I� VERTICAL DATUM: L /11/10310T WOAD' Tuve I0• N.WC NWT 0• BENCHMARK: 504105 00575 .M!1wo55 HoM.504T NO,475 titMRloN-Base U.S.rEFr, SEE BENCHMARK: Ma OF SWIM SEM WA5UZ IY k n.•d�7N tltMlaM-1040 u0•FM '• 0 A CONTOUR INTERVAL: MR Its.".--'4.------- /q / / LOS u.0•1847. ,0 LEGEND: RN t0•-r¢0• n r•oste a-r4tA • L r - `+/ �_ n 5011411 ® rd tO*Kum At aESa4lBEO OA { W •• /NWT ale- 1 f 141411!urr ., su.n' ® SvarAirc sass nrA/uVr C Cr1 {b'1'•' _----WIDOW `` 0C Ursny POLE EL-1.Adr Oa PUT d• Ea r w/ \ _�"r q \ 5. FM NrDAtMr 41+tARIy Oa CK R R ,� +x • 5001 NY.K N I k MUM -- :l 1 -1_.. '6 tat / 0 a wNror KM II riiron'r■E aeaa0a0er Mak w R � 1 \v 17IAT01 R. x7befarc �a / O1 wNme FAUCET �',0 �.. teem• I ll mM' iA ® DOW POEE ..' y I_ Mk a tAK.MCI w im+amy*WV S. fern'ST. cm.pommy 1 ' 'Z '44-7 OWH JNIC 1010E • ..................• 1 . r \ -43-4•woos f@Ml All .-.-,-..—..154 N n.fasa f1 8 r_ int S. { � ? $BURIED 7[11!14 LME PNM ids $WINED 0{t MT PON 1 LOT AREAS: -N-suwm wlat5 444E AWr 1 0.A.w LoruaeeeEearT.TOOM. TE'( r1 faOA 1 LOT 11 ISOM 1141AOUr ri1MIN/ 170-5.1.. LOT N 4430 s0.R.TOTAL ,i,6'11 VW-,.LOT N 4,.e01*f0.R.1001041/mom _4 ' flo 3tW I LOT A 5.735 so.sr. rer-MX ` 1*LOT a 4.7770.FT.wI70rl our nMIMI = {,p• V 01 It-S. y M CMarwft-1574 T a•.. '-';i.....rr' AT a 17114 sr WSW ON 4-24-04 I 114 0 t I e N Cramer Northwest Inc. �, . %4 , IMITIUMOIr"'AeC001iT°t 000 AMO/OR NINON°A'-A10L0 1 QNSfRUJENFAVON � "'. METHOC1TMwtar cICEEDNa 5rouwnom Cr WAC.30•-130-0•0. > Surveyors Planners & Engineer.OCOORICIER 00o + novo DATA:KK f/. LE 1/4xc tw t n 5ow1N R a ver vex FIELD MC7504 945 N. CENTRAL, STC. X104, KENT, WA 9!032 a•.,.a ••..,,a� ;•..,,..,�.1 CLOSED LOM moose (1:13)853-4880 Omni) DRAWN BY: DATE: JOB NO.: w ++'• �' MINNOW CLOSURC/t12.000 1-(500)251-015e (tell free) ‘, ,." . EtC. Wed.,Jun. 2004-108 Ara MYR 7T. CONPLIVICC ' NS41ED ON a-14,-04 Of (253)852-4955(fax) CHECKED BY: SCALE: SHEET: WA!331`136-000 C e* a O.B.N. 1 Inch 30 FT. 2 OP 2 ' E-MAJIt anl0erelnemrwem L Aa,E0T,ss /M velli MAnnr a-.Lw a MINS a005//*55:no iTig+at.1111 1013.5 fap►ltomr.lot,.5..et,3000 lariat a{ 410 n -700.5. F3 - 18 T23N R5E 1/2 : -— . . 1 , 1 C,LI 4-- l / \\ V j CA / _ . D.)ta figueri LI a fr-sy ic .\ !Li cr, , : .. , , .• ,...? ........, ....__.• _. _ __ • • I CA .. . < i • 1 _--------,,; r-- ------ - CD / /6 , • ..--------- . . , --- . . .1 ,•• - _ CA • • ri ! S Rento Village P1. CA --4 i"''''''.111111 • i 1 1 C 0 • ,.._-- i . , ; •_, --, ! - , , I 1-----1 . : \ -I N 0 .., 1-4 • • • t4 --------N i 0 ON_ w . • .. • . . 'CN to' z , - _ __, , \i- :\t.:1-L8:1---s.' mil ---'':1:r;:-..-'' sgt ‘...121E4-1 . - Z cn.t, • N • • i i i 1 H i , ii • ' ! i ..•' ,.0 Nei ch ,... A 1 , IR 4-)1_ . ,• cf.) -- ce_ 1 . kArAwd i I i 1 Ajw i ev 'Ci .. 1 1 (24 ,..-4 -T- 1111 i _ - litlilStt- f 1- i . ! , - ,1?-i0 ? F--- e• i t --IS 118th--- --I, - -rtis ----c.. i \, , S 19thk —.„8‘.. : -i-i—j ii• „.._,I -:_8__ ,, 0 ._ so R-1. - i I ,-i-Ti _ -,_.1 , -67- ---- ---, R-8 i f ' _ •-,,,,..1.,. os 21st St ..,_; --1-.-- ------, ____ Q) i — -- • ' • = / ,.... \\ M. • iii ; ..._, „____ --R---- a- - - - , , , ! _ vs K-ib------ ----t ar.2$-_4: st. \ 1 ---- --- -- ---- R- 4 12.;-8 -..T ! 113 - 30 T23N R5E E 1/2 " Y • ? Ispo Alo G3 . ZONING ————Rent.. dit,Multi 1.4800 +0+ P/B/PW TECHNICAL SERVICES 19 T23N R5E E 1/2 4.4, 00' 12/04/03 5319 CITY OF RENTON COUNCIL AGENDA BILL AI#: 8 Submitting Data: Planning/Building/Public Works For Agenda of: July 10, 2006 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Pelton NE 20th St Short Plat (LUA05-119). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is a 15-foot radius for additional right-of-way at the corner of Edmonds Ave NE and NE 20t Street to insure proper turning radius at street corners for emergency vehicles. This dedication is to comply with City of Renton code for new short plats and the Pelton NE 20th St Short Plat(LUA05-119). Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2006\PELTON NE 20TH ST SHPL 05m AGNBILL.doc Return Address: City Clerk's Office AmorCity of Renton 1055 South Grady Way • Renton, WA 98055-3232 • DEED OF DEDICATION Property Tax Parcel Number: 334/390 02o1 •o8 Project File#: Street Intersection: M E`�nawDs rove NE�ecrE Zd' ST, Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): - Grantee(s): I' 5 7:E c' PELTc,.J I. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated orfu11legal must go here: Additional legal On page ) 120f rtoaJ pF TifE ME /4 dF rife' 5E' 4, 5E'GT/oxi c Towashiif' Z 3 Al. A.A.)dies• 5 E, (,) L r-ry (DP REAflO JJ, /MG Ci av . WASff/N 157-0.41 _ The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. This dedication is 'rrr+° required as a condition for development of property. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s):- Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLE1 Mcc 1 j 11 COUNTY OF KING No t.ES F 1, I that I know or have satisfactory evidence that �bq �ox G; ,„Sg ON44, ,�j✓ signed this instrument and S p TA "�•o°�i,G acknowledged it to be his/her/their free and voluntary act for the uses and purposes � i mentioned in the” strvment S _% m. ' v A 1G •"" ja):-.4-‘)15,der i9.1 ��,4k0. Notary Public in and e,,Sta of W 11 WAS44;4° Notary(Print) VQ,,1 111111m%m •‘ My appoin ent exp' : ! c� / (O Dated: ��i�?� p DEED.DOC Page 1 • Project Exhibit A - W°6 Legal Description PID GRANTOR . Street: That portion ofthe following did property; TheEast I32.58 feet ofthe North 115 feet of Tract 208,CD.Hillman's Labe Washington Garden ofEdeaDivision No.4,=coning to the Plat thereof recorded in Vohnne II of Plats,Page 82,in 1Cmg CotmtY,Warhnogton,described as follow=s: Beginningat the Northeast corner of said Trac*thence S89"20 07"w along the South margin of NE2Oth Street 15.32Ib t to the beginning ofa can-ve; Tex along said curve,concave to the Southwest 23. feet through a central angle of 91412'05"and a ruins of 15.00 feet to the East line ofsaid trach Thence NO"321rE along said East fine 1532 feet,more or less to the point of bn Prepared by:Mower Surveyors ;`, .„ T. 17424 Mallard Cave Lane Mount Vernon,WA_ 360-424-6097 98274 • 1. • DBSD.DOC • Page 2 ( . $ 00°32'17"W 711.07' V • . 14 \ .z; i 1 lic to 4 s V1. g 63 0 —44 , 4 A?4%. . #, 91 •,.. ,; .' 4;94 • i•, ; I 7 v. 'Iko...._, 5.4P „ ,- ! .0 ..... ...4y N 00°32'12"E 98.71' EDMONDS AYE. 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Ai ..., y .r.yc, �t �,fr. r 4. g J 1' V. , r I V. 1 l�?!t•�il '1r7�r,_ � 9 ' L ' ' rift) `l Hi +� ` -fittt7e ` % a 1:..1 •••le • ea �°.• .., r r,,, i'lr‘ 1. .. ..‘,,^-0.44.,..çiw im i. ea r. : 7s x97 7L16lim i ' / '6 `' ate' \'� — .::.03 01 t'i .,111:-:1 �g •�. [PV '' l. •-.L.1011-'SL. '7x`; .•�G' N•E�Ya( V 1.Sits aM"''t� ," 4./ 11 t0! ns.1 d Itlia . '"la t ;i — i` e1 (` � N10 ._ � ro otAiLi_t NIill"' REPORT City of Renton Department of Planning/Building/Public Works DECISION ADMINISTRATIVE SHORT PLAT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: November 1, 2005 Project Name Pelton Short Plat �� fik ' Owner/Applicant: Steve Pelton 3020 Issaquah Pine Lake Rd. SE #266 Sammamish, WA 98075 Contact: Jim Hanson Hanson Consulting 17446 Mallard Cove Lane Mt.Vernon,WA 98274 File Number LUA-05-0119, SHPL-A Project Manager Keri Weaver, Senior Planner Project Description The applicant is requesting an Administrative Short Plat Review for the subdivision of an existing 15,247 square foot (0.35 acre) lot into 2 lots that will be 9,497 sq. ft. (0.22 acre) and 5,750 sq. ft. (0.13 acre) in size. The zoning designation is Residential — 8 (R-8) dwelling units per acre. The existing garage will be removed as part of the short plat. Both proposed lots will have access from NE 20th Street. The site does not contain any critical areas according to the City's Critical Areas map. Project Location 2435 NE 20th Street f " dill ,,, � �'G E�.._ T. ^•-,e. Itz tf•y. /_�",. -t - . R_ �-- :_ 1z K=�� E KE . • � �0' . . _,4_ ,-� • � ; - �{iit.=';:-.:i4 Ivy:,tliti� c: aim;._::-.4;;;`: :.-1';:.,-----'-' .�„` :r-;;. •• �;�; �� 2. - •� .� G:4E�__.-;.:,fit.: f,. - - ' _ R• lit+2:' -. '''''- }4.s-- V v.s ITE _ -im- - .- -. -- -_,-- --\.-• t .,-T i- 1$25: - :EN" .., _ ct� -'. ''.'cl-.. a.74 - •--_ .-.-} ---'...'..- - _ -_ "1 //!� late $ _ A 7.'. r •r ST. Pelton s 20th � : • f 1=; _ l'• . 1 -- �� :.-1 r ti! - ,,, may �w . , rr- �- i+i L (t• Clic .any - .� 1 - II ,.?z Short_Plat ; -el , .g ` : 1/4 , �; .. r -7¢ 1rY�� yi::;ii.: ^� _ .h�+t+I-N^ zVi_ .I-�., t 1' �.�i��' �• Y' •r...- t ` e: a�-- I-`- =•1:..- i'>-i"-t-s_ 0:sr , ::y i o ILE 113171 etk --lilts' 7 M ;Er • .!":::4_:: �• u y-_: -` .,i--;--:-,:::--. 5 •. -.[".i:::.'r'•�__ i' % ` ti BILI• r,,.,. t ..... .::t. _- Vib t'&,.,,,f1f... igis: 10 jr4w-,-,;. - , 1; iViifi -rk Nil 111:3 ' , 44FA, .11' _JP! II''rk Project Location Map SHPLADM RPT 05-119.doc9 City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Steve Pelton 3020 Issaquah Pine Lake Rd. SE #266 Sammamish, WA 98075 2. Zoning Designation: Residential—8 du/ac(R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family(RSF) 4. Existing Site Use: The site has a single-family residence and detached garage. The garage is proposed to be removed. 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zoning) East: Single Family Residential (R-8 zoning) South: Single Family Residential(R-8 zoning) West: Single Family Residential (R-8 zoning) 6. Access: NE 20th Street 7. Site Area: 15,247 square feet/0.35 acres C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 4924 12/05/2001 D. PUBLIC SERVICES: 1. Utilities Water: A 12-inch ductile iron water main is located along Edmonds Ave. NE. A 6-inch steel pipe water main is located along NE 20th Street. Sewer: 8-inch sewer mains are located NE 20th Street and Edmonds Ave. NE. Surface Water/Storm Water: The applicant will be required to meet 1990 King County Surface Water Design Manual standards. The site is located within Aquifer Protection Zone 2. Streets: Both lots will have access from NE 20th Street. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards SHPL ADM RPT 05-119.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 3 Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Single Family 2. Community Design Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant is proposing to subdivide an existing lot into two lots for single-family residential development. The existing lot is 0.35 acre (15,247 square feet) and zoned Residential—8 dwelling units per acre(R-8). The new lots will be 9,497 sq. ft. (0.22 acres) and 5,750 sq. ft. (0.13 acres), with the existing house remaining on Lot 1. The existing detached garage will be removed. Both proposed lots will have access from NE 20th Street via single-family residential driveways. The proposal for the eventual development of a two-lot subdivision, will be at a net density of 5.7 dwelling units/acre. The topography of the subject site is generally flat, and no critical areas are indicated on the site. A conceptual landscape plan was submitted with the short plat application, which shows that 2 flowering dogwood trees and new lawn will be planted on the frontage of the new lot. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions Now N/A 4. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the short plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. Lands in the RSF designation are intended to be used for quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single-family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family neighborhoods. The proposed project for three lots would arrive at a net density of 5.7 dwelling units per net acre, which is within the allowable density range for the R-8 zone. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. SHPL ADM RPT 05-119.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 4 The project site is less than an acre (15,247 sq. ft. or 0.35 acre). Both of the proposec' exceed the minimum lot size of 5,000 square feet(5,750 sq. ft. and 9,947 sq.ft.) Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space,landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. The proposed new lots would meet the required lot size,width, and setbacks to create sufficient front, rear, and side yard areas. Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. The site would be divided into two rectangular lots that are similar in size, orientation and building envelopes to other development in the neighboring area. Approval of this application would not decrease the quality of life for residents in the immediate vicinity. Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. The proposed short plat would subdivide an existing lot into two lots. One new single-family dwelling will be constructed,which will update the housing stock in the existing neighborhood. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential—8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single- family dwelling unit with the removal of the existing single-family structure and garage. The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling ur:' per acre. Net density is calculated after the deduction of sensitive areas intended for public ric, j of-way. Based on two lots, net density would be 5.7 (2 units/0.35 acres = 5.7) dwelling units per acre,which is within the allowable density range for the R-8 zone. The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage, side yard is 5 feet, side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage, and the rear yard is 20 feet. The existing garage and other accessory structures attached to the existing house will be removed to meet the side yard setback requirement The allowed lot dimensions for the R-8 zone are minimum lot width of 50 feet for interior lot, 60 feet for corner lot and minimum lot depth of 65 feet. As proposed, one lot is a corner lot and one is an interior lot. The corner lot (Lot 1)will have a lot width of 83' and lot depth of 115'. The interior lot (Lot 2) will have a lot width of 50' and lot depth of 115'. Both comply with lot dimension requirements. The allowed building lot coverage for lots over 5,000 sq. ft. in the R-8 zone is 35 percent or 2,500 sq.ft., whichever is greater. The existing garage would be removed as a condition of the short plat approval. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The lot coverage for the new lots will be verified at the time of building permit review. The parking regulations require that detached dwellings provide a minimum of two off-street parking spaces. As proposed, each lot would have adequate area to provide two off-street parking spaces. Compliance with the parking requirements will be verified at the time of building permit review. c) Community Assets The City's landscape code (RMC 4-4-070) requires all short plats to provide a 5-foot landscaped strip in the front yard area of lots that abut a public right-of-way. The applicant will be required to install a 5-foot landscaped strip along the frontage of NE 20th Street within the proposed two lots. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 SHPL ADM RPT 05-119.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 5 inches (deciduous) or 6 — 8 feet in height (conifer), within the 15-foot front yard setback area for "'os'"'' the proposed lots. A conceptual landscape plan was submitted as part of the proposed land use application, which shows that 2 flowering dogwood trees and new lawn will be planted on the frontage of the new lot. The required landscape areas must be irrigated or use drought-resistant plants. A final landscape plan must be submitted for approval with the building permit application. d) Compliance with Subdivision Regulations Streets: The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trips attributed to the project. One new lot (credit given for the existing residence) is expected to generate approximately 9.57 (9.57 trips x 1 lot) new average weekday trips. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips = $717.75) and is payable prior to the recording of the short plat. The applicant will be required to install paving, sidewalk, curb and gutter, and storm drains along the frontage of the lots on NE 20th Street. On October 26, 2005, the Board of Public Works denied the applicant's request for a deferral of street improvements. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. Each lot is rectangular in shape and both lots are oriented to and will have access from NE 20th Street. The minimum lot size for parcels less than one acre in the R-8 zone is 5,000 square feet. With lot sizes of 5,750 sq. ft. and 9,497 sq. ft., the proposed short plat meets the minimum lot size requirements. The dimensions of the proposed lots meet the minimum width and depth requirements (see discussion under Compliance with the Underlying Zoning Designation) and are compatible with other existing lots in this area under the same R-8 zoning classification. In addition, the lots appear to contain adequate building areas for the construction of suitable single-family residences when taking setbacks and lot coverage requirements into consideration. These requirements will be verified at the time of building permit application. The size, shape, orientation and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the Development Standards of the R-8 zone. e) Reasonableness of Proposed Boundaries Access: Both lots are proposed to have access from NE 20th Street via single-family residential driveways. Topography:The topography of the subject site is generally flat. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated Residential —8 Dwelling Units Per Acre (R-8) on the City's zoning map. The proposal is for one additional lot, which complies with the density allowed in the R-8 zone. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourages residential infill development. I) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees.A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the *woe proposal's potential impacts to City emergency services. The fee is estimated at$488.00 ($488.00 x 1 new lot=$488.00)and is payable prior to the recording of the short plat. If the total square footage of new building area is less than 3,600 sq. ft., the fire hydrant in the vicinity may be counted toward the fire protection of the proposed short plat, but is subject to verification for being within 300 ft. of the nearest corner of the buildings. If the new building square SHPL ADM RPT 05-119.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 6 footage exceeds 3,600 feet in area, two fire hydrants must be located within 300 feet of structure. The existing hydrant must be retrofitted with a quick disconnect Storz fitting. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in a maximum of one additional student (1 new lot x 0.44 = .044 rounded to 1.0). The short plat would be served by Kennydale Elementary School, McKnight Middle School and Hazen High School. The Renton School District has indicated that capacity is available to accommodate any additional students generated by this proposal. Storm Water. The proposal for 1 new single-family residential lot will create less than 5,000 sq.ft. of new impervious surface, and is below the threshold for a drainage report and water quality or detention facilities that would be required by the 1990 King County Surface Water Design Manual. The applicant has indicated that storm water runoff from the new lot will be infiltrated onsite. The Surface Water System Development Charge is required and will be at the current rate of$715.00 per new single-family lot. The fee is payable prior to the issuance of the utility construction permit. To control the runoff impact during site preparation and grading, the applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction permits. This condition shall be subject to the review and approval of the Development Services Division. Water and Sanitary Sewer Utilities:The site is within the City of Renton water service area.A 12- inch ductile iron water is located along Edmonds Ave. NE, and a 6-inch steel pipe water main is located along NE 20th Street. The required fire flow for single-family residences is 1,000 gpm, ar a fire hydrant is required to be located within 300 feet of all single-family residence.A water ser line to the two new lots shall be provided. New water service stubs to each lot must be install prior to recording of the short plat. The Water System Development Charge (SDC) of $1,525.00 per new single-family lot applies to this short plat. The fee is payable prior to the issuance of utility construction permits. An 8-inch sewer main is located in Edmonds Ave. NE, and in NE 20th Street. The proposed short plat shall provide separate side sewers stubs to each building lot. No dual side sewers are allowed. Each new lot must be served with an individual side sewer at a minimum slope of 2 percent. Sewer stub-outs must be installed prior to the recording of the short plat. A System Development Charge of $900.00 per each new lot is required. This fee is payable at the time of issuance of a utility construction permit with credit given for the existing residence. The site is subject to the West Kennydale Interceptor Special Assessment District Fee. This fee is $1,050.00. The applicant shall pay the required fee prior to issuance of utility construction permits. The site is subject to the East Kennydale Sewer Infill Phase II Special Assessment District Fee. This fee accrues interest daily. As of October 26, 2005, the total fee was $5,602.38. The applicant shall pay the required fee (with additional accrued interest) prior to issuance of utility construction permits. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Pelton Short Plat, File No. LUA-05-119, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information fo)S short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF)land use designation. SHPL ADM RPT 05-119.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 7 4. Zoning: The proposal as presented complies with the zoning requirements and development Noose standards of the Residential Single Family-8 (R-8)zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single 'Family (zoned R-8), East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West: Residential Single Family(zoned R-8). 7. Setbacks: The setbacks for future development on the proposed lots will be evaluated based on the standards applicable to lots along streets existing as of March 1, 1995. Both lots will be oriented to and front on NE 20"'Street. 8. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for each new single-family residence as part of the construction permit. The site is also subject to fees and assessments for the West Kennydale Interceptor Special Assessment District, and the East Kennydale Sewer Infill Phase II Special Assessment District, both of which must be paid prior to issuance of utility construction permits. 9. Public Utilities:The applicant will be required to install individual sewer and water stubs to serve the new lots. 1. Conclusions: 1. The subject site is located in the Residential Single Family(RSF)comprehensive plan designation and complies with the goals and policies established with this designation. *Noe' 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions are complied with. 3. The proposed two-lot short plat complies with the subdivision regulations as established by City code and state law provided all advisory notes and conditions are complied with. 4. The proposed two-lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Pelton Short Plat, File No. LUA-05-119, SHPL-A, is approved subject to the following conditions: 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. The applicant shall pay the required Fire Mitigation Fee based at the rate of $488.00 per new single- family lot with credit given for the existing residence. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 3. For Lot 2, all storm water runoff shall be infiltrated onsite. Roof downspouts shall be tightlined to an infiltration dispersal trench. A final design for the downspout infiltration must be submitted for review and approval at the time of building permit application. SHPL ADM RPT 05-119.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 8 DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Neisi ///,,f, �%r'�/ J/ //OS Gregg A. m erman, P/B/PW Administrator de ision date TRANSMITTED this 1st day of November,2005 to the Owners/Applicants: Steve Pelton 3020 Issaquah Pine Lake Rd.SE #266 Sammamish,WA 98075 TRANSMITTED this 1st day of November, 2005 to the Contact: Jim Hanson Hanson Consulting 17446 Mallard Cove Lane Mt.Vernon,WA 98274 TRANSMITTED this 1st day of November, 2005 to the Parties of Record: Gary 1p, 1818 Dayton Ave.NE, Renton,WA 98056 Bud Reynolds, 1801 Dayton Ave.NE, Renton,WA 98056 Trisha and Jose Ignacio, 1825 Dayton Ave.NE,Renton,WA 98056 Matt Van Bogart, 1824 Dayton Ave.NE, Renton,WA 98056 Robert and Lisa Miller, 1920 Dayton Ave.NE,Renton,WA 98056 TRANSMITTED this 1st day of November, 2005 to the following: Larry Meckling,Building Official Stan Engler,Fire Marshal Neil Watts,Development Services Director Jennifer Henning,Principal Planner Jan Conklin,Development Services Came Olson,Development Services Lawrence J.Warren,City Attorney South County Journal Land Use Action Appeals& Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on November 15, 2005. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. Appeals must be filed in writing,together with the required$75.00 application fee,to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. swami SHPL ADM RPT 05-119.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED NOVEMBER 1,2005;PROJECT LUA-05-119 SHPL-A Page 9 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday.Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. 3. A final landscape plan shall be submitted for review and approval with the building permit application. Property Services 1. Please see attached comments from Property Services. Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq.ft. in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. Plan Review—Water 1. A Water System Development Charge of $1,525.00 per new building lot is payable at the time of issuance of the utility construction permit. 2. A new water service stub to the new lot must be installed prior to recording of the short plat. 3. Existing and new fire hydrants will be required to be retrofitted with Storz quick-disconnect fittings if not existing. Plan Review—Sewer 1. A Sewer System Development Charge of$900.00 per new lot to be connected to sewer is payable at the time of issuance of a utility construction permit. 2. The site is subject to the West Kennydale Interceptor Special Assessment District Fee of$1,050.00, and is payable at the time of issuance of a utility construction permit. Now, 3. The site is subject to the East Kennydale Sewer Infill Phase II Special Assessment District Fee, payable at the time of issuance of a utility construction permit. As of October 26, 2005, the fee including interest was $5,602.38. This fee accrues interest daily. Plan Review—Surface Water 1. A Surface Water System Development Charge of$715.00 per each new single-family lot is payable at the time of issuance of a construction permit. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP)designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This condition shall be subject to the review and approval of the Development Services Division. Plan Review—Transportation 1. Street improvements, including but not limited to paving, sidewalks,curb and gutter, and storm drains,will be required along the frontage of NE 20"'Street. Plan Review—General 1. All plans shall conform to the Renton Drafting Standards. 2. A construction permit is required. When plans are complete, three copies of the drawings, two copies of the drainage report, a construction estimate, application and appropriate fees shall be submitted to the 6th floor counter. 3. A demolition permit is required for removal of any building structures. SHPL ADM RPT 05-119.doc D4 • 5 T23N R5E W 1/2 4, IL . A I ‘-'111111p11111111 ----- I 1 1 i _ ---------sim..........„.................. .--____ % • + ,- ' .4.--771 g g 83 • I i i . 11 1 i 1 i 1 1 / ./ !I )......i..........j ' i K..„....8i\ . „ I co'. 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I LEGEND: 4 ..d f'"" 83.55' d Found burr a Dona �. . cap/eons.mon/cased N ON20'ar'E 155.39' .4' I..Ar mWr 4104 g5 I • se 16 rrbor/eop--"Nownr,21,5220" P g5 .3d I Portion of Trod 1208 I <21.5'> 0ffnt to orlptnal lot fines C.D.Hillman•Cordon of Eden 14 1 "1A3" Of1nt fo new lot tine S NE NTH STREET RECORDING CERTIFICATE FILED FOR RECORD THIS DAY OF 2005,AT M.IN BOOK OF SURVEYS AT PAGE. AT THE REQUEST OF MOWRER k ASSOCIATES. This map oamrafPELTON'S 20 TH STREET b npnsrnle a survey made by ma or uMe►my MICHAEL MOWRER&ASSOCIATES dlfaoNon in conformance with The requirements of the Survey Rewording PROFESSIONAL SURVEYlNO SERVICES SHORT PLAT KING COUNTY MANAGER OF RECORDS AND ELECTIONS Ace of the mount of. m.o..Pollan in Alun 2005 BY SURVEYOR'S CERTIFICATE !7424 Mallard Cow Lane,Mount Vernon. Wa. 98274 Scala:1".20' Data:Sep.2006 Job Na 05-14 Michael T.Mowrer PLS No.24520 (360)422-6097 Drawn byr4/k. Cbk'd by: NMI Sham'2 of 2 ..t CITY OF RENTON COUNCIL AGENDA BILL AI#: • Submitting Data: Planning/Building/Public Works For Agenda of: July 10, 2006 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Annie's Place II Short Plat(LUA05-167). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X _ Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is a 25-foot corner radius (approx. 142.0 sq.ft.) for additional right-of- way at the corner of Lyons Ave NE and NE 2' Street to insure proper turning radius at street corners for emergency vehicles. This dedication is to comply with City of Renton code for new short plats and the Annie's Place II Short Plat(LUA05-167). Council acceptance of said right-of- way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2006\Annie's Place II SHPL 03m AGNBILL.doc Return Address: . City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 084710-0061 Project File#: L_UA-05-167-SHPL Street Intersection: LYONS AVE NE/NE 2ND ST Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. William H. Hughes 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A TURNING RADIUS DEDICATION FOR THE SOUTHEAST CORNER OF THE INTERSECTION OF LYONS AVE NE AND NE 2ND ST. ALL BEING LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST CORNER OF SECTION 15,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M., CITY OF RENTON,KING COUNTY,WASHINGTON Ott,,,: The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: 'yourDated: deed Page 1 �rrr. • • INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Nord Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 440100 deed Page 2 N Project: Exhibit A w0# Legal Description GID GRANTOR: Street: GRANTORS PARCEL-TAX LOT 084710-0061 THE NORTH HALF OF THE WEST HALF OF TRACT 9, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • • • 1.1ZJPE 5 64 i 0 OVAL LAo EXPIRES it/30/06 , 14111.9 deed Page 3 ROAD DEDICATION TO CITY OF RENTON FOR ANNIE'S PLACE II SHORT PLAT LEGAL DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE WEST HALF OF 1RACT 9, BLACK LOAM FIVE ACRE TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS,PAGE(S) 101, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 9 OF SAID BLACK LOAM FIVE ACRE TRACTS,ACCORDING TO THE PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 101, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 88°20' 35"EAST ALONG THE NORTH LINE OF TRACT 9 A DISTANCE OF 25.59 FEET AND THE BEGINNING OF A CURVE TO THE LEFT, CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 25.00 FEET,THE CENTER OF WHICH BEARS SOUTH 01°39' 25"WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.86 FEET THROUGH A CENTRAL ANGLE OF 91°20' 41"TO THE WEST LINE OF SAID TRACT 9; THENCE NORTH 00° 18' 44"EAST ALONG SAID WEST LINE 25.59 FEET TO THE POINT OF BEGINNING. ALL BEING SITUATED IN THE SE 1/4 OF THE NE %4 OF SECTION 15, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON OWE . F WA-, O 11e1 -4 w i 11332 j°A'AL LAS EXPIRES 11/30/06 . 1 ( . r--1—'1: s i \ s s POINT OF BEGINNING NE 2nd STREET ssEX. CULVERT _ IE-417. 0 (12"GONG) (NW CORNER OF TRACT 9) ^ ., s `/ ',�• • • ° ° ww8820'33"W `. . ,r' . � / 25.59'- CULVERT l Q -,- .....•,. '. . ��p IE=417.76 86.22' :: ::.:•''.164=L4V6.:R171:..::.:': (12 DQ 4' CYCLONE�ohp���" FENCEo .'(1 �'CONc).' to q� DEEDED TO THE CITY OF RENTON �,/ REG. N0. ---- a ANNIE S PLACE II SHORT0 5 10 20 1 3 • PLAT Z252 ( I •tel /1 •:...,y' 8 SCALE 1" = 20' 0k---•,....77.,....,-..,:•,,,..1,.:•,•;„_, 1:.. UP �, of W, {' •4 �, - : Baima & Holmberg Inc. 1 `^ 0,0 o . ENGINEERS & SURVEYORS •• i \ 11336 �� 100 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 (425) 392 - 0250 1��,, • ` OVAL LAS . - EXPIRES 1 /30/06 I ;E5E W.M. 1 NE CORNER •f — _ N.E.2ND ST.(S.E 132ND ST.) FOUND SURFACE BRASS CAP __ :ITY OF RENTON CONTROL NO. 1852 h +— La , •, VISITED SEPT. 2004 _i ii -I STREET ,_ji IIMEM o t'H STREET w 2623.96' l0 11 I 15 V4 o 1 i ....- ir i 111111111 J M N NORTH �� 1 M _ iiiiiiiiil S.E.136TH ST.(S.E.2ND PLACE) Z 1 ri VICINITY MAP if, m SURVEY NOTES SCALE i~ = 500' NE 2ND ST o DATUM NAVD 88 - ---"-----"'-9V) BENCH MARK ._______ -j 1313.Ofi' i-n SITE m CITY OF RENTON CONTROL NO. 2104 I o" 00 FOUND 1" STEEL PIPE W/PLUG AND TACK, DOWN 0.9' IN PROPOSED SQUARE FOOTAGE N W MON. IN CASE AT THE CONSTRUCTED Iii Kj 2IINTERSECTION OF SE 136Th ST & 144TH AVE Z M ix) INTERSECTION ' O ELEV=399.339 QW N8818'49"W z INSTRUMENTATION N �d In 00 INSTRUMENT USED: 5 SECOND ELECTRONIC ! DISTANCE MEASURING UNIT. FIELD SURVEY 0 r M I CONTROL WAS BY CLOSED TRAVERSE LOOPS. )- g MINIMUM CLOSURE OF LOOPS WAS 1:22,000. IN -I z N88'17'56"W ACCORDANCE WITH WAC 332-130-090. IPROPOSED -:345.04SQUARE FOOTAGES yi ‘ 342.91'(P LOT 1 AREA = 17,338 SQ. FT. / / 1326.40' (P) 15 14 LOT 2 AREA = 9,850 SQ. FT. LOT 3 AREA = 9,850 SQ. FT. S.E. 2ND STREET LOT 4 AREA = 9,850 SQ. FT. R.O.W. AREA = 142 SQ. FT. E. 1/4 CORNER PERCENTAGE OF LAND IN STREETS = 0.3% VISITED SEPT. 2004 . OWNER/DEVELOPER W.H. HUGHES JR. CO., INC. 15220 CEDAR GROVE ROAD ISSAQUAH. WA. 98027 ENGINEER/SURVEYOR ,1400/ WORK BAIMA & HOLMBERG, INC. 100 FRONT STREET ISSAQUAH, WA. 98027 DISC WITH A PUNCH MARK ON BASIS OF BEARING THE CONSTRUCTED INTERSECTION REPORT City of Renton & Department of Planning/Building/Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT& DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE:: March 20, 2006 Project Name Annie's Place II Short Plat Applicant/Contact Tom Redding, Baima& Holmberg, Inc., 100 Front St S, Issaquah, WA 98027 Owner: Om Parkash& Raby Baljinder, NE 2nd Street, Renton, WA 98059 File Number LUA-05-167, SHPL-A, V-A Project Manager Keri Weaver, Senior Planner Project Description Administrative Land Use Action (Short Plat Review) for the subdivision of an existing 47,030 sq ft (1.08 acre) parcel zoned Residential — 4 dwelling units per acre (R-8) into 4 lots for single-family residences.An existing residence will remain. Access to the proposed lots would be from NE 2nd Street. A variance was issued for reduction of lot width for Lot 2 from 70 ft to 61 ft. Project Location 5511 NE 2`d Street, Renton, WA 98059 Ntreo Mai !I Mr � K C` SITE 111.11111, za 111.1 , 4 ka .. 11111111®Ill11 Project Location Map SHPL admin st rpt Annie/I City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006;PROJECT LUA-05-167,SHPL-A Page 2 B. GENERAL INFORMATION: *00 1. Owners of Record: Om Parkash & Raby Baljinder, 5511 NE 2nd Street, Renton, WA 98059 2. Zoning Designation: Residential—4 du/ac(R-4) 3. Comprehensive Plan Land Use Designation: Residential Low Density(RLD) 4. Existing Site Use: The site has a single-family residence which will remain. 5. Neighborhood Characteristics: North: Single Family Residential (R-4 zone) East: Single Family Residential (R-4 zone) South: Single Family Residential (R-4 zone) West: Single Family Residential (R-4 zone) 6. Access: Via individual driveways off NE 2nd Street 7. Site Area: 47,030 sq ft/1.08 acre C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 4876 12/04/2000 D. PUBLIC SERVICES: 1. Utilities Water: The site is served by King County Water District#90. The applicant has provided a Certificate of Water Availability to serve the proposed development. The site is outside the Aquifer Protection Area. Sewer: There is an existing 8"sanitary sewer main in Lyons Ave NE, and a main of undetermined size along NE 2"d St on the westerly frontage of the site. Surface Water/Storm Water: The project site lies in the Orting Hill sub-basin of the Cedar River drainage basin. Detention and water quality improvements are not required for this short plat. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria SHPL admin stfrpt Annie Il.doc ti City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006;PROJECT LUA-05-167,SHPL-A Page 3 F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Low Density 2. Community Design Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant proposes to subdivide a 1.08-acre (47,030 sq ft) parcel zoned Residential —8 dwelling units per acre (R-8) into four lots for the construction of four new single-family residences. The property currently contains a single-family residence, which will be retained. An existing detached garage and shop will be removed. Part of an existing attached garage will also be removed. Approximate proposed lot sizes are listed below: Lot 1: 15,464 sq ft Lot 2: 9.537 sq ft Lot 3: 10,947 sq ft Lot 4: 10,933 sq ft The proposal for the eventual development of four new single-family residences would result in a density of 3.7 dwelling units per net acre (du/ac). The allowed density range in the R-4 zone is no minimum to a maximum of 4.0 du/ac. Access to the lots would be via private driveways extending from NE 2nd St. The topography of the subject site is generally flat with a gradual slope to the south and west. The soil type is Alderwood sandy loam/till. The site contains ornamental shrubs and lawn but no significant trees. No trees are proposed to be removed with the short plat development. There are no sensitive areas on the site. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: (A) Compliance with the Comprehensive Plan Designation The subject site is designated Residential Low Density(RLD) on the Comprehensive Plan Land Use Map. The objective established by the RLD designation is to provide for development on land that is appropriate for a range of low intensity residential and employment, where land is either constrained by sensitive areas or where the City has the opportunity to add larger-lot housing stock, at urban densities of 4-du/net acre, to its inventory. Lands that either do not have significant sensitive areas, or can be adequately protected by the critical areas err►• ordinance, are zoned Residential -4 (R-4). The proposed plat is consistent with the following Residential Low Density policies: SHPL admin stfrpt Annie ll.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006;PROJECT LUA-05-167,SHPL-A Page 4 Land Use Element Policy LU-134. Base development densities should range from 1 home per 10 acres (Resource Conservaf ilif to 1 home per acre (Residential 1) on Residential Low Density (RLD) designated land with significant environmental constraints, including but not limited to: steep slopes, erosion hazard, floodplains, and wetlands or where the area is in a designated Urban Separator. Density should be a maximum of 4-du/net acre (Residential 4) on portions of the Residential Low Density land where these constraints are not extensive and urban densities are appropriate. Policy LU-138. To provide for more efficient development patterns and maximum preservation of open space, residential development may be clustered and/or lot sizes reduced within allowed density levels in Residential Low Density designations. Implementation of this policy should be phased in within two years of the adoption of the 2004 Update. Objective LU-EE: Designate Residential 4 du/acre zoning in those portions of the RLD designation appropriate for urban levels of development by providing suitable environments for suburban and/or estate style, single- family residential dwellings. Policy LU-143. Within the Residential 4 du/acre zoned area allow a maximum density of 4 units per net acre to encourage larger lot development and increase the supply of upper income housing consistent with the City's Housing Element. Policy LU-144. Ensure quality development by supporting site plans and plats that incorporate quality building and landscaping standards. Policy LU-146. Interpret development standards to support provision of landscape features as well as innovative site planning. Criteria should include: 1)Attractive residential streetscapes with landscaped front yards that are visible from the street; Neal 2) Landscaping, preferably with drought-resistant evergreen plant materials; 3) Large caliper street trees; 4) Irrigated landscape planting strips; 5) Low-impact development using landscaped buffers, open spaces, and other pervious surfaces; and 6)Significant native tree and vegetation retention and/or replacement. B) Compliance with the Underlying Zoning Designation The subject site is designated Residential—4 Dwelling Units per Acre (R-4) on the City of Renton Zoning Map. The proposed development would allow for the future construction of three new single-family dwelling units. The allowed density range in the R-4 zone is a minimum of 0 to a maximum of 4.0 dwelling units per acre. Based on the proposal for four lots, the proposal results in a net density of 3.7 du/ac, which is within the allowed density range for the R-4 zone. The allowed building lot coverage in the R-4 zone as it pertains to the subject property is 35 percent or 2,500 square feet, whichever is greater. The lot coverage for new structures on the proposed lots would be verified at the time of building permit review. The minimum lot size in the R-4 zone is 8,000 sq ft. The minimum lot width is 70 ft for interior lots and 80 ft for corner lots Minimum lot depth is 80 ft. However, the code allows these requirements to be reduced to a minimum 7,200 sq ft lot size, 60' lot width, and 70' lot depth, with approval by the Division Director. A variance (LUA05-167) was issued on March 2, 2006, to allow Lot 2 to be reduced from 70 ft to 61 ft in width (see Attachment 2). The required setbacks in the R-4 zone are as follows: front yard is 30 ft, side yards are required to be 15 combined with either yard a minimum of 5 ft, and rear yard is 25 ft. The setbacks for the new lots would INIS verified at the time of building permit review. SHPL admin stfrpt Annie ll.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006; PROJECT LUA-05-167,SHPL-A Page 5 The parking regulations required that detached or semi-attached dwellings provide at minimum of 2 off-street `�✓ parking spaces. As proposed, each lot would have adequate area to provide two off-street parking spaces. Compliance with the parking requirements will be verified at the time of building permit review. For the removal of the existing detached garage and shed, and a portion of the attached garage, a demolition permit must be obtained and a final inspection completed prior to the recording of the final short plat. c) Community Assets The applicant submitted a conceptual landscape plan with the short plat application. The City's landscape code (RMC 4-4-070) requires that the short plat provide onsite landscaping for front yards that abut street frontages, including a minimum 5-foot irrigated or drought-resistant planting area. For rear or side yards that abut public streets, a minimum 5-foot planting area in the public right-of-way is required. In addition, two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer), shall be planted within the 15-foot front yard setback area for the proposed lots. The applicant proposes to provide landscaping within a 5-foot wide landscaping strip. A final landscape plan must be submitted and approved by the Development Services Division Project Manager prior to recording of the final short plat. d) Compliance with Subdivision Regulations Streets:No new public streets would be created as part of the proposed short plat. The Subdivision Regulations require the installation of half street improvements, including curb, gutter, and sidewalk, along the site's NE 2"d Street frontage if not already existing (RMC section 4- 6-060), unless waived or deferred by the City. There are currently no curb/gutter/sidewalk improvements fronting this parcel on Lyons Ave NE or NE 2"d St. The proposed short plat is anticipated to generate additional traffic on the City's street system. In 'fire order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. Three new lots (credit given for the existing residence)are expected to generate approximately 28.71 (4— 1 = 3 x 9.57 trips =28.71 trips) new average weekday trips. The fee for the proposed short plat is estimated at $2,513.25 ($75.00 x 9.57 trips x 3 lots =$2,513.25) and is payable prior to the recording of the short plat. Blocks:No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-4 zone. Both lots are generally rectangular in shape. Each lot has access to a public street NE 2"d St from the proposed private street. As previously noted, a variance was issued on March 2, 2006, to allow a reduced lot width for Lot 2 (61' instead of 70'). All other requirements of the R-4 zone provided in the City Code have been met. The lots appear to contain adequate building areas for the construction of suitable single- family residences when taking setbacks and lot coverage requirements into consideration. Compliance with these requirements will be reviewed at the time of building permit application. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way NE 2nd St from private driveways. Topography: The topography of the subject site is generally flat with a gradual slope to the south and west. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated Residential —4 Dwelling Units Per Acre (R-4) on the City's zoning map. The proposal is similar to existing development patterns in the area, and is consistent with the Comprehensive Plan and Zoning Code designations. 0 Availability and Impact on Public Services(Timeliness) SHPL admin stfrpt Annie I/.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006;PROJECT LUA-05-167,SHPL-A Page 6 Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to fur services to the proposed development, subject to the condition that the applicant provide CAS required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at$488.00 ($488.00 x 3 new lots =$1,464.00)and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in a maximum of one additional student (0.44 X 3 lots = 1.32 rounded to 1.0 ) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal. Storm Water. The subject property lies in the Orting Hill sub-basin of the Cedar River Basin. Since the proposed development will not create more than 5,000 sq. ft. of new impervious area, detention and water quality improvements will not be required. The System Development Charge is required and will be at the current rate of $759.00 per new single-family lot. The fee is payable prior to the issuance of the utility construction permit. Water and Sanitary Sewer Utilities: Water will be provided by King County Water District 90. The required fire flow for single-family residences is 1,000 gpm, and a fire hydrant is required to be located within 300 feet of all single-family residence. Prior to recording of the short plat, verification that the existing fire hydrant is within 300 feet of all homes within the short plat and meets fire flow standards will be required. If sub-standard, the fire hydrant will need to be replaced and/or retrofitted with a quick-disconnect Storz fitting. The applicant will be required to install a separate water service to each lot prior to recording of the short plat. There is an existing 8" sewer main in Lyons Ave NE, and a sewer main along NE 2`d St on westerly frontage of the site. Each lot must be served with an individual side sewer at a minim slope of 2 percent. Sewer stub-outs must be installed prior to the recording of the short plat. A System Development Charge of $1,017.00 per lot is required. This fee is payable at the time of issuance of a utility construction permit. No credit is given for the existing residence as it is currently connected to a private septic disposal system. The property is subject to the NE 2nd St Sewer Extension Latecomer Fee. The fee is $4,800.00 plus interest, and is collected at the time the utility construction permit is issued. The property is also subject to the East Renton Interceptor Special Assessment District. Fees are collected at the time the utility construction permit is issued. Existing onsite septic systems must be removed consistent with the requirements of the King County Health Department prior to recording of the short plat. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Annie's Place II, File No. LUA-05-167, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Low Density(RLD)land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential - 8 (R-4) zoning designation, provided all advisory notes and conditions r- approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. SHPL admin stfrpt Annie ll.doc City of Renton PB/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006;PROJECT LUA-05-167,SHPL-A Page 7 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single err Family (zoned R-4); East: Residential Single Family (zoned R-4); South: Residential Single Family (zoned R-4); and West: Residential Single Family(zoned R-4). 7. System Development Charges: A Surface Water System Development Charge, at the current applicable rate, will be required for each new single-family residence as part of the construction permit. A Sanitary Sewer System Development Charge will be required for all four lots. The applicant will be required to verify that the existing nearby fire hydrant will meet proximity and fire flow requirements and/or replace or retrofit sub-standard hydrants as necessary. The parcel is also subject to the NE 2"d St Sewer Extension Latecomer Fee and the East Renton Interceptor Special Assessment District fees. 8. Public Utilities Water and sewer service stubs must be extended to each of the individual lots. CONCLUSIONS: 1. The subject site is located in the Residential Low Density(RLD) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential—4 Dwelling Units Per Acre (R-4)zoning designation and complies with the zoning and development standards established with this designation, provided the applicant complies with all advisory notes and conditions, and with the lot width variance issued on March 2, 2006. 3. The proposed 4-lot short plat complies with the subdivision regulations as established by City Code and state law provided the applicant complies with all advisory notes and conditions. 4. The proposed 4-lot short plat complies with the street standards as established by City Code, provided the applicant complies with all advisory notes and conditions of approval. J. DECISION: The Annie's Place II Short Plat, File No. LUA05-167, SHPL-A, is approved subject to the following conditions: 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. The applicant shall comply with the lot width variance for Lot 2 issued on March 2, 2006. 3. The applicant shall pay a Fire Mitigation Fee based on a rate of$488.00 per new single-family lot with credit given for the existing residence. The fee for this short plat is estimated at$1,464.00(3 new single family lot x$488.00=$1,464.00)and shall be paid prior to the recording of the short plat. 4. A final landscape plan shall be submitted for review and approval by the Development Services Division Project Manager prior to the recording of the final short plat. 5. The applicant shall obtain a demolition permit and complete a final inspection to remove the detached garage and shed, and portion of the attached garage, prior to recording of the final short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: • .. 1r % 2006 Gregg A.Zimm m:n,P/=/PW 'dministrator decision date *kw SHPL admin stfipt Annie II City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006;PROJECT LUA-05-167,SHPL-A Page 8 TRANSMITTED this 20th day of March, 2006 to the Owners/Applicants: Tom Redding Baima&Holmberg,Inc. 100 Front St.S Issaquah,WA 98027 Bill Hughes W.H.Hughes,Jr.Co,Inc. 15220 Cedar Grove Rd Issaquah,WA 98027 David Day W.H.Hughes,Jr.Co,Inc. 15220 Cedar Grove Rd Issaquah,WA 98027 Om Parkash&Raby Baljinder 5511 NE 2nd St Renton,WA 98059 TRANSMITTED this 20th day of March, 2006 to the following: Larry Meckling,Building Official Stan Engler,Fire Marshal Neil Watts,Development Services Director Jennifer Henning,Principal Planner Jan Conklin,Development Services Carrie Olson,Development Services Lawrence J.Warren,City Attorney South County Journal Land Use Action Appeals& Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on April 3, 2006. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hour- between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. Nord Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. SHPL admin stfrpt Annie Il.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 20,2006; PROJECT LUA-05-167,SHPL-A Page 9 2. Street addresses shall be visible from a public street. Now, Plan Review—Storm/Surface Water 1. A Surface Water System Development Charge of$759.00 per single-family lot is payable at the time of issuance of the utility construction permit. 2. Temporary erosion control is required to meet Department of Ecology standards. Plan Review—Sewer 1. Short plats shall provide separate side sewer stubs to each new building lot. Side sewers are required be installed prior to the recording of the short plat. No dual side sewers are allowed. 2. A Sewer System Development Charge of$1,017.00 per new building lot is payable at the time of issuance of utility construction permit. 3. This property is subject to the NE 2nd St Sewer Extension Latecomer Fee. The fee is $4,800.00 plus interest, and is payable at the time the utility construction permit is issued. 4. This property is subject to the East Renton Interceptor Special Assessment District fee. The fee will be collected at the time the utility construction permit is issued. Plan Review—Water 1. Separate water service for each building lot will be required. Plan Review—Streets/Transportation 1. Street improvements including curb/gutter, sidewalks and paving are required along NE 2nd Street. Plan Review—Property Services 1. See attached comments. Plan Review—General 1. All plans shall conform to the Renton Drafting Standards. 2. A construction permit is required. When plans are complete, three copies of the drawings, two copies of the drainage report, a construction estimate, application and appropriate fees shall be submitted to the 6t'floor counter. Notilwv SHPL admin stfrpt Annie l/.doc .SCdej, F6 - 15T23NFSE W1/2- a) ....--- / Ji , co - C4 /1 � C7 n i 140th Ave. A l I • n 1----.1-2, 2," i i ,. �, Y, ---------- -......"--Ts ~� � 140th Ave. S __..._m s. ,:S N ..r'......---" -- .-, a. 1 , � II 1 142nd Ave. SEl 42, n d Ave. SE 1 ,143rd Ave: SE 143rd Ave. SE r ---•t---- _. co n Q r 1 N SE I w �JJ 144th Ave. A111 cp — 144th Ave. SE Jericho Ave N - � 1- .. .1_ ,1.-.,fir �°.. c .) & 5 45th Ave. SE 'xi�. - 1 /:;. ,� -- z._. 7:1. . i tt 10 to -.5 .. ..,::',•;••• .7 p...t. i • ktrl ,145th .Ave. SE, „� __ L ons Ave. NE .`l"' j ' .4.41-1,:,. a ns•...•, - .i, a �1_ _ _. Oltit , t c:::,.....^. 1 I : N ._ 1 Z w cs. .... 4 .._.._. , , ( 1v il�e.-Avec y� 4 i - --- g3 1 t 1 1 i ` . 148th '1. S \, t: / t /,?,.l \.I 1 i ^ 1VI-- ,Eb) , ? O 149th P1. SE 1111 KJ ,,<,, ;, rk . - \-_. : .. . _ i. . RECORDING NO. VOL/PAG£( CI OF RENTON Si ..Y NOTE THIS SURMEY Is RAMO UPON THE LEGAL DESCRIPTION SHORT PLAT # coPTA1NED Num A n/LE REPORT BY OLD REPUBLIC TITLE COMPANY,ORDER NO.0.D2070 5207043333, THE BOUNDARY CORNERS AND IMES DEPICTED CH THIS MAP ARE PER RECORD TITLE INFORMATION AND REPRESENT DEED UNES ONLY. MESE UNES DO NOT PURPORT TO SNOW LINES THAT MAY OTHERWISE BE DETERMINED BY A COURT A COURT OF LAW. 1E4417.97(12'DI) ` • APPROX.LOCATION CF EX ///���RATER DISTRICT 90 CAC RATER TO BE REPLACE W/01NE 2nd STREET - _. Vii' ---�•---_. _____• . -+-+- _ EX CULVF-RT + a—+EX6SS _ '—+— +—+—'�—" -- +_+�t•-•"1"7-7-----"'----• SSCO E-417.90(12'CENC) f%.CULVERT —+— +— -"E"' LEGEND --____ IE4410.77(t2'CMP) I SET MONUMENT M CASE V w}- . IB: FOUND ROAR AND CAP ..„�.... -”, ~V .,� ® SE7 REBAR AND CAP LS211332 ,,......_.,.�............._. ....,,......� ^ I EX SIU 25.59, 6'20'36'W--7 Q �'iEL, CULVERT 74.'23' p E.4t7.76 4 CY0.0NE CULVERT 61.00' C gepOA• (u'DI) FE-NCE /, 70.00' 6 — y. IE.417.a3'� `/ CULVERT Air v PAP (12'CCNC) W.416.45 - ! 70.00' I 5„, Q w j 02'CONC) Q 4 DEEDED To THE nTY OF RENTgi CARPOai "'w1 �a REC. I MT `AI TRAC W EX. G -AGE� J, 4 i i TO :E r�� LOT 1 `�.L� REM. D %/ �F� i. FF•4te.7o ; ! S 15,464 SOFT. I / /' + ! 0.36 ACRES / / o �i vi/✓/,/r EX. SHOP4 APPROX.LOCATOR. •OF FASTING 50o•— ,... ... -...,,..__. TO BE . +yREMMN EX. , I REMOVED 6'CYCLONE I HOUSE TOd SNCL _�l o s /0 20 SO. R£MAVN "excVE 12'o `� I 1' 4� { FF-418.87 * 3, \ il; SCALE 1' 20' • � 5,O Y ID I fi 90T.537 a2 S; REFERENCES \I 4'CYQ !///////!////..S1' 'A.......ti i)FENCE 0.22 ACRES rl /� LONE LOT 3 I<IF 2.1. ANNIES PLACE SHORT PLATE EP S +��1 LUA-04-162-SIPL 1 6 / AX LOT NO. 084710-0Q61 '°'9"50F' e A FENCE y LOT 4 14'' � 10.933 SOFT. I 0.25 ACRES r U ? EX 12'saw ,I. 1 ` V to BE REMOVED SWM LIN t0 SOUTH NORTH HALF TRACT 9 o �': ,�, 4 ��\ LOT 9 j EAST HALF TRACT 9 i,-1-30'`` L BLACK LOAM FIVE ACRE TRACTS i BLACK LOAM Ems— - 61.00' 70.00 L. �2. PG.4190Y~ FIVE ACRE -II E 1ST CIRCLE I c 70'00 TRACTS PRIVATE ROAD ANNIE'S P4ACE TENc°E°D V ',I SHOT- PLAT I �„ w C}T 1 — 4H016 SHPL OT 2 I LOT 3 �_ 0. 1 rupehpBAIMA & HOLMBERG INC. ANNI O+ST PACEAT II iNt.,Nes ENGINEERS & SURVEYORS 100 FRONT STREET SOUTH ISSA011AN.WASHINGTON 98027 SH .� (425) 392-0250 OWN.BY DATE ..05 N0. 1004-02B / * DXO 12/14/05 DM N0.1004-026_SP ,4LUP C14K0.WY SCALE SHEET MIIN 11/10/5, KSJ 1'•20' 2 OF 2 r CITY OF RENTON COUNCIL AGENDA BILL AI#: 0 ) 1/4111,0 Submitting Data: For Agenda of: Dept/Div/Board.. Finance&IS Department July 10, 2006 Staff Contact Mike Bailey,Administrator Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Limited Tax General Obligation Bonds Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Ordinance Information Recommended Action: Approvals: Council concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The ordinance permits the City of Renton to sell $20,665,000 in new Limited Tax General Obligation Bonds, 2006, to provide part of the costs of constructing transportation and utility infrastructure and improvements in the City. STAFF RECOMMENDATION: Adopt bond ordinance. H:IFINANCEIADMINSUP1ol_AgendaBills\Bond,LTGO July 2006.doc � Y O FINANCE AND INFORMATION SERVICES Nome , �� ® , DEPARTMENT 'e"P'�N�o� MEMORANDUM DATE: June 26, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy- Keolker, Mayor �y FROM: Mike Bailey, Administrator SUBJECT: Limited Tax General Obligation Bonds ISSUE: Should the Council adopt an ordinance permitting the sale of$20,665,000 in Limited Tax General Obligation Bonds, 2006, to provide part of the costs of constructing transportation and utility infrastructure and improvements in the City? RECOMMENDATION: Adoption of the proposed ordinance authorizing the issuance of the bonds and related activities, and accept the offer to purchase the bonds from D.A. Davidson and Company. BACKGROUND SUMMARY: Use and Amount of Bond Proceeds The City Council approved a development agreement with The Boeing Company in 2003 providing for City participation in public improvements related to redevelopment of property. The Boeing Company sold the property and their rights under the development agreement to Transwestern Harvest Lakeshore LLC. Subsequently,the City approved a development agreement with Transwestern Harvest Lakeshore LLC (THL) in April of 2006 specifying certain obligations and conditions related to the development of this property. Among the conditions was a requirement that THL demonstrate evidence of commitments to the development by June 12. This condition was met. The City accepted the bid of Ceccanti to construct the infrastructure improvements on June 19. A project budget of$24,925,587 was approved for the infrastructure improvements on June 26. Of this budget, $16,605,809 is to be provided by the proceeds from a sale of Limited Tax General Obligation Bonds. H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\Bond Issue,LTGO,2006.doc Randy Corman,Council President Members of the Renton City Council June 26, 2003 Page 2 of 2 In addition to the use of bonds for improvements related to the development agreement with THL,the City is making roadway improvements on SW 27th and Strander Blvd. These improvements will be paid for by a variety of sources, including$2.8 million in proceeds from the bonds. The total proposed bond amount is $20,665,000 as illustrated in the table below: SW Lake Washington Improvements (THL agreement) $16,600,000 SW 27th and Strander Blvd. Improvements 2,800,000 Capitalized Interest 1,079,061 Bond Insurance Premium 67,570 Cost of Issuance 206,650 Bond Premium Proceeds (88,281) Total Bond Issue $20,665,000 Bond Sale Staff recommends acceptance of the offer to purchase the bonds from the City made by D.A. Davidson & Company(Purchaser), the managing underwriter. Staff will make a brief presentation at the final adoption of the recommended ordinance to review the offer provided by the Purchaser for the purpose of illustrating the market rates and final changes to the elements of the sale determined at pricing. Pricing will occur on July 13. To assist the Council in assessing the offer to purchase the bonds,we have secured the services of Seattle Northwest Securities as the financial advisor to the City. An expert in the municipal bond market will be present at the City Council meeting of July 17 to advise the City Council with regard to the market and specific elements of the bond sale. CONCLUSION: Staff recommends adoption of the ordinance authorizing the sale of the bonds and the acceptance of the offer to purchase the bonds from D.A. Davidson & Company. MEB/dlf cc: Jay Covington,CAO Marty Wine,Assistant to the CAO Alex Pietsch,EDNSP Administrator Gregg Zimmerman,PB/PW Administrator Bonnie Walton,City Clerk 1st DRAFT 5/26/06 For Discussion Purposes Only CITY OF RENTON, WASHINGTON 'torr ORDINANCE NO. AN ORDINANCE RELATING TO THE INCURRENCE OF INDEBTEDNESS; PROVIDING FOR THE SALE AND ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS, 2006, TO PROVIDE PART OF THE COSTS OF CONSTRUCTING TRANSPORTATION AND UTILITY INFRASTRUCTURE AND IMPROVEMENTS IN THE CITY; PROVIDING FOR THE DATE, DENOMINATIONS, FORM, TERMS, REGISTRATION PRIVILEGES, MATURITIES, INTEREST RATES AND COVENANTS OF THE BONDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES TO PAY THE PRINCIPAL THEREOF AND THE INTEREST THEREON; ESTABLISHING A DEBT SERVICE FUND FOR THE BONDS; AND PROVIDING FOR THE SALE AND DELIVERY OF SUCH BONDS TO D.A. DAVIDSON & CO., SEATTLE, WASHINGTON WHEREAS,the City of Renton(the "City")has determined that there is a need for infrastructure and other improvements for the South Lake Washington Infrastructure project and the SW 27th Street Extension project and it is in the best interest of the residents of the City to construct such roadway and utility infrastructure improvements in the City; and WHEREAS, the City Council deems it to be in the best interest of the City that the City borrow money and issue and sell obligations in the form of limited tax general obligation bonds for the purpose of providing part of the costs of the Project(hereinafter defined); and WHEREAS, the incurrence of indebtedness by the City to pay the costs of the Project will not cause the total indebtedness of the City to be incurred without the assent of the voters of the City to exceed the limitations set forth in Chapter 39.36 RCW; and WHEREAS, D.A. Davidson& Co. (the "Purchaser")has offered, by way of the Bond Purchase Agreement(the "Purchase Agreement"), to purchase such limited tax general obligation bonds upon the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Finding, Purpose and Description of Bonds. The City authorizes the sale and issuance of its "Limited Tax General Obligation Bonds, 2006" (the "Bonds") for the purpose of providing part of the funds necessary to pay the costs of constructing transportation and utility infrastructure and improvements in the South Lake Washington Infrastructure project and the SW 27th Street Extension project, and to pay certain "incidental costs and costs related to the sale rrr and issuance" (as defined in RCW 39.46.070) of the Bonds (the "Project"). f:\renton\Itgo 2006 1 • 1st DRAFT 5/26/06 For Discussion Purposes Only The Bonds shall be in the aggregate principal amount of$ ; shall be dated August 1, 2006; shall be issued in fully registered form as to both principal and interest; shall be NIS in the denomination of$5,000 each or any integral multiple thereof within a single maturity; shall be numbered separately in such manner and with any additional designation as the fiscal agencies of the State of Washington(the"State") located in Seattle, Washington and New York, New York (collectively,the "Registrar"), may deem necessary for purpose of identification; shall bear interest at the rates; and shall mature on December 1 in each of the years, in the principal amounts, as set forth below: Maturity Date Principal Interest Rate (December 1) Amount Per Annum 2008 $ 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 [*Term Bonds] The Bonds shall bear interest(computed on the basis of a 360-day year of twelve 30-day months) from their date or from the most recent interest payment date to which interest has been paid or duly provided for, whichever is later,payable on December 1, 2006, and semiannually thereafter on June 1 and December 1 of each year to the maturity or earlier redemption thereof. If any Bond is not paid upon proper presentment at its maturity or redemption date, the City shall be obligated to pay interest at the same rate from and after such maturity or earlier redemption until such Bond,both principal and interest, is paid in full. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and RCW 62A.8-105. f:\renton\Itgo 2006 2 1St DRAFT 5/26/06 For Discussion Purposes Only On the date of issue of the Bonds, all Bonds maturing in the same maturity year shall be %%No issued in the form of a single certificate, which certificate shall be registered in the name of The Depository Trust Company or any successor thereto engaged to operate a book-entry system for recording the beneficial ownership of the Bonds, as Custodian (the"Custodian"), or its nominee, and delivered to the Custodian. The Custodian shall hold each such Bond certificate in fully immobilized form for the benefit of the beneficial owners of the Bonds (the `Beneficial Owners")pursuant to the Blanket Issuer Letter of Representations (the "Letter of Representations"), from the City and the Registrar to the Custodian pertaining to the payment of the Bonds and the book-entry system, until the earliest to occur of either(1) the date of maturity of the Bonds evidenced by such certificate, at which time the Custodian shall surrender such certificate to the Registrar for payment of the principal of and interest on such Bonds coming due on such date, and the cancellation thereof; (2) the fifth business day following the date of receipt by the Registrar of the City's request to terminate the book-entry system of registering the beneficial ownership of the Bonds (the"Book-Entry Termination Date"); or(3) the date the City determines to utilize a new Custodian for the Bonds, at which time the old Custodian shall (provided the City is not then in default of any payment then due on the outstanding Bonds) surrender the immobilized certificates to the Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Bonds are registered in the name of the Custodian or its nominee and held by the Custodian in fully immobilized form as described in this Section 2, the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates evidencing such Bonds shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. The City may terminate the"book-entry" system of registering ownership of the Bonds at any time(provided the City is not then in default of any payment then due on the outstanding Bonds) by delivering to the Registrar: (a) a written request that it issue and deliver Bond certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book-Entry Termination Date; (b) a list identifying the Beneficial Owners as to both name and address; and (c) a supply of Bond certificates, if necessary for such purpose. Upon surrender to the Registrar of the immobilized certificates evidencing all of the then outstanding Bonds, the Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's nominee as the registered owner(the"Owner") thereof. Such certificates may be in any integral multiple of $5,000 within a single maturity. Following such issuance, the Owners of such Bonds may transfer and exchange such Bonds in accordance with Section 9 hereof. Neither the City nor the Registrar shall have at any time any responsibility or liability to any Beneficial Owner of any Bonds or to any other person for any error, omission, action or failure to act on the part of the Custodian with respect to payment, when due, to the Beneficial Owner of the principal and interest on the Bonds, proper recording of beneficial ownership of Bonds, proper transfers of such beneficial ownership, or any notices to Beneficial Owners or any other matter pertaining to the Bonds. f:\renton\ltgo 2006 3 1st DRAFT 5/26/06 For Discussion Purposes Only Section 2. Place, Manner and Medium of Payment. Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Prior to the Book- , Entry Termination Date, the principal and interest on the Bonds shall be paid by the Registrar to the Custodian as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, interest on the Bonds shall be paid by check or draft mailed on or before the interest payment date, to the persons identified as the Owners on the fifteenth day of the month preceding the interest payment date at the addresses shown for the Owners on the registration books for the Bonds (the"Bond Register") maintained by the Registrar; provided, however, that if so requested in writing by the Owner of at least $1,000,000 principal amount of Bonds, interest will be paid by wire transfer on the interest payment date to an account with a bank located in the United States. From and after the Book- Entry Termination Date, principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Owners at the principal corporate trust office of the Registrar. Section 3. Redemption; Open Market Purchase. [The Bonds maturing on December 1, are term bonds (the "Term Bonds") and, if not previously purchased by the City in the open market or optionally redeemed as set forth below, are subject to mandatory sinking fund redemption in part and by lot(in such manner as the Registrar shall determine), at par plus accrued interest to the redemption date on December 1 in the following years and in the following mandatory sinking fund redemption amounts: Mandatory Sinking Fund Mandatory Redemption Dates Sinking Fund (December 1) Redemption Amounts *Scheduled maturity] The Bonds maturing on December 1 in the years 2008 through 2016, inclusive, shall not be subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2017 shall be subject to optional redemption prior to maturity beginning on December 1, 2016, in whole or in part at any time(maturities to be selected by the City and by lot within a maturity in such manner as the Registrar shall determine), at par plus accrued interest to the date of redemption. [If the City shall optionally redeem Term Bonds or purchase Term Bonds in the open market, the par amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for such Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated.] Any Bond in the principal amount of greater than $5,000 may be partially redeemed in any integral multiple of$5,000. Prior to the Book-Entry Termination Date, the Bonds shall be f:\renton\]tgo 2006 4 1St DRAFT 5/26/06 For Discussion Purposes Only partially redeemed in accordance with the Letter of Representations. From and after the Book- 'time Entry Termination Date, in the event of a partial redemption of a Bond, upon surrender of such Bond at the principal corporate trust office of the Registrar, a new Bond or Bonds (at the option of the Owner) of the same maturity and interest rate and in the aggregate principal amount remaining unredeemed shall be authenticated and delivered to the Owner, without charge to the Owner for such partial redemption, in any denomination authorized by this Ordinance and selected by the Owner. Prior to the Book-Entry Termination Date, the Registrar shall give, or cause to be given, notice of a call for redemption of any Bonds to the Custodian, as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, notice of any such intended redemption shall be given by or on behalf of the City not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail,postage prepaid, to the Owner of each Bond to be redeemed at the address appearing on the Bond Register on the day the notice is given. The requirements of this section shall be deemed to be complied with when notice is mailed as herein provided, whether or not it is actually received by the Owner. In addition, such redemption notice shall be mailed within the same time period,postage prepaid, to each then existing nationally recognized municipal securities information repository designated by the SEC ("NRMSIR"), to the State Information Depository("SID"), if one is created, and to (the "Bond Insurer") or their respective successors, but such mailings shall not be a condition precedent to the redemption of such'mire If such notice to the Owners shall have been given and the City shall have set aside sufficient money for the payment of all Bonds called for redemption on the date fixed for redemption, the Bonds so called shall cease to accrue interest after such redemption date, and all such Bonds shall be deemed not to be outstanding hereunder for any purpose, except that the Owners of such Bonds shall be entitled to receive payment of the redemption price and interest accrued on the principal of the Bonds to the redemption date from the money set aside for such purpose. The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased or redeemed by the City shall be surrendered to the Registrar for cancellation. Section 4. Debt Limit Not Exceeded. The City finds and covenants that the Bonds are issued within all constitutional and statutory debt limitations presently applicable to the City. Section 5. Pledge of Full Faith, Credit and Resources. The Bonds are limited tax general obligations of the City. Unless the principal of and interest on the Bonds are paid from other sources, so long as any Bonds are outstanding, the City hereby irrevocably covenants to include in its budgets and to make annual levies of taxes within the constitutional and statutory tax limitations provided by law without a vote of the qualified voters of the City upon all property within the City subject to taxation in amounts which, together with any other money legally available therefor, shall be sufficient to pay the principal and interest on the Bonds as the same f:\rentonUtgo 2006 5 1st DRAFT 5/26/06 For Discussion Purposes Only shall become due. The City hereby irrevocably pledges its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt payment of such principal and interest. All of such taxes shall be paid into the Bond Fund hereinafter created. Section 6. Form of Bonds. The Bonds shall be typewritten,printed or lithographed on good bond paper in a form consistent with this Ordinance and State law. Section 7. Execution of Bonds. The Bonds shall be signed on behalf of the City with the facsimile or manual signatures of the Mayor and the City Clerk, and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. In case either or both of the officers who shall have executed any Bond shall cease to be such officer or officers of the City before the Bond so signed shall have been authenticated or delivered by the Registrar or issued by the City, such Bond nevertheless may be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond also may be signed and attested on behalf of the City by such persons as at the actual date of execution of such Bond shall be the proper officers of the City although at the original date of such Bond such persons were not such officers of the City. Section 8. Authentication and Delivery of Bonds by Registrar. The Registrar is authorized and directed, on behalf of the City, to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds and this Ordinance. Only such Bonds as shall bear thereon a"Certificate of Authentication"manually executed by an authorized signatory of the Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this Ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Ordinance. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 9. Registration; Transfer and Exchange. The Registrar shall keep, or cause to be kept, the Bond Register at its principal corporate trust office. The City and the Registrar, each in its discretion, may deem and treat the Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 2 hereof,but such registration may be transferred as herein provided. All such payments made as provided in Section 2 hereof shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The registered ownership of any Bond may be transferred. Prior to the Book-Entry Termination Date, the beneficial ownership of the Bonds may only be transferred on the records established and maintained by the Custodian. On and after the Book-Entry Termination Date,no f:\renton\ltgo 2006 6 1st DRAFT 5/26/06 For Discussion Purposes Only transfer of any Bond shall be valid unless it is surrendered at any principal corporate trust office 'tor,,, of the Registrar, with the assignment form appearing on such Bond duly executed by the Owner or such Owner's duly authorized agent, in a manner satisfactory to the Registrar. Upon such surrender, the Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Owner or transferee therefor(other than governmental fees or taxes payable on account of such transfer), a new Bond or Bonds (at the option of the new Owner), of the same maturity and interest rate and for the same aggregate principal amount, in any authorized denomination, naming as Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. On and after the Book-Entry Termination Date, any Bond may be surrendered at the principal corporate trust office of the Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds, in any authorized denomination. The Registrar shall not be obligated to transfer or exchange any Bond during the 15 days preceding any applicable interest payment, principal payment or redemption date. The Registrar may become the Owner of any Bond with the same rights it would have if it were not the Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners of the Bonds. The City covenants that, until all Bonds shall have been surrendered and cancelled, it will maintain a system of recording the ownership of each Bond that complies with the provisions of N'"'` the Internal Revenue Code of 1986, as amended (the "Code"). Section 10. Mutilated, Lost, Stolen or Destroyed Bonds. If any Bond becomes mutilated, lost, stolen or destroyed, the Registrar may authenticate and deliver a new Bond of the same maturity and interest rate and of like tenor and effect in substitution therefor, all in accordance with law. If such mutilated, lost, stolen or destroyed Bond has matured, the City at its option, may pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant shall furnish (a) evidence satisfactory to the Registrar of the destruction or loss of the original Bond and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City and the Registrar for their respective expenses in the furnishing thereof. Any such substitute Bond so furnished shall be equally and proportionately entitled to the security of this Ordinance with all other Bonds issued hereunder. Section 11. Defeasance. If money and/or"Government Obligations"(as such obligations are defined in Chapter 39.53 RCW, as now in existence or hereafter amended) maturing at such times(s) and bearing such interest to be earned thereon (without any reinvestment thereof) as will provide a series of payments which shall be sufficient, together with any money initially deposited, to provide for the payment of all of the principal of and interest on all or a portion of the Bonds, when due in accordance with their terms in accordance with a refunding plan adopted by the City, are set aside in a special fund (hereinafter called the 141r✓ "trust account") to effect such payment and are pledged irrevocably for the purpose of effecting f:\renton\ltgo 2006 7 1St DRAFT 5/26/06 For Discussion Purposes Only such payment, then no further payments need be made into the Bond Fund for the payment of the principal of and the interest on such Bonds, the Owners thereof shall cease to be entitled to any lien,benefit or security of this Ordinance except for the right to receive the money and the principal and interest proceeds on the obligations set aside in the trust account, and such Bonds shall no longer be deemed to be outstanding hereunder. Section 12. Sale of the Bonds; Delivery. The Purchaser has presented a bond purchase agreement(the "Purchase Agreement")to the City pursuant to which the Purchaser has offered to purchase the Bonds, under the terms and conditions provided in the Purchase Agreement, which written Purchase Agreement is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Purchase Agreement is in the City's best interest and therefore accepts the offer contained in the Purchase Agreement and authorizes the execution of the Purchase Agreement by the Mayor, her designee, the Chief Administrative Officer of the City or the Finance and Information Services Administrator. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the terms of the Purchase Agreement with the approving legal opinion of Gottlieb, Fisher& Andrews, PLLC,bond counsel, Seattle, Washington, relative to the issuance of the Bonds,printed on or attached to each Bond. Bond counsel has not been engaged to participate in the preparation or review of, or express any opinion concerning the completeness or accuracy of, any official statement or other disclosure documentation used in connection with the offer or sale of the Bonds by any person, and bond counsel's opinion shall so state. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring, the City's compliance with any federal law or regulations to maintain the tax-exempt status of the interest *40011 on the Bonds. Section 13. Delivery of Bonds; Temporary Bonds. The proper City officials, including, but not limited to, the City Finance and Information Services Administrator, are authorized and directed to execute and/or approve, as appropriate, all documents, including but not limited to, the final Official Statement pertaining to the Bonds and the commitment from the Bond Insurer for the issuance of an insurance policy for the Bonds, and to do everything necessary for the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and the printing, execution and prompt delivery of the Bonds to the Purchaser and for the proper application and use of the proceeds of the sale thereof. If definitive Bonds are not ready for delivery by the date established for closing(the "Closing"), the City Finance and Information Services Administrator, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bond or Bonds shall be entitled and subject to the same benefits and provisions of this Ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owners thereof for definitive Bonds when the latter are ready for delivery. Section 14. Establishment of Bond Fund and Project Fund; Application of Bond Proceeds. There is hereby created and established in the office of the City Finance and f:\renton\ltgo 2006 8 1 S`DRAFT 5/26/06 For Discussion Purposes Only Information Services Administrator a special fund to be designated as the "Limited Tax General Ness, Obligation Bond Fund, 2006" (the "Bond Fund"). The accrued interest on the Bonds, if any, received by the City upon the sale of the Bonds shall be deposited into the Bond Fund and shall be applied to the payment of interest coming due on the Bonds. The remaining proceeds of the sale of the Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Purchaser on behalf of the City and less[plus] the net original issue discount[premium], shall be deposited, upon receipt, to the "South Lake Washington Infrastructure Project Fund"(the "Project Fund"), established in the office of the City Finance and Information Services Administrator, to pay part of the costs of the Project. Except as provided by the Code and Section 15 of this Ordinance, the interest and profits derived from the investment of Bond proceeds shall be deposited in the Project Fund and applied as described in the preceding paragraph. Except as provided by the Code and Section 15 of this Ordinance, if any money allocable to the Bond proceeds remains in the Project Fund after payment of all the costs of the Project or after termination of the Project by the City, such money shall be transferred to the Bond Fund and applied to the payment of the principal of and interest on the Bonds. Pending application as described in this Section 14 and subject to the requirements of the Code and Section 15 of this Ordinance, money allocable to the Bond proceeds in the Project "41610, Fund may be temporarily deposited in such institutions or invested in such investments as may be lawful for the investment of City funds. Section 15. Tax-Exemption Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exclusion of the interest on the Bonds from the gross income for purposes of federal income taxation, and will take or require to be taken such acts as may be permitted by Washington law and as may from time to time be required under applicable law to continue the exclusion of the interest on the Bonds from the gross income for purposes of federal income taxation. Without limiting the generality of the foregoing, the City will not invest or make or permit any use of the proceeds of the Bonds or of its other money at any time during the term of the Bonds which would cause the Bonds to be "arbitrage bonds"within the meaning of Section 148 of the Code. The City covenants that it shall calculate or cause to be calculated, and shall rebate to the United States, all earnings from the investment of Bond proceeds that are in excess of the amount that would have been earned had the yield on such investments been equal to the yield on the Bonds, plus income derived from such excess earnings,to the extent and in the manner required by Section 148 of the Code. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer the arbitrage certifications of which may not be relied upon. Now f:\renton\ltgo 2006 9 1st DRAFT 5/26/06 For Discussion Purposes Only The City will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this Ordinance which would cause any Bond to be treated as a"private activity bond" (as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a) of the Code, unless the tax exemption thereof is not affected. Section 16. Preliminary Official Statement Declaration. The City has been provided with copies of a preliminary official statement dated , 2006, (the"Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b)(1), the City"deems final"the Preliminary Official Statement, as of its date, except for the omission of information on offering prices, interest rates, selling compensation, delivery dates, ratings, other terms of the Bonds dependent on such matters. Section 17. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection (b)(5)(i) of the Rule 15c2-12 (the "Rule")of the United States Securities and Exchange Commission (the"SEC"). The City hereby agrees to provide or cause to be provided to each then existing NRMSIR, to the SID, if one is created, and to the Bond Insurer the following annual financial information and operating data(collectively, the"Annual Financial Information") for each prior fiscal year, commencing with the fiscal year ending December 31, 2006, on or before the last day of the seventh month following the end of such prior fiscal year: ,441001 (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by State law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City,they will be provided (the "Annual Financial Statements"); (b) The assessed valuation of taxable property in the City; (c) Ad valorem taxes due and the percentages of taxes collected; (d) Property tax levy rates per$1,000 assessed valuation; (e) A statement of authorized, issued and outstanding general obligation indebtedness of the City; and (f) A narrative explanation of the reasons for any amendments to this Section 17 made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. In its provision of such financial information and operating data, the City may cross- reference to any "final official statement" (as defined in the Rule) available from the Municipal f:\renton\ltgo 2006 10 1St DRAFT 5/26/06 For Discussion Purposes Only Securities Rulemaking Board (the "MSRB") documents theretofore provided to each then existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR, to the SID, if one is created, and to the Bond Insurer. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR and to the Bond Insurer, notice of any of the following events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modification to rights of the Owners of the Bonds; 8. Optional redemptions of the Bonds; 9. Defeasances of the Bonds; 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the seventh month following the end of such prior fiscal year. After the issuance of the Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City(including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no-action letter" issued by the SEC, this Section 17 may only be amended in NAN" connection with any change in legal requirements, change in law, or change in the identity, f:\renton\Itgo 2006 11 1St DRAFT 5/26/06 For Discussion Purposes Only nature or status of the obligated person,or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance,prior redemption or payment in full of all of the then outstanding Bonds. This Section 17 or any provision hereof, shall be null and void if the City(i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this Section 17 or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii)notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section 17 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 17, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this Ordinance. The City Finance and Information Services Administrator is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section 17. Section 18. Contract; Severability. The covenants contained in this Ordinance shall constitute a contract between the City and the Owners of each and every Bond. The City unconditionally covenants that it will keep and perform all of the covenants of the Bonds and this Ordinance. If any one or more of the provisions of this Ordinance shall be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining provisions of this Ordinance or the Bonds, and this Ordinance and the Bonds shall be construed and enforced as if such unconstitutional or invalid provision had not been contained herein. f:\renton\ltgo 2006 12 1St DRAFT 5/26/06 For Discussion Purposes Only Section 19. Effective Date. This Ordinance shall take effect and be in force five days 5,r,,. from and after its passage and publication as provided by law. PASSED by the City Council this day of , 2006. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. a Kathy Keolker, Mayor Approved as to Form: New Bond Counsel Date of Publication: (Summary) Norw f:\renton\itgo 2006 13 UTILITIES COMMITTEE X0,6 COMMITTEE REPORT July 10, 2006 Interlocal Agreement between Renton and Skyway Water and Sewer District Regarding the Conveyance of Wastewater (Referred June 19, 2006) The Utilities Committee recommends concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute an interlocal agreement with Skyway Water and Sewer District to allow for the conveyance of a portion of the district's flow through the City's system. The Committee further recommends that the resolution regarding this matter be presented for reading and adoption. Dan Clawson, Chair Terri Briere, Vice Chair 444 a/4-/---- Denis W. Law, Member cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor APPROVED by COUNCIL FINANCE COMMITTEE REPORT Date 7-la ,2006 July 10,2006 ija1 --_-. a -v APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on July 10, 2006, claim vouchers 249943-250357 and 2 wire transfer, totaling $3,310,151.65 , and 635 direct deposits, payroll vouchers 64061-64424, and 1 wire transfer, totaling $2,101,203.45 . � y. Don1'ers n, Chair Denis Law, Vice-Chair Toni Nelson, Member adopted 7-0-A0,06 CITY OF RENTON, WASHINGTON RESOLUTION NO. Se R7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE SKYWAY WATER AND SEWER DISTRICT TO PROVIDE, WITHIN THE SUBJECT AREA, THE OPTION OF SKYWAY CONNECTING ITS SEWER FACILITIES TO RENTON'S SEWER FACILITIES. WHEREAS, the City of Renton and Skyway Water and Sewer Districts both provide sanitary sewer services to citizens within the greater Renton area; and WHEREAS, the City of Renton and Skyway Water and Sewer Districts have previously established the boundaries whereby each would provide sanitary sewer service as documented in a 2003 agreement; and WHEREAS, Skyway Water and Sewer District could provide sanitary sewer service to their customers that are currently outside of Renton's city limits by constructing sewer facilities that connect to existing facilities within the city limits that are owned by Renton; and WHEREAS, it is in the public interest for the parties herein to enter into an agreement to provide for the efficient planning and development of new sanitary sewer services in areas which may be served by either, or both, of the parties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the Skyway Water and Sewer District providing, within the subject area, the option of Skyway connecting its sewer facilities to Renton sewer facilities. RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: RES:1192:6/8/06:ma 2 CITY OF RENTON, WASHINGTON Name ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING PORTIONS OF PARK AVENUE N., BETWEEN N. 8`" ST. AND LOGAN AVENUE N., FOR THE PROPOSED LAKESHORE LANDING SITE DEVELOPMENT STREET SYSTEM (CITY OF RENTON; VAC 04-005) WHEREAS, a proper petition for vacating portions of Park Avenue N. was filed with the City Clerk on December 17, 2005, and that petition was signed by the owners representing more than two-thirds (2/3) of the property abutting upon the street or alley to be vacated; and WHEREAS, the City Council, by Resolution No. 3730, passed on January 3, 2005, set January 24, 2005, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter, and the City Clerk having given proper notice of Now this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L The following described portions of Park Avenue N., to wit: err 1 ORDINANCE NO. SECTION IL No compensation is required for this street vacation. SECTION ILL 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 day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. r.r Kathy Keolker-Wheeler,Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1174:3/1/05 .411003 EXHIBIT B VAC-04-005 1 / \.I Tract K N or �ooJeve � Tract H N / ---M-- _I\ __ d oC r 7z. N' Z scc_ bio d r10° . L to a Tract -1-- North 8th Street / • I 1St DRAFT 5/26/06 For Discussion Purposes Only CITY OF RENTON, WASHINGTON Now- ORDINANCE NO. AN ORDINANCE RELATING TO THE INCURRENCE OF INDEBTEDNESS; PROVIDING FOR THE SALE AND ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS, 2006, TO PROVIDE PART OF THE COSTS OF CONSTRUCTING TRANSPORTATION AND UTILITY INFRASTRUCTURE AND IMPROVEMENTS IN THE CITY; PROVIDING FOR THE DATE, DENOMINATIONS, FORM, TERMS, REGISTRATION PRIVILEGES, MATURITIES, INTEREST RATES AND COVENANTS OF THE BONDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES TO PAY THE PRINCIPAL THEREOF AND THE INTEREST THEREON; ESTABLISHING A DEBT SERVICE FUND FOR THE BONDS; AND PROVIDING FOR THE SALE AND DELIVERY OF SUCH BONDS TO D.A. DAVIDSON & CO., SEATTLE, WASHINGTON WHEREAS,the City of Renton(the"City")has determined that there is a need for infrastructure and other improvements for the South Lake Washington Infrastructure project and the SW 27th Street Extension project and it is in the best interest of the residents of the City to construct such roadway and utility infrastructure improvements in the City; and WHEREAS, the City Council deems it to be in the best interest of the City that the City borrow money and issue and sell obligations in the form of limited tax general obligation bonds for the purpose of providing part of the costs of the Project(hereinafter defined); and WHEREAS, the incurrence of indebtedness by the City to pay the costs of the Project will not cause the total indebtedness of the City to be incurred without the assent of the voters of the City to exceed the limitations set forth in Chapter 39.36 RCW; and WHEREAS, D.A. Davidson& Co. (the"Purchaser")has offered, by way of the Bond Purchase Agreement(the "Purchase Agreement"),to purchase such limited tax general obligation bonds upon the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Finding, Purpose and Description of Bonds. The City authorizes the sale and issuance of its "Limited Tax General Obligation Bonds, 2006" (the "Bonds")for the purpose of providing part of the funds necessary to pay the costs of constructing transportation and utility infrastructure and improvements in the South Lake Washington Infrastructure project and the SW 27th Street Extension project, and to pay certain"incidental costs and costs related to the sale and issuance" (as defined in RCW 39.46.070) of the Bonds (the"Project"). f:\renton\ltgo 2006 1 1st DRAFT 5/26/06 For Discussion Purposes Only The Bonds shall be in the aggregate principal amount of$ ; shall be dated August 1, 2006; shall be issued in fully registered form as to both principal and interest; shall be .1400 in the denomination of$5,000 each or any integral multiple thereof within a single maturity; shall be numbered separately in such manner and with any additional designation as the fiscal agencies of the State of Washington(the"State") located in Seattle, Washington and New York, New York (collectively, the "Registrar"), may deem necessary for purpose of identification; shall bear interest at the rates; and shall mature on December 1 in each of the years, in the principal amounts, as set forth below: Maturity Date Principal Interest Rate (December 1) Amount Per Annum 2008 $ 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 . ' 2021 2022 2023 2024 2025 2026 2027 2028 [*Term Bonds] The Bonds shall bear interest(computed on the basis of a 360-day year of twelve 30-day months) from their date or from the most recent interest payment date to which interest has been paid or duly provided for, whichever is later,payable on December 1, 2006, and semiannually thereafter on June 1 and December 1 of each year to the maturity or earlier redemption thereof. If any Bond is not paid upon proper presentment at its maturity or redemption date,the City shall be obligated to pay interest at the same rate from and after such maturity or earlier redemption until such Bond, both principal and interest, is paid in full. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and RCW 62A.8-105. NIS f:\rentonUtgo 2006 2 1st DRAFT 5/26/06 For Discussion Purposes Only On the date of issue of the Bonds, all Bonds maturing in the same maturity year shall be issued in the form of a single certificate,which certificate shall be registered in the name of The Depository Trust Company or any successor thereto engaged to operate a book-entry system for recording the beneficial ownership of the Bonds, as Custodian(the "Custodian"),or its nominee, and delivered to the Custodian. The Custodian shall hold each such Bond certificate in fully immobilized form for the benefit of the beneficial owners of the Bonds(the "Beneficial Owners")pursuant to the Blanket Issuer Letter of Representations(the "Letter of Representations"), from the City and the Registrar to the Custodian pertaining to the payment of the Bonds and the book-entry system,until the earliest to occur of either(1) the date of maturity of the Bonds evidenced by such certificate, at which time the Custodian shall surrender such certificate to the Registrar for payment of the principal of and interest on such Bonds coming due on such date, and the cancellation thereof; (2) the fifth business day following the date of receipt by the Registrar of the City's request to terminate the book-entry system of registering the beneficial ownership of the Bonds(the"Book-Entry Termination Date"); or(3) the date the City determines to utilize a new Custodian for the Bonds, at which time the old Custodian shall (provided the City is not then in default of any payment then due on the outstanding Bonds) surrender the immobilized certificates to the Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Bonds are registered in the name of the Custodian or its nominee and held by the Custodian in fully immobilized form as described in this Section 2,the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates evidencing such Bonds shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. The City may terminate the "book-entry" system of registering ownership of the Bonds at any time(provided the City is not then in default of any payment then due on the outstanding Bonds)by delivering to the Registrar: (a) a written request that it issue and deliver Bond certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book-Entry Termination Date; (b) a list identifying the Beneficial Owners as to both name and address; and (c) a supply of Bond certificates, if necessary for such purpose. Upon surrender to the Registrar of the immobilized certificates evidencing all of the then outstanding Bonds, the Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's nominee as the registered owner(the "Owner")thereof. Such certificates may be in any integral multiple of $5,000 within a single maturity. Following such issuance,the Owners of such Bonds may transfer and exchange such Bonds in accordance with Section 9 hereof. Neither the City nor the Registrar shall have at any time any responsibility or liability to any Beneficial Owner of any Bonds or to any other person for any error, omission, action or failure to act on the part of the Custodian with respect to payment,when due, to the Beneficial Owner of the principal and interest on the Bonds, proper recording of beneficial ownership of Bonds, proper transfers of such beneficial ownership, or any notices to Beneficial Owners or any other matter pertaining to the Bonds. f:\renton\itgo 2006 3 1st DRAFT 5/26/06 For Discussion Purposes Only Section 2. Place,Manner and Medium of Payment. Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Prior to the Book- NIS Entry Termination Date, the principal and interest on the Bonds shall be paid by the Registrar to the Custodian as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, interest on the Bonds shall be paid by check or draft mailed on or before the interest payment date, to the persons identified as the Owners on the fifteenth day of the month preceding the interest payment date at the addresses shown for the Owners on the registration books for the Bonds(the"Bond Register") maintained by the Registrar;provided, however, that if so requested in writing by the Owner of at least $1,000,000 principal amount of Bonds,interest will be paid by wire transfer on the interest payment date to an account with a bank located in the United States. From and after the Book- Entry Termination Date,principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Owners at the principal corporate trust office of the Registrar. Section 3. Redemption; Open Market Purchase. [The Bonds maturing on December 1, are term bonds (the "Term Bonds") and, if not previously purchased by the City in the open market or optionally redeemed as set forth below, are subject to mandatory sinking fund redemption in part and by lot(in such manner as the Registrar shall determine), at par plus accrued interest to the redemption date on December 1 in the following years and in the following mandatory sinking fund redemption amounts: Mandatory Sinking Fund Mandatory Redemption Dates Sinking Fund °�'' (December 1) Redemption Amounts *Scheduled maturity] The Bonds maturing on December 1 in the years 2008 through 2016, inclusive, shall not be subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2017 shall be subject to optional redemption prior to maturity beginning on December 1, 2016, in whole or in part at any time (maturities to be selected by the City and by lot within a maturity in such manner as the Registrar shall determine), at par plus accrued interest to the date of redemption. [If the City shall optionally redeem Term Bonds or purchase Term Bonds in the open market, the par amount of the Term Bonds so redeemed or purchased(irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for such Term Bonds(as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated.] Any Bond in the principal amount of greater than $5,000 may be partially redeemed in any integral multiple of$5,000. Prior to the Book-Entry Termination Date, the Bonds shall be •.rr+ f:\rentonvtgo 2006 4 1st DRAFT 5/26/06 For Discussion Purposes Only partially redeemed in accordance with the Letter of Representations. From and after the Book- Entry Termination Date, in the event of a partial redemption of a Bond, upon surrender of such Bond at the principal corporate trust office of the Registrar, a new Bond or Bonds (at the option of the Owner)of the same maturity and interest rate and in the aggregate principal amount remaining unredeemed shall be authenticated and delivered to the Owner, without charge to the Owner for such partial redemption, in any denomination authorized by this Ordinance and selected by the Owner. Prior to the Book-Entry Termination Date,the Registrar shall give, or cause to be given, notice of a call for redemption of any Bonds to the Custodian, as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, notice of any such intended redemption shall be given by or on behalf of the City not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail,postage prepaid, to the Owner of each Bond to be redeemed at the address appearing on the Bond Register on the day the notice is given. The requirements of this section shall be deemed to be complied with when notice is mailed as herein provided, whether or not it is actually received by the Owner. In addition, such redemption notice shall be mailed within the same time period,postage prepaid, to each then existing nationally recognized municipal securities information repository designated by the SEC ("NRMSIR"),to the State Information Depository("SID"), if one is created, and to (the "Bond Insurer") or their respective successors,but such mailings shall not be a condition precedent to the redemption of such Bonds. If such notice to the Owners shall have been given and the City shall have set aside �rrr sufficient money for the payment of all Bonds called for redemption on the date fixed for redemption, the Bonds so called shall cease to accrue interest after such redemption date, and all such Bonds shall be deemed not to be outstanding hereunder for any purpose, except that the Owners of such Bonds shall be entitled to receive payment of the redemption price and interest accrued on the principal of the Bonds to the redemption date from the money set aside for such purpose. The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased or redeemed by the City shall be surrendered to the Registrar for cancellation. Section 4. Debt Limit Not Exceeded. The City finds and covenants that the Bonds are issued within all constitutional and statutory debt limitations presently applicable to the City. Section 5. Pledge of Full Faith, Credit and Resources. The Bonds are limited tax general obligations of the City. Unless the principal of and interest on the Bonds are paid from other sources, so long as any Bonds are outstanding,the City hereby irrevocably covenants to include in its budgets and to make annual levies of taxes within the constitutional and statutory tax limitations provided by law without a vote of the qualified voters of the City upon all property within the City subject to taxation in amounts which, together with any other money legally available therefor, shall be sufficient to pay the principal and interest on the Bonds as the same f:\rentonUtgo 2006 5 1St DRAFT 5/26/06 For Discussion Purposes Only shall become due. The City hereby irrevocably pledges its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt payment of such principal and ,400 interest. All of such taxes shall be paid into the Bond Fund hereinafter created. Section 6. Form of Bonds. The Bonds shall be typewritten, printed or lithographed on good bond paper in a form consistent with this Ordinance and State law. Section 7. Execution of Bonds. The Bonds shall be signed on behalf of the City with the facsimile or manual signatures of the Mayor and the City Clerk, and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. In case either or both of the officers who shall have executed any Bond shall cease to be such officer or officers of the City before the Bond so signed shall have been authenticated or delivered by the Registrar or issued by the City, such Bond nevertheless may be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond also may be signed and attested on behalf of the City by such persons as at the actual date of execution of such Bond shall be the proper officers of the City although at the original date of such Bond such persons were not such officers of the City. Section 8. Authentication and Delivery of Bonds by Registrar. The Registrar is authorized and directed, on behalf of the City,to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds and this Ordinance. Only such Bonds as shall bear thereon a "Certificate of Authentication"manually executed by an authorized signatory of the Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this Ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Ordinance. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 9. Registration; Transfer and Exchange. The Registrar shall keep, or cause to be kept,the Bond Register at its principal corporate trust office. The City and the Registrar, each in its discretion, may deem and treat the Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 2 hereof, but such registration may be transferred as herein provided. All such payments made as provided in Section 2 hereof shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The registered ownership of any Bond may be transferred. Prior to the Book-Entry Termination Date, the beneficial ownership of the Bonds may only be transferred on the records established and maintained by the Custodian. On and after the Book-Entry Termination Date,no ,41.01 f:lrentonVtgo 2006 6 1St DRAFT 5/26/06 For Discussion Purposes Only transfer of any Bond shall be valid unless it is surrendered at any principal corporate trust office of the Registrar, with the assignment form appearing on such Bond duly executed by the Owner or such Owner's duly authorized agent, in a manner satisfactory to the Registrar. Upon such surrender, the Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Owner or transferee therefor(other than governmental fees or taxes payable on account of such transfer), a new Bond or Bonds(at the option of the new Owner),of the same maturity and interest rate and for the same aggregate principal amount, in any authorized denomination,naming as Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. On and after the Book-Entry Termination Date, any Bond may be surrendered at the principal corporate trust office of the Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds, in any authorized denomination. The Registrar shall not be obligated to transfer or exchange any Bond during the 15 days preceding any applicable interest payment, principal payment or redemption date. The Registrar may become the Owner of any Bond with the same rights it would have if it were not the Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners of the Bonds. The City covenants that, until all Bonds shall have been surrendered and cancelled, it will maintain a system of recording the ownership of each Bond that complies with the provisions of Nterof the Internal Revenue Code of 1986, as amended(the "Code"). Section 10. Mutilated, Lost, Stolen or Destroyed Bonds. If any Bond becomes mutilated, lost, stolen or destroyed, the Registrar may authenticate and deliver a new Bond of the same maturity and interest rate and of like tenor and effect in substitution therefor, all in accordance with law. If such mutilated, lost, stolen or destroyed Bond has matured, the City at its option, may pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant shall furnish (a) evidence satisfactory to the Registrar of the destruction or loss of the original Bond and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City and the Registrar for their respective expenses in the furnishing thereof. Any such substitute Bond so furnished shall be equally and proportionately entitled to the security of this Ordinance with all other Bonds issued hereunder. Section 11. Defeasance. If money and/or"Government Obligations"(as such obligations are defined in Chapter 39.53 RCW, as now in existence or hereafter amended) maturing at such times(s) and bearing such interest to be earned thereon(without any reinvestment thereof) as will provide a series of payments which shall be sufficient, together with any money initially deposited, to provide for the payment of all of the principal of and interest on all or a portion of the Bonds, when due in accordance with their terms in accordance with a refunding plan adopted by the City, are set aside in a special fund(hereinafter called the lose "trust account") to effect such payment and are pledged irrevocably for the purpose of effecting f:\renton\Itgo 2006 7 1St DRAFT 5/26/06 For Discussion Purposes Only such payment, then no further payments need be made into the Bond Fund for the payment of the principal of and the interest on such Bonds, the Owners thereof shall cease to be entitled to any lien, benefit or security of this Ordinance except for the right to receive the money and the principal and interest proceeds on the obligations set aside in the trust account, and such Bonds shall no longer be deemed to be outstanding hereunder. Section 12. Sale of the Bonds; Delivery. The Purchaser has presented a bond purchase agreement(the "Purchase Agreement")to the City pursuant to which the Purchaser has offered to purchase the Bonds, under the terms and conditions provided in the Purchase Agreement, which written Purchase Agreement is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Purchase Agreement is in the City's best interest and therefore accepts the offer contained in the Purchase Agreement and authorizes the execution of the Purchase Agreement by the Mayor,her designee, the Chief Administrative Officer of the City or the Finance and Information Services Administrator. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the terms of the Purchase Agreement with the approving legal opinion of Gottlieb, Fisher&Andrews, PLLC, bond counsel, Seattle, Washington, relative to the issuance of the Bonds, printed on or attached to each Bond. Bond counsel has not been engaged to participate in the preparation or review of, or express any opinion concerning the completeness or accuracy of, any official statement or other disclosure documentation used in connection with the offer or sale of the Bonds by any person, and bond counsel's opinion shall so state. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring,the City's compliance with any federal law or regulations to maintain the tax-exempt status of the interest on the Bonds. Section 13. Delivery of Bonds; Temporary Bonds. The proper City officials, including, but not limited to, the City Finance and Information Services Administrator, are authorized and directed to execute and/or approve, as appropriate, all documents, including but not limited to, the final Official Statement pertaining to the Bonds and the commitment from the Bond Insurer for the issuance of an insurance policy for the Bonds, and to do everything necessary for the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and the printing, execution and prompt delivery of the Bonds to the Purchaser and for the proper application and use of the proceeds of the sale thereof. If definitive Bonds are not ready for delivery by the date established for closing(the "Closing"), the City Finance and Information Services Administrator, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bond or Bonds shall be entitled and subject to the same benefits and provisions of this Ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owners thereof for definitive Bonds when the latter are ready for delivery. Section 14. Establishment of Bond Fund and Project Fund; Application of Bond Proceeds. There is hereby created and established in the office of the City Finance and -.0111 f:\renton\tgo 2006 8 1St DRAFT 5/26/06 For Discussion Purposes Only Information Services Administrator a special fund to be designated as the"Limited Tax General N.400, Obligation Bond Fund, 2006"(the "Bond Fund"). The accrued interest on the Bonds, if any, received by the City upon the sale of the Bonds shall be deposited into the Bond Fund and shall be applied to the payment of interest coming due on the Bonds. The remaining proceeds of the sale of the Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Purchaser on behalf of the City and less[plus] the net original issue discount[premium], shall be deposited, upon receipt,to the "South Lake Washington Infrastructure Project Fund"(the "Project Fund"), established in the office of the City Finance and Information Services Administrator, to pay part of the costs of the Project. Except as provided by the Code and Section 15 of this Ordinance, the interest and profits derived from the investment of Bond proceeds shall be deposited in the Project Fund and applied as described in the preceding paragraph. Except as provided by the Code and Section 15 of this Ordinance, if any money allocable to the Bond proceeds remains in the Project Fund after payment of all the costs of the Project or after termination of the Project by the City, such money shall be transferred to the Bond Fund and applied to the payment of the principal of and interest on the Bonds. Pending application as described in this Section 14 and subject to the requirements of the Code and Section 15 of this Ordinance, money allocable to the Bond proceeds in the Project Fund may be temporarily deposited in such institutions or invested in such investments as may be lawful for the investment of City funds. Section 15. Tax-Exemption Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exclusion of the interest on the Bonds from the gross income for purposes of federal income taxation, and will take or require to be taken such acts as may be permitted by Washington law and as may from time to time be required under applicable law to continue the exclusion of the interest on the Bonds from the gross income for purposes of federal income taxation. Without limiting the generality of the foregoing, the City will not invest or make or permit any use of the proceeds of the Bonds or of its other money at any time during the term of the Bonds which would cause the Bonds to be"arbitrage bonds"within the meaning of Section 148 of the Code. The City covenants that it shall calculate or cause to be calculated, and shall rebate to the United States, all earnings from the investment of Bond proceeds that are in excess of the amount that would have been earned had the yield on such investments been equal to the yield on the Bonds,plus income derived from such excess earnings,to the extent and in the manner required by Section 148 of the Code. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer the arbitrage certifications of which may not be relied upon. Now f:\rentonUtgo 2006 9 1st DRAFT 5/26/06 For Discussion Purposes Only The City will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this Ordinance which would cause any Bond to be treated as a"private activity bond"(as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a)of the Code, unless the tax exemption thereof is not affected. Section 16. Preliminary Official Statement Declaration. The City has been provided with copies of a preliminary official statement dated , 2006, (the"Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b)(1),the City"deems final"the Preliminary Official Statement, as of its date, except for the omission of information on offering prices, interest rates, selling compensation, delivery dates, ratings, other terms of the Bonds dependent on such matters. Section 17. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection(b)(5)(i)of the Rule 15c2-12 (the"Rule")of the United States Securities and Exchange Commission(the"SEC"). The City hereby agrees to provide or cause to be provided to each then existing NRMSIR, to the SID, if one is created, and to the Bond Insurer the following annual financial information and operating data(collectively, the"Annual Financial Information") for each prior fiscal year, commencing with the fiscal year ending December 31,2006, on or before the last day of the seventh month following the end of such prior fiscal year: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by State law;which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City,they will be provided (the "Annual Financial Statements"); (b) The assessed valuation of taxable property in the City; (c) Ad valorem taxes due and the percentages of taxes collected; (d) Property tax levy rates per$1,000 assessed valuation; (e) A statement of authorized, issued and outstanding general obligation indebtedness of the City; and (f) A narrative explanation of the reasons for any amendments to this Section 17 made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. In its provision of such financial information and operating data, the City may cross- reference to any "final official statement" (as defined in the Rule) available from the Municipal f:\renton\]tgo 2006 10 1st DRAFT 5/26/06 For Discussion Purposes Only Securities Rulemaking Board (the"MSRB") documents theretofore provided to each Nino, existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR,to the SID, if one is created, and to the Bond Insurer. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR and to the Bond Insurer, notice of any of the following events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modification to rights of the Owners of the Bonds; 8. Optional redemptions of the Bonds; 9. Defeasances of the Bonds; 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the seventh month following the end of such prior fiscal year. After the issuance of the Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City(including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no-action letter"issued by the SEC,this Section 17 may only be amended in %I.,,,„ connection with any change in legal requirements, change in law, or change in the identity, f:\renton\Itgo 2006 11 1st DRAFT 5/26/06 For Discussion Purposes Only nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance,prior redemption or payment in full of all of the then outstanding Bonds. This Section 17 or any provision hereof, shall be null and void if the City(i)obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this Section 17 or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and(ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section 17 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 17, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this Ordinance. The City Finance and Information Services Administrator is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section 17. Section 18. Contract; Severability. The covenants contained in this Ordinance shall constitute a contract between the City and the Owners of each and every Bond. The City unconditionally covenants that it will keep and perform all of the covenants of the Bonds and this Ordinance. If any one or more of the provisions of this Ordinance shall be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining provisions of this Ordinance or the Bonds, and this Ordinance and the Bonds shall be construed and enforced as if such unconstitutional or invalid provision had not been contained herein. f:\renton\ltgo 2006 12 1st DRAFT 5/26/06 For Discussion Purposes Only Section 19. Effective Date. This Ordinance shall take effect and be in force five days „"w from and after its passage and publication as provided by law. PASSED by the City Council this day of , 2006. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker,Mayor Approved as to Form: Bond Counsel Date of Publication: (Summary) f:\renton\tgo 2006 13