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HomeMy WebLinkAboutCouncil 12/06/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING December 6, 2004 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Free Enterprise Month - December, 2004 4. PUBLIC MEETINGS WITH THE INITIATOR: a. Wedgewood Lane Annexation - Revised 10% Notice of Intent to annex petition for 25.63 acres located in the vicinity of 144th Ave. SE, SE 115th St., and 148th Ave. SE. b. Falk II Annexation - 10% Notice of Intent to annex petition for 6.29 acres located in the vicinity of 102nd Ave. SE and S. 50th St. 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmenibers 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 November 22, 2004. Council concur. b. City Clerk reports that all conditions have been satisfied, as set by Council on 10/6/2003 and 4/19/2004, and recommends adoption of an ordinance to finalize the Savren Service Corporation vacation of a portion of an alley running north to south, south of S. 2nd St. and between Williams and Wells Avenues S. (VAC-03-002). Council concur. (See 10.a. for ordinance.) c. City Clerk reports no further compensation due, as set by Council on 9/20/2004, and recommends adoption of an ordinance to finalize the Kennydale Elementary School vacation of a portion of an unimproved alley located east of I-405, west of Kennewick Pl. NE, and south of NE 30th St. (VAC-04-003). Council concur. (See 10.b. for ordinance.) d. Court Case filed by Robert B. Beckerman, 216 1st Ave. S., Suite 200, Seattle, 98104, on behalf of Skyway Towing and Recovery, Inc., alleging that the City wrongfully terminated a towing agreement, effective 12/15/2003, resulting in loss of income for Skyway Towing in an amount of at least $100,000. Refer to City Attorney and Insurance Services. e. Community Services Department recommends approval of a three-year lease and caretaker agreement with Vision House for a City -owned house on the Edlund Property at 10130 SE Carr Rd. in the annual amount of one dollar. Refer to Finance Committee. f. Economic Development, Neighborhoods and Strategic Planning Department submits 10% Notice of Intent to annex petition for the proposed Lindberg Annexation, and recommends a public meeting be set on 12/20/2004 to consider the petition; 10.11 acres located east of 138th Ave. SE and north of SE 132nd St. Council concur. (CONTINUED ON REVERSE SIDE) g. Economic Development, Neighborhoods and Strategic Planning Department submits 60% Notice of Intent to annex petition for the proposed Park Terrace Annexation, and recommends a public hearing be set on 12/20/2004 to consider the petition and future zoning; 7.65 acres located south of NE 8th St. and east of Duvall Ave. NE. Council concur. h. Finance and Information Services Department submits proposed 2004 Year -End Budget Adjustments ordinance in the total amount of $13,213,500. Refer to Finance Committee. i. Finance and Information Services Department recommends approval of an interlocal agreement with various cities regarding payment and supervision of sales tax sourcing lobbyist services with the goal of obtaining mitigation of the impacts of sales tax streamlining. Council concur. (See 10.a. for resolution.) j. Police Department recommends approval of a contract with Occupational Health Services (Public Hospital District No. 1 of King County) in the amount of $158,462 for health services for Renton jail inmates for 2005. Council concur. k. Police Department recommends approval of a second amendment to CAG-02-099, the Yakima County jail services contract with 34 King County cities, which reduces the financial obligation of all the cities and clarifies responsibilities regarding billing and payment. Amount budgeted is $473,000. Council concur. (See 10.b. for resolution.) 1. Utility Systems Division recommends approval of an ordinance revising policies by which the City allows connection to its sanitary sewer service by property owners outside the current City limits. Refer to Utilities Committee. 8. CORRESPONDENCE E-mail from Darla Casebolt, 215 Pelly Ave. N., Renton, 98055, suggesting the implementation of coin -return kiosks as a way to address shopping cart abandonment, rather than fining stores. 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: 2005 Budget Ordinances*; 2005 Legislative Priorities b. Committee on Committees: 2005 Council Committee Assignments c. Transportation (Aviation) Committee: Strander Blvd./SW 27th St. Connection Supplemental Agreement; WSDOT Grant Agreement for Maple Valley Hwy. Phase 1 Improvements* 10. RESOLUTIONS AND ORDINANCES Resolutions: a. Interlocal agreement re: sales tax sourcing lobbyist services (see Ti.) b. Yakima County jail services agreement amendment (see 71.) c. WSDOT grant agreement for Maple Valley Hwy. improvements (see 9.c.) d. Renton jail booking services interlocal agreements (Council approved 11/15/2004) Ordinances for first reading: a. Vacation of portion of alley between S. 2nd St., Williams Ave. S. & Wells Ave. S.; Savren Service Corporation (see 7.b.) b. Vacation of portion of alley between I-405, Kennewick Pl. NE & NE 30th St.; Kennydale Elementary School (see 7.c.) c. 2005 annual City of Renton Budget (see 9.a.) d. Establishing property tax levy for 2005 (see 9.a.) e. Storm & surface water drainage, water, and sewer rates (see 9.a.) f. 2005 Community Center fitness activities rates (see 9.a.) g. 2005 park picnic shelter fees (see 9.a.) h. Photostatic copies, audio/video recordings, business license lists, & facsimiles fees (see 9.a.) i. City Center Parking garage rates (see 9.a.) j. 2005 Community Center and Senior Activity Center rental rates (see 9.a.) k. 2005 Carco Theatre rental rates (see 9.a.) 1. Establishing Renton jail booking fee (see 9.a.) (CONTINUED ON NEXT PAGE) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 6:00 p.m. Emerging Issues Council Chambers Approximately 6:30 p.m. 2005 Budget Deliberations; Pavilion Building Update; 2005 Legislative Priorities • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM I RENTON CITY COUNCIL Regular Meeting December 6, 2004 Council Chambers Monday, 7:34 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; MARCIE PALMER; TERRI BRIERE; COUNCILMEMBERS DENIS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; MIKE WEBBY, Human Resources Administrator; VICTORIA RUNKLE, Finance and Information Services Administrator; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring the month of Free Enterprise Month - December, 2004, to be "Free Enterprise Month" in the City of Renton, December, 2004 encouraging all citizens to value the principles of freedom and free enterprise which allows entrepreneurs to freely operate a business for profit in the country's competitive economy. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL. CONCUR IN THE PROCLAMATION AS READ. CARRIED. PUBLIC MEETINGS This being the date set and proper notices having been posted and published in Annexation: Wedgewood accordance with local and State laws, Mayor Keolker-Wheeler opened the Lane, 144th Ave SE & SE public meeting to consider the revised 10% Notice of Intent petition for the 115th St proposed Wedgewood Lane Annexation, consisting of 25.63 acres bounded on the north by SE 115th St., if extended; on the south by approximately SE 121st St., if extended; on the east, south of SE 117th St. by Honey Creek, and north of SE 117th St. by 148th Ave. SE. Don Erickson, Senior Planner, explained that Council considered the 10% Notice of Intent petition on 10/4/2004, and at that time Council authorized expansion of the boundaries, adding eleven properties to the north and east. The annexation area contains approximately 20 single-family dwellings, and slopes down from the northwest and northeast corners towards Honey Creek at a 10% to 15% slope. Wetlands exist near the southern and eastern edges of the site, and Honey Creek and its wetlands buffers comprise 20% of the site. Mr. Erickson stated that public services are provided by Fire District #10, Water District #90, Renton sewer, and the Issaquah School District. Continuing, Mr. Erickson reported that current King County zoning is R-4 (four dwelling units per gross acre). Renton's Comprehensive Plan designates this area as Residential Low Density, for which R-4 (four dwelling units per net acre) zoning is proposed. He stated that the fiscal impact analysis indicates a surplus of $8,640 at full development, and an estimated one-time parks acquisition and development cost of $52,188. In conclusion, Mr. Erickson reported that the revised annexation proposal serves the best interests and general welfare of the City, and is consistent with December 6, 2004 Renton City Council Minutes Page 427 T City policies. He noted some potential flooding in the area, and suggested mitigation with future development. Public comment was invited. Patrick Gilroy, 1560 140th Ave. NE, #100, Bellevue, 98005, submitted an additional petition and requested the addition of five parcels to the annexation area. The subject parcels are located to the immediate north of the existing annexation boundaries. Additionally, Mr. Gilroy suggested that Council consider notifying property owners within 300 feet of the annexation area at the initial stage of the annexation process. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ACCEPT THE WEDGEWOOD LANE 10% NOTICE OF INTENT TO ANNEX PETITION, AND AUTHORIZE CIRCULATION OF THE 60% DIRECT PETITION SUBJECT TO: EXPANDING THE ANNEXATION SITE NORTH TO INCLUDE THE FIVE PARCELS IMMEDIATELY NORTH OF THE SITE (SOUTH OF HONEY CREEK ESTATES) BETWEEN SE 144TH AVE., IF EXTENDED, AND SE 148TH AVE.; ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN'S RESIDENTIAL LOW DENSITY LAND USE DESIGNATION; AND REQUIRING THAT PROPERTY OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S EXISTING OUTSTANDING INDEBTEDNESS. CARRIED. Annexation: Falk II, 102nd This being the date set and proper notices having been posted and published in Ave SE & S 50th St accordance with local and State laws, Mayor Keolker-Wheeler opened the public meeting to consider the 10% Notice of Intent petition for the proposed 6.29-acre Falk II Annexation, bounded on the north and west by existing City limits, on the east by the western edge of 102nd Ave. SE right-of-way, and on the south by S. 50th St. Don Erickson, Senior Planner, reported that the annexation site is located immediately south of the 2003 Falk I Annexation, and contains five single- family dwellings. The topography is essentially flat on the eastern two-thirds of the site, with steeper slopes on the western one-third of the site. In regards to the public services, he stated that Fire District #40, Soos Creek Water and Sewer District, and the Renton School District serve the area. Mr. Erickson noted that roadway and stormwater improvements are likely in the future. Mr. Erickson explained that existing King County zoning is R-4 (four dwelling units per gross acre), and Renton's Comprehensive Plan designates the site as Residential Single Family, for which R-8 (eight dwelling units per net acre) is recommended. Reviewing the fiscal impact analysis, he noted the annual estimated surplus of $3,851 at full development, and the estimated one-time park acquisition and improvements cost of $22,381. Concluding, Mr. Erickson said the proposed annexation is consistent with Renton policies and Boundary Review Board criteria, and he recommended that the area be modified to include the abutting 102nd Ave. SE right-of-way. Public comment was invited. There being none, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. December 6, 2004 Renton City Council Minutes Page 428 MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL: ACCEPT THE FALK II 10% NOTICE OF INTENT TO ANNEX PETITION, INCLUDING THE ABUTTING 102ND AVE. SE RIGHT-OF-WAY; AND AUTHORIZE CIRCULATION OF THE 60% DIRECT PETITION TO ANNEX SUBJECT TO PROPERTY OWNERS SUPPORTING THE ADOPTION OF FUTURE CITY ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN DESIGNATION, AND PROPERTY OWNERS ASSUMING A PROPORTIONAL SHARE OF THE CITY'S EXISTING OUTSTANDING INDEBTEDNESS. 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 2004 and beyond. Items noted included: • The Renton City Concert Band's Holiday Concert will be held at the IKEA Performing Arts Center on December 9th at 7:30 p.m. The Renton Youth Symphony Orchestra's Holiday Concert will be held at Carco Theatre on December 19th at 3:00 p.m. • The City received a federal "earmark" grant of $750,000 for the SW 27th St. and Strander Blvd. project. • The Police Department was granted re -accredited status on December 4th by the Commission on Accreditation for Law Enforcement Agencies. Legislature: 2005 Council Alex Pietsch, Economic Development Administrator, presented a report on Legislative Priorities Renton's 2005 legislative priorities. He explained that the basic legislative premises for the priorities include local flexibility, opposition to unfunded mandates, opposition to the increase of municipal fees to fund State regulatory activities, and the maintenance of local control such as in the areas of rights -of - way management, land use, and taxation. Mr. Pietsch reviewed the major issues as follows:, Capital Budget. Pursue a $5 million line item request for stormwater and utility infrastructure upgrades associated with the Boeing surplus property redevelopment. Municipal Finance. Support standardization and streamlining of sales tax definitions that leads to sales tax on catalog and Internet sales. Oppose the changes in local sales tax sourcing rules that are not fully mitigated. Transportation. Seek new sources of local funding, funding for freight mobility, funding for I405 expansion, Regional Transportation Improvement District modifications, High Occupancy Toll lanes, and maintaining a seat on Puget Sound Regional Council. Economic Development Tools. Support innovative tax incentives such as establishing a new State fund to help address infrastructure and capital costs for qualified projects. Land Use. Includes zoning authority over gambling institutions, annexation tools, and Growth Management Act related issues. Water Rights: Includes expediting well replacements and relocations, instream flow protection, and City assumptions of water/sewer districts. December 6, 2004 Renton City Council Minutes Page 429 Law & Justice. Includes Municipal Court funding, Driving While License Suspended penalties, separate licensing for nightclubs, photo -radar authority, and DNA data collection. Liability Reform. Includes joint and several liability, reference checks, and public duty doctrine. Other Funding Needs. Includes affordable housing, human and social services, public health, and parks. Mr. Pietsch recommended that Council authorize the Administration to lobby these issues and initiatives on Council's behalf. He assured that Council will be provided with updates during the 2005 Session of the State Legislature. Council President Persson suggested the addition of a legislative priority regarding residential speed limits. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL ADOPT THE 2005 LEGISLATIVE PRIORITIES AS PRESENTED WITH THE ADDITION OF A PRIORITY TO OBTAIN LOCAL AUTHORITY TO SET SPEED LIMITS AT LESS THAN 25 MILES -PER -HOUR ON RESIDENTIAL STREETS. CARRIED. 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 November 22, 2004. Council concur. November 22, 2004 Vacation: Alley between City Clerk reported that all conditions have been satisfied, as set by Council on Williams & Wells Aves S, 10/6/2003 and 4/19/2004, and recommended adoption of an ordinance to Savren Service Corp, VAC-03- finalize the Savren Service Corporation vacation of a portion of an alley 002 running north to south, south of S. 2nd St. and between Williams and Wells Avenues S. (VAC-03-002). Council concur. (See page 432 for ordinance.) Vacation: Alley, NE 30th St & City Clerk reported no further compensation due, as set by Council on Kennewick PI NE, Renton 9/20/2004, and recommended adoption of an ordinance to finalize the School District, VAC-04-003 Kennydale Elementary School vacation of a portion of an unimproved alley located east of 1-405, west of Kennewick Pl. NE, and south of NE 30th St. (VAC-04-003). Council concur. (See page 432 for ordinance.) Court Case: Skyway Towing Court Case filed by Robert B. Beckerman, 216 1st Ave. S., Suite 200, Seattle, & Recovery, CRT-04-007 98104, on behalf of Skyway Towing and Recovery, Inc., alleging that the City wrongfully terminated a towing agreement, effective 12/15/2003, resulting in loss of income for Skyway Towing in an amount of at least $100,000. Refer to City Attorney and Insurance Services. Community Services: Edlund Community Services Department recommended approval of a three-year lease Property Lease & Caretaker and caretaker agreement with Vision House for a City -owned house on the Agreement, Vision House Edlund property at 10130 SE Carr Rd. in the annual amount of one dollar. Refer to Finance Committee. Annexation: Lindberg, 138th Economic Development, Neighborhoods and Strategic Planning Department Ave SE & SE 132nd St submitted 10% Notice of Intent to annex petition for the proposed Lindberg Annexation, and recommended a public meeting be set on 12/20/2004 to consider the petition; 10.11 acres located east of 138th Ave. SE and north of SE 132nd St. Council concur. December 6, 2004 Renton City Council Minutes Page 430 Annexation: Park Terrace, NE Economic Development, Neighborhoods and Strategic Planning Department 8th St & Duvall Ave NE submitted 60% Notice of Intent to annex petition for the proposed Park Terrace Annexation, and recommended a public hearing be set on 12/20/2004 to consider the petition and future zoning; 7.65 acres located south of NE 8th St. and east of Duvall Ave. NE. Council concur. Finance: 2004 Budget Year- Finance and Information Services Department submitted proposed 2004 Year - End Adjustments End Budget Adjustments ordinance in the total amount of $13,213,500. Refer to Finance Committee. Finance: Sales Tax Sourcing Finance and Information Services Department recommended approval of an Lobbyist Services (Sales Tax interlocal agreement with the City of Kent and other cities regarding payment Streamlining), City of Kent and supervision of sales tax sourcing lobbyist services with the goal of obtaining mitigation of the impacts of sales tax streamlining. Council concur. (See page 432 for resolution.) Police: Jail Inmate Health Police Department recommended approval of a contract with Occupational Services, Occupational Health Health Services (Public Hospital District No. 1 of King County) in the amount Services of $158,462 for health services for Renton jail inmates for 2005. Council concur. CAG: 02-099, Yakima County Police Department recommended approval of a second amendment to the Jail Services, King County Yakima County jail services contract with 34 King County cities (CAG-02- Cities 099), which reduces the financial obligation of all the cities and clarifies responsibilities regarding billing and payment. Council concur. (See page 432 for resolution.) Utility: Sewer Service Utility Systems Division recommended approval of an ordinance revising Connection Outside City policies by which the City allows connection to its sanitary sewer service by Limits, City Code Amend property owners outside the current City limits. Refer to Utilities Committee. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Darla Casebolt, 215 Pelly Ave. N., Renton, Citizen Comment: Casebolt - 98055, suggesting the implementation of coin -return kiosks as a way to address Shopping Cart Abandonment shopping cart abandonment, rather than fining stores. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Committee Chair Palmer presented a report Transportation (Aviation) recommending concurrence in the staff recommendation to accept federal Committee Surface Transportation Program/Urban Countywide grant funding in the Transportation: Maple Valley amount of $392,947 for construction of the Maple Valley Hwy (SR-169) HOV Hwy Phase I Improvements, (high occupancy vehicle) Lanes and Queue Jump Improvements Project, Phase WSDOT Grant I. This work will consist of roadway and pedestrian improvements on SR-169 in the vicinity of the I-405 on and off ramps. The Committee further recommended that the resolution authorizing the Mayor and City Clerk to enter into the agreement with Washington State Department of Transportation regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 432 for resolution.) December 6, 2004 Renton City Council Minutes Page 431 CAG: 03-033, Strander Blvd Transportation (Aviation) Committee Chair Palmer presented a report Extension Design, Perteet recommending concurrence in the staff recommendation that $197,437 be Engineering transferred to the Strander Blvd. and SW 27th St. Connection Project to a complete the full design for a portion of this roadway by transferring $138,000 from the Benson Rd. and S. 31st St. Traffic Signal Project and $59,437 from the Transit Priority Signal Project. The Committee further recommended that Council authorize the Mayor and City Clerk to execute Supplemental Agreement No. 1 to CAG-03-033 with Perteet Engineering, Inc., for additional preliminary engineering services in the amount of $197,437. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Committee on Committees Council President-elect Briere presented a Committee on Committees report Council: 2005 Committee recommending the following Council committee chairmanships and committee Assignments assignments for 2005: Community Services Committee: Toni Nelson, Chair; Dan Clawson, Vice Chair; Don Persson, Member. Finance Committee: Don Persson, Chair; Toni Nelson, Vice Chair; Denis Law, Member. Planning and Development Committee: Dan Clawson, Chair; Denis Law, Vice Chair; Marcie Palmer, Member. Public Safety Committee: Denis Law, Chair; Randy Corman, Vice Chair; Toni Nelson, Member. Transportation (Aviation) Committee: Marcie Palmer, Chair; Don Persson, Vice Chair; Randy Corman, Member. Utilities Committee: Randy Corman, Chair; Marcie Palmer, Vice Chair; Dan Clawson, Member. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Briere presented a report Committee regarding the R-1 zone community separators. The Committee reviewed staff Planning: R-1 Zone analysis and the recommendation of the Planning Commission on the R-1 zone Community Separators cluster and open space requirements in the City's designated Urban Separators. The Planning Commission recommended that clustered development be required and that a mandatory 50% open space tract be established to meet Urban Separator policies. The Committee concurred with this recommendation and further recommended that staff develop an ordinance that provides equivalent or better implementation of the Urban Separator than currently set forth in the King County code. The Committee further recommended that the implementation of Urban Separators include a mechanism to grant a density bonus up to the maximum density presently allowed by the King County code, provision of utilities, including sewer connections to parcels, and/or consideration of a means to achieve a connected and contiguous open space corridor within the Urban Separator. Further review should consider issues such as fencing requirements, the location of the open space corridor within a parcel, and the threshold for establishing the open space tract on individual parcels. This item will remain in December 6, 2004 Renton City Council Minutes Page 432 Committee for further review and recommendation on these implementation issues. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3723 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Sales Tax Sourcing interlocal agreement with the City of Kent for payment and supervision of sales Lobbyist Services (Sales Tax tax sourcing lobbyist services. MOVED BY LAW, SECONDED BY Streamlining), City of Kent CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3724 A resolution was read authorizing the Mayor and City Clerk to enter into an CAG: 02-099, Yakima County interlocal agreement amending certain terms of prior interlocal agreements Jail Services, King County between the City of Renton and Yakima County regarding the housing of Cities inmates in Yakima County jail facilities. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3725 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Maple Valley interlocal agreement between the City and the Washington State Department of Hwy Phase I Improvements, Transportation for funding of construction of the Maple Valley Hwy. (SR-169) WSDOT Grant HOV Lanes and Queue Jump Improvements. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3726 A resolution was read authorizing the Mayor and City Clerk to enter into Police: Jail Booking Services interlocal agreements with government agencies for the City of Renton to Interlocal Agreements provide jail booking services on a space -available basis. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS. READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 12/13/2004 for second and final reading: Vacation: Alley between An ordinance was read vacating a portion of the alley running north to south, Williams & Wells Aves S, south of S. 2nd St. between Williams Avenue S. to the west and Wells Ave. S. Savren Service Corp, VAC-03- to the east (Savren Service Corporation; VAC-03-002). MOVED BY BRIERE, 002 SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/13/2004. CARRIED. Vacation: Alley, NE 30th St & An ordinance was read vacating a portion of the unimproved alley located south Kennewick PI NE, Renton of NE 30th St., west of Kennewick Pl. NE, and north of the abandoned Pacific School District, VAC-04-003 Coast Railroad right-of-way (Kennydale Elementary School - Renton School District; VAC-04-003). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/13/2004. CARRIED. NEW BUSINESS Discussion ensued regarding budget priorities related to the Heather Downs Budget: Priorities (Heather park development, the Parks Maintenance Facility replacement, and the Downs Park, Park RENSTAT and REACT programs. Maintenance Facility, Issues and concerns raised included the assumption that Heather Downs was RENSTAT & REACT) Council's first priority; the lack of property for the Parks Maintenance Facility; Heather Downs area residents' expectation for a park; the suggestion to set money aside but postpone decision until March 2005 on whether to use money for Heather Downs or Parks Maintenance Facility; lack of information about the Parks Maintenance Facility; the delay of Heather Downs park development December 6, 2004 Renton City Council Minutes Page 433 if the funding decision is postponed; future budget cuts and the maintenance and operation of City parks; the priority level of the RENSTAT and REACT programs and funding cuts to the programs; and capital expenditures versus on- going personnel expenditures. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:50 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann December 6, 2004 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR J Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING December 6, 2004 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 12/13 Emerging Issues (Persson) 6:00 p.m. *Council Conference Room COMMUNITY SERVICES (Nelson) FINANCE (Corman) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) Approximately Rainier Corridor Study Update Briefing; 6:30 p.m. Pavilion Building Update *Council Chambers* MON., 12/13 Teen Center 4:30 p.m. MON., 12/13 Vouchers; 5:00 p.m. 2004 Year -End Budget Adjustments Ordinance; 2004 Position Reclassifications; Edlund Property House Lease by Vision House NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON Mayor Kathy Keolker-Wheeler Nn4AP166A A W hewea4, DECA, an association of marketing students, seeks to develop future leaders in Marketing, Management, and Entrepreneurship; and Wl-wreak; our nation was founded on the principles of freedom and free enterprise; and W hereauy, free enterprise consists of a market which is based on the demand of consumers and the supply of producers; and W hexecw, entrepreneurs organize, manage, and assume the risks of the various businesses and enterprises, which fuel our market economy; and W he re.a, , free enterprise allows entrepreneurs to freely operate a business for profit in our country's competitive economy; and W heweCW, DECA chapters are thriving nationwide and seek to teach the principles of a free enterprise economy; NO-W, The re fo-ile, I, Kathy Keolker-Wheeler, Mayor of the City of Renton, do hereby proclaim December 2004 to be Fre�. �vLt-e,�pv�i� Mlc-v�tly 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 6th day of December, 2004. 7at4hyolker-Wheeler Mayor of the City of Renton, Washington 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) 430-6523 RENTO AHEAD OF THE CURVE 4T WEDGEWOOD LANE — REVISED ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF PROPOSED ANNEXATION WITH R-4 ZONING December 6, 2004 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed annexation area representing a majority of the 25.63-acre area's assessed valuation (see map on back of handout). The subject site is within the City's East Renton Plateau Potential Annexation Area and is designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. This site currently has the County's R-4 zoning and there are 20 dwelling units on it. This zoning would allow up to 44 units and unlike the County zoning which allows both attached and detached units, these would all be detached single-family dwelling units. Under RCW 35A.14.120 direct petitions to annex are initiated by property owners representing at least 10% of the annexation area's assessed value. King County has certified that there are signatures representing at least 10% of the area's assessed value. Council is required to hold tonight's public meeting in order to decide whether the City will accept, reject or geographically modify the proposed annexation. If the Council decides to accept the 10% Notice of Intent Petition, it may: 1. Authorize the circulation of a 60% Direct Petition to Annex; 2. Decide whether to require the simultaneous adoption of zoning upon annexation consistent with the Comprehensive Plan Land Use Map; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. Recommendation: The Administration is recommending that Council accept the 10% Notice of Intent petition for this expanded annexation area and authorize circulation of a 60% Direct Petition to Annex subject to property owners within the annexation area agreeing to support R-4, four units per net acre, zoning and agreeing to pay their proportionate share of the City's existing indebtedness. Council Hearing Handout 12-22-03.doc\ j v B � � Cq R "'� _ . '�aa� ■ � ���' CI4'YI fir, I 1r . •i.'_ ' ' �e id. (A �^!+• r:se;= _ I' ��iiPe' •+-' `U � R 1 ■ =1; au ,7�:a II��, r: � : Ili:. r^. c c p � z 0. cJ �•� —o-� =aS G 3a m 0 DaCt),C- o ai = ob o �' bA a X " o c a3 C C rJ N a a C N _ QI Cn O Tw - cam X ca > al c �. 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F:, �^ u a a^^ O aJ O ✓.0 C) O N Q f Q U y �0 1-r co /1 C v U U �OCR U U O a ti a U ri to — r 3 cor _ o a o c.y _ p O O wI I I c I (A N O y z 0' u Cn Q F 'r Ix m Ix w LI-. _ n � � \ \\ � - = - ; > C. > r\ � December 6, 2004 CITY OF RENTON DEC 0 6 2004 RECEIVED CITY CLERKS OFFICE City Clerk 71h Floor — Renton City Hall 1055 S Grady Way Renton, WA 98055 RE: PETITION TO JOIN WEDGEWOOD LANE ANNEXATION To Whom It May Concern: We, the undersigned, who represent the owners of the parcels shown on the attached map, wish to be added to the Wedgewood Lane Annexation petition. Respectfully Submitted, [SEE SIGNATURE PAGE, ATTACHED] WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Jq r gyp. %r,E,n, /�! Xfl,r°� t�r4 Cf ��305� 1 2. gro5y 4. ./av,k F65-1- jZQ,,,-6,% t✓,A 9goS9 1 c23pSY.Zsb,3 //5l6 S 1q6 s,,'ft'fAe S� 5. jCZ- fie= �lA 6. 7-3 OS qL ,r 7. 8. 9. lo. Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10% Notice of Intent (rev's).doc\DE 04/19/04 PO-6 pg*a AVP IvAj 70 wEaipcw1.r+tir Aix, ESNT S.E.113TH. ST. 7e.91 ._ _... -961.065.8 29 2717 Ofl 35 M03M 70 A00^C 0.24OZ` 00 37 01 3 1.3 115.1 AC 38 d 28 M80 5 28 \ OwR ' 0370 z < 0260 :03.52 Ill 1 1 119 p6 i 65 S O 70 e5 m m S.E.113TH t - n 0.69 ACV /00 I= mREE ' 125 , VOL 70-52 30 7 0080 _ jt-AA-p6 ;NNs S.E. 114TH PL h -� ¢) 21077 SF 14313 SF 11070 S N e9 N 88-13-07 W 265. 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" 51 9366 55 .50 AC;113009.91I ,c 142 112 112 112 1B3 ]2 U 539-f5-53E 8: 9 53 56 ;50 SJ5t - KCSP L02S0010 1323.44 Sc1t0TH ST 20040817900010 eso69so7e9-3o' I - _ �l N 87-3_-55 F e506050790-30' "-M--'- ol v 100 100 100 +''(mi"R),_+ FALK II ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF PROPOSED ANNEXATION WITH R-8 ZONING December 6, 2004 The City is in receipt of a Notice of Intent to Commence Annexation Proceedings Petition from property owners in the proposed annexation area representing at least ten percent of the 6.29-acre area's assessed valuation (see map on back of handout). The subject site is within the City's Potential Annexation Area and is designated Residential Single Family (RS) on the City's Comprehensive Plan Land Use Map. The site currently is zoned R-1 under the County's zoning but is scheduled to be up zoned consistent with their new Comprehensive Plan land use designation for the area west of 102nd Avenue SE. The site currently has five detached dwelling units on it and under Renton's Comprehensive Plan land use designation would be zoned R-8 if it eventually is brought into the City. With such zoing it could support 40 single-family detached dwellings with an estimated future population of up to 100 persons. Under RCW 35.A.14.120 direct petitions to annex are initiated by property owners representing at least 10% of the annexations area's assessed value. King County has certified that there are signatures representing at least 10% of the area's assessed value. Council is required to hold tonight's public meeting in order to decide whether the City will accept, reject or geographically modify the proposed annexation as submitted. The Administration, for example, is recommending that the annexation be expanded to include the 102nd Avenue SE right-of-way adjacent and immediately east of the proposed site. If the Council decides to accept the 10% Notice of Intent Petition, it may: 1. Authorize the circulation of a 60% Direct Petition to Annex; 2. Decide whether to require the simultaneous adoption of zoning upon annexation consistent with the Comprehensive Plan Land Use Map designation; and, 3. Decide whether to require property owners with the annexation area to assume their fair share of the City's existing indebtedness. Recommendation: The Administration is recommending that Council accept the 10% Notice of Intent petition for the Falk II Annexation and expand it to include the adjacent 102nd Avenue SE street right-of- way. It is also recommending that Council authorize circulation of a 60% Direct Petition to Annex subject to property owners with the annexation area agreeing to support R-8, eight units per net acre, zoning and agreeing to pay their proportionate share of the City's existing indebtedness. Council Hearing Handout 12-06-04.doc\ pOOZ `9 daquraiaQ uoi�i�ad �ua�uI jo a�i1oN %0 i i?uljo;)jN oiiQnd uoill3xouuv II jjvj Existing Conditions • PAA -Within Renton's Potential Annexation Area • Location - west side of 102nd Avenue SE and south of SE 185th Place, if extended • Size - 6.4 acres, including abutting 102nd Ave ROW • Uses - 5 single-family dwellings • Boundaries -site abuts Renton on its north, and west boundaries duW Xltu'OIA - j aini?i j UOTI-exouuv I Iiu3 £OOZ jo ulnos Xtal-eipauzLui palvool SUOITIPUOD i�ullslxq &W sa.znjonilS - Z o n5i3 arts aJOB 6Z'9 uo sainjonzIs 01111six3 anij soinjonjIS - suoilipuoD 5upsixq gS anuOAV pUZOI wozj alis jo iotuoo isuaulnos ju Isom i?uilooj m3lA - £ ajnOi3 !� � � j'ay}� ,!,. 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'x�/l58`£$+=7��d�I3a�I Palemizsg �enuud . axis uo urreutaj s2uiij3mp Z sauinssv — 000`00t$ Jo anion auzou mau P sauznssd luauzdojaAap tiny ju sauzou XjiLuuj-a#?uis rnau g� sauinssV — suotluoijdLui anuana.z pug IsoO pun, JUJOU31) . sisXpeuV jo-edwl 1posij Conclusi*on • Located within Renton's designated Potential Annexation Area • Generally consistent with City policies for annexation • Proposed R-8 zoning consistent with single-family land use policies • Relevant Boundary Review Board criteria met • Modest annual revenue surplus at full development • Except for parks no major service issues identified by reviewing staff • One-time parks acquisition/improvement cost ssaupajqapui 2uipuelsino 2ullsixa sf.Xlio ;)ql jo aiuus Imoiliodoid v awnssu of as.l�-BIlcus uoijuxauue ;)ql uigllm s mumo Xi i;Ddojd — `pu,c `uoij-uxauue uodn uoiloufisap dvW as fl pu-el uuId anisuaqaadwoD auj ujim lualsisuoa i?uiuoz X11D a.inTnj jo uoildop-c ;)ql lioddns of aafi?v Il-eus uoiTpxauuo auj uiglim siaumo Xljadoid — :suoisinoid Ouinnoiloj auk qjim xauuV ol uotlllad loa.liQ %09 ,e3o uoil,ejnozio auk azi.ioulnV . •XUm -Jo-Iufi.z IS anuanV puZOi futlinqu auk apnjoui oT axis uoiluxaum) auk fuix�ipocu uoppaa iumuI jo aoijoN %0 i auk idaooV . CITY OF RENTON MEMORANDUM DATE: December 6, 2004 TO: Don Persson, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: ADMINISTRATIVE/JUDICIAL/LEGAL SERVICES DEPARTMENT • The December 2004 edition of CitySource, the City's newsletter to citizens and businesses, was included in the December 15` issue of the Renton Reporter. This edition features information about the 2005 Renton Community Calendar; recent neighborhood matching -grant awards; holiday attractions and entertainment opportunities; Winter and Spring Recreation registration; weather -related impacts to garbage and recycling collection; fire prevention tips; November City Council highlights; and a calendar of upcoming events. CitySource is distributed to over 31,000 households and can also be found on the City's website through the Spotlight section under the press release option. • A free copy of the 2005 Renton Community Calendar was recently distributed to Renton residents as an insert in the December l' edition of the Renton Reporter. Funded by the City of Renton, Renton School District, Renton Technical College, and Valley Medical Center, the community calendar spotlights various public services. In addition, it includes information about activities in Renton, school and City holidays, facts about Renton, a detailed map, and useful phone numbers. Additional calendars are available at the following city facilities: City Hall Lobby, Renton Community Center, Renton Senior Activity Center, Renton Public Library, Highlands Library, Renton Historical Museum, and Maplewood Golf Course. COMMUNITY SERVICES DEPARTMENT • The Renton Senior Activity Center hosted its loth annual Thanksgiving Day celebration with a free dinner and plenty of activities for 250 senior citizens. City of Renton employees and more than 70 Renton Rotary Club members and their families volunteered for this event, again proving what tremendous volunteer support is available for city events. • Over 340 children participated in the Recreation Division's fall after -school programs. Offered at five school sites, activities included art, sports, cheer, and unicycle clubs. • Seventy-two youth basketball teams (approximately 775 children in P through 9"' grades) started their practices last week in schools and parks throughout the City, with the program running through March of next year. • There are hundreds of options offered for leisure, fitness, and fun through the Community Services Department this winter and coming spring. Recreation registration opens Tuesday, December 7"', for Renton residents and Thursday, December 9 h, for non-residents. Check out the classes and activities offered through the Community Services Department via Cyber SignUP on the City's website, www.ci.renton.wa.us, or through the Recreation Brochure. Administrative Report December 6, 2004 Page 2 • The Renton City Concert Band's Holiday Concert will be held at the IKEA Performing Arts Center on Thursday, December 9 h, at 7:30 p.m. The Renton Youth Symphony Orchestra's Holiday Concert will be held at Carco Theatre on Sunday, December 19'b, at 3:00 p.m. Tickets for both concerts can be purchased at the door. • The Annual Canine Candy Cane 5K Fun Run/Walk will be held at the Renton Community Center on Saturday, December I Ph, at 9:00 a.m. This event includes a photo with Santa, a pet food drive, awards, and a t-shirt. Participate with or without your pet! To register, call the Community Center at 425430-6700. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • We regretfully report that on Sunday, December 5`h, at approximately 12:30 p.m., there was an aircraft accident at the Renton Airport. The crash occurred on the east side of the airport between aircraft stalls on the Boeing leased area. The pilot, who was the sole occupant of the airplane, was fatally injured. There were no other injuries. A section of the Boeing blast fence behind the aircraft position sustained damage. The National Transportation Safety Board (NTSB) inspected the aircraft prior to airport staff removing it to a locked area. The airport was closed during the removal process. The NTSB investigation may take four to six weeks. • We have been informed that the City received a federal "earmark" grant of $750,000 for the SE 27th/Strander Boulevard project. Information received to date indicates that Congressman Adam Smith was instrumental in securing this grant, which consists of federal TEA-21 funding, and it is likely that other federal legislators representing our region also assisted in this effort. POLICE DEPARTMENT • On December 4`" at the winter conference of the Commission on Accreditation for Law Enforcement Agencies (CALEA) in Austin, Texas, the Renton Police Department was granted re -accredited status by the full commission. This was the result of an on -site assessment that occurred August 14-18, 2004, in which the police department was found to be in compliance with 446 of the highest policing standards in the nation. Additionally, the police department was designated "a CALEA Flagship Agency for having continually demonstrated excellence in commitment to the CALEA Accreditation Process and a willingness to share with others its accreditation success." First accredited by CALEA in November 1991, the police department is one of approximately 700 agencies nationwide and ten within the State of Washington to reach this level of excellence. �d i►�(S�Y i'tV>✓ )2j-forf, City of Renton 601IIllII0ft*C 2005 Legislative Priorities December 6, 2004 'SY � r.. FN7 Basic Premises • Local flexibility • Oppose unfunded mandates • Oppose the increase of municipal fees to fund state regulatory activities • Maintain local control (e.g. rights -of -way, land use and taxation) Municipal Finance • Sales Tax Streamlining — Support standardization and streamlining of sales tax definitions that leads to sales tax on catalog and internet sales • "Sourcing" (point of sale vs. point of delivery) — Oppose change without mitigation — Work with other cities to craft win/win legislation Legislative Districts • 11 th District (S. Renton, Talbot Hill, Valley) — Sen. Margarita Prentice (Ways & Means Chair) — Rep. Zack Hudgins — Rep. -elect Bob Hasagawa • 37th District (Downtown, Boeing Plant) — Sen. Adam Kline (Judiciary Chair) — Rep. Sharon Tomiko Santos (Majority Whip) — Rep. Eric Pettigrew • 41 st District (Highlands, Kennydale) — Sen.-elect Brian Weinstein — Rep. Fred Jarrett — Rep. Judy Clibborn 1TY r, o_•p F, Capital Budget • $5 million line item to offset Boeing redevelopment costs • Boeing contributed $11 million in ROW • City anticipates $16+ million in need — $1 to 2 million from EDA — $5 million for water, sewer, stormwater — $9 million for roads (GO bonds) • State should see doubling of investment in this biennium •:� Transportation • New sources of local funding • Funding for freight mobility — SW 27th/Strander extension • 1405 expansion • RTID modifications • HOT Lanes • PSRC seat 1 Economic Development Tools • Innovative tax incentives — State fund to help address infrastructure and capital costs for qualified projects — Tax increment financing (TIF) Law & Justice • Municipal Court funding • Driving While License Suspended • Separate licensing for nightclubs • Photo -radar authority • Stipulated Orders of Continuance • Statewide background check system • DNA data collection Other Funding Needs • Affordable Housing • Human and Social Services • Public Health • Parks 1111P.Mr1U-M • Zoning authority over gambling institutions • Annexation tools • GMA related related issues Water Rights • Expedite well replacements/relocations • Instream flow protection • City assumption of water/sewer districts E'N^1 Z Liability Reform • Joint and several liability • Reference checks • Public duty doctrine x� r 0) 1)r-L; 0 1 2004 CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBOR1100ANTONCRYCWWL AND STRATEGIC PLANNING MEMORANDUM DATE: November 30, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, MayorO FROM: Alex Pietsch, EDNSP Administratorwp SUBJECT: CITY OF RENTON 2005 LEGISLATIVE PRIORITIES INTRODUCTION: At the beginning of each legislative session, the City Council approves a list of legislative priorities. In preparing a list for Council consideration, the Administration has attempted to incorporate adopted legislative priorities of the Association of Washington Cities (AWC), input from previous Council meetings, and legislative priorities carried forward from prior years. This document sets forth "Basic Legislative Premises," and then lists 2005 issues in two categories: 1) Major Issues —those the Administration and staff have identified as significant, warranting the City's active efforts; and 2) Issues to Watch —those that should be monitored and may at some point need to be supported or opposed. As the 2005 Session of the State Legislature moves forward, of course, other issues may emerge that impact the City. The Administration will provide updates to Council on a regular basis when the session begins in January. BASIC LEGISLATIVE PREMISES: Legislation will be tracked that reflects, in a broad sense, the legislative priorities that emphasize Renton's concerns regarding additional unfunded mandates and the City's desire for laws that allow for greater flexibility and control at the local level, as established by Council over past legislative sessions. These include: • All proposed legislation should provide local elected officials maximum flexibility in addressing the different needs and desires of their communities and allow cities to have a voice in determining the nature, scope, and funding of local programs and services; • Strongly oppose any imposition of new or expanded programs on local governments without additional funding to support these programs, as required by State law chapter 43.135.060 RCW; • Refrain from imposing or increasing fees on municipal services to fund state regulatory activities; and • Maintain local control especially in areas of rights -of -way management, zoning, land use, and taxation. 2005 Legislative Priorities November 30, 2004 MAJOR ISSUES: Page 2 Capital Budilet for 2005-07: Renton will work with its area State Legislative Delegation on a $5 million line item request for the 2005-07 Capital Budget for stormwater and utility infrastructure upgrades associated with the redevelopment of surplus portions of the Boeing site. This project not only marks Renton's effort to change the face of a North Renton area on the Lake Washington waterfront, but it also represents a tremendous benefit for the State of Washington — in the form of an additional $10.3 million in new tax revenues estimated to accrue to the State in the first phase alone. Municipal Finance: The State of Washington should provide and protect adequate, flexible revenue sources for cities so they can meet the needs of their citizens. Renton, again, strongly urges the Legislature to refrain from any actions that impose unfunded mandates on cities, usurp local control, or change state tax policy in a manner that negatively impacts local revenues. A specific 2005 issue in the area of local revenue, financing, and efficiency is: • Sales Tax Streamlining — local sales tax "sourcing" changes: Renton supports the effort by Washington and more than 40 other states to standardize and streamline sales tax definitions in a way that, ultimately, will persuade Congress to authorize the imposition of sales tax on remote "E-commerce" sales and catalog sales. However, Renton strongly opposes changes in local sales tax "sourcing" rules that are not fully mitigated, particularly given estimates that show the City would lose nearly $1 million per year if such a change were enacted absent mitigation. The City will work with others (revised state estimates show 117 negatively impacted cities) to forge solutions that allow the State to move forward while protecting revenue bases of hard-hit local jurisdictions. Transportation Funding: The passage of a "Nickel Package" by the 2003 Legislature was an important first step toward addressing congestion and capacity problems on corridors such as Interstate 405. However, the ten-year, $4.2 billion package was widely recognized as only a first step in addressing the needs on highways of statewide significance. Further, it failed to address a number of critical unmet needs in areas such as local funding needs, local transportation funding options, and freight mobility. This problem was exacerbated by the Initiative 776 repeal of the $15 Vehicle License Fee, used by King County, Renton, and cities throughout the county to address local road maintenance and overlays. Renton again urges the Legislature to take meaningful, comprehensive action in Olympia to address a growing transportation crisis. In particular, the City asks that the Legislature: • Provide new direct funding through distributions of the gas tax and new local revenue options, so that in the wake of I-776, local governments have adequate resources to fund maintenance, preservation, and improvements to city streets. Cities and counties have not received new distributions from the state gas tax since 1990 — nor has one of their primary local funding partners, the Transportation Improvement Board (TIB); 2005 Legislative Priorities November 30, 2004 Page 3 • Make a commitment to dedicated and ongoing funding for "freight mobility" projects, including those put forth by the "FAST Corridor" coalition in Puget Sound. In particular, the City will seek state funding assistance for the Southwest 27th/Strander Boulevard extension project, which enhances the movement of truck freight and is on funding -eligibility lists compiled by the Freight Mobility Strategic Investment Board (FMSIB). This project also serves a regional multi -modal transit hub located in Tukwila, as well as provides congestion relief for I-405, S. 180th Street, and other east/west arterials; and • Provide additional funding for key state corridors. In particular, Renton will work with others in the I-405 coalition to seek additional fundingfor or key segments on 405. Economic Development Tools: The recent economic slowdown has revealed weaknesses in Washington's economy, including a lack of economic development tools provided to cities. Specifically, there are few if any tools or funding mechanisms that allow for urban redevelopment, reclamation of brownfields,.innovative contracting approaches to large public works projects, and advance planning of "smart growth" developments. Tools should be available to all communities with a menu of choices cities may make to address local circumstances by enhancing economic development and revitalization efforts. Renton supports efforts to provide cities with additional tools to foster economic development in urban areas. Some of these could include: • Providing innovative tax incentives to enhance economic development. Specifically in 2005, Renton will ioin numerous other cities on an initiative that establishes a new state fund to help address infrastructure and capital costs for qualifying projects ($10 million or over, under construction within five years) that can demonstrate they will yield a net gain in revenue and jobs. Land -Use: Renton will work with the Association of Washington Cities and other individual cities to clarify and confirm cities' authority to exercise local zoning authority in determining the most appropriate location of gambling establishments within a community. The City appreciates the efforts of legislators who are trying to help forge a compromise solution on this issue in 2005, after it narrowly failed to pass the Legislature in 2004. ISSUES TO WATCH (listings in alphabetical order, by subject area): Affordable Housing: Renton will: • Support mechanisms ensuring stable and/or enhanced funding for affordable housing (e.g. emergency, transitional, and permanent affordable) and first-time homebuyers. Any enhanced or new funding sources should ensure that the use of such funding be determined by local communities and tailored to local needs. Annexation: Renton will: • Support additional annexation reforms in 2005, such as legislation being initiated by the City of Kirkland to provide new financing tools for the annexation of Urban Growth Areas 2005 Legislative Priorities November 30, 2004 Page 4 (UGAs) that would result in significant new operating and capital costs to cities. Renton also will be on the lookout for other funding tools to facilitate annexation and is prepared to support more technical fixes to annexation law that are being considered by an interim, legislatively directed Annexation Advisory Committee. Economic Development/Infrastructure Financing: Renton will: • Strongly support legislation authorizing the latest list of low -interest loans for water, sewer, stormwater, and transportation infrastructure projects approved by the State Public Works Board and • Support any expansion of the State's very limited Tax Increment Financing (TIF) statute. Key members of the House leadership oppose TIF expansion, so Renton is not prepared to lead any effort in this area, but would support an initiative advanced by others. General Govern ment/Miscellaneous: Renton will: • Support any efforts to expand the use of alternative public works contracting methods such as "design -build" and "General Contractor/Construction Management" (GC/CM). These tools are currently only available to cities of 70,000 population or greater; • Work with a coalition of cities, counties, school districts, and others in protecting the authority of public agencies to safeguard against public disclosure requests for sensitive attorney -client privileged documents or overly -broad requests for such documents. These authorities were validated in the recent Hangartner case. Washington State continues to offer broad public disclosure and access, and its protections under the Public Disclosure Act (PDA) are no more restrictive than other states; • Track the work of the "Tri-Association" — comprised of the Association of Washington Cities, Washington State Association of Counties, and Washington Association of County Officials. The Tri-Association is working on a package that will involve small efficiencies and reforms to assist local government and reduce local government costs; • Support workers' compensation rate reform initiatives likely to be advanced by the business community; • Oppose efforts to undermine public works bidding laws that are working well now. Legislation such as HB 2522 in the 2004 session would have instituted new requirements for local agencies to make "just cause" findings in rejecting bids, adding new costs and liability exposure to cities; • Ask the Legislature to refrain from enacting any statewide regulatory standard for motorized scooters. Local ordinances are being enacted to address motorized scooter use and regulations, and the authority should be kept at the local level; and • Support CTED legislation that will allow mobile home relocation assistance funding eligibility and flexibility to be enhanced by placing it in state regulation rather than in the State RCWs. Growth Management Act (GMA), Land -Use Issues Renton will: 2005 Legislative Priorities Page 5 November 30, 2004 • Support legislation from a "GMA Work Group" of public sector, private sector, and state interests. This group has been seeking consensus -based ways to refine and improve GMA. Specifically, Renton will support legislation to provide additional flexibility to cities in how they incorporate "Best Available Science" into GMA, critical area, and shoreline updates; • Support a $3 million request by CTED to recapitalize the Planning and Environmental Review Fund (PERF). PERF assists local governments in doing up -front, area -wide planning that helps to streamline the permit process in such areas; • Oppose legislation that delays the timing of payment of impact fees. The City did not support 2004 legislation in this area, and is hopeful that a compromise can be found heading into 2005; and • Oppose any efforts to impose new responsibilities or costs on cities as part of the State's Buildable Lands Program. Human and Social Services, Public Health: The economic slowdown has resulted in layoffs, budget cuts at all levels of government, and a decline in donations to non -profits. Given these conditions, the need for a stable environment for families has never been greater. The City of Renton supports funding provisions and policy steps on the state level, which will: • Provide supportive services for parents exiting welfare, health care assistance, day care assistance, energy assistance, and transitional and emergency shelter programs; • Address the problems of homelessness and homelessness prevention through funding for such things as overnight shelters, food banks, and other emergency services; • As domestic violence is the leading cause of homelessness, funding must also be directed to combat this problem as well; and • Provide ongoing and stable funding for public health. Law Enforcement and Courts: Renton will closely watch a number of law enforcement and courts -related issues expected to arise in Olympia in 2005. Among these, the City will: Track the legislative package advanced by members of a "Court Funding Task Force." While the City supports efforts to obtain additional funding for overburdened courts, Renton is concerned about any provisions that would mandate Municipal Courts to assume authority over anti -harassment orders (AHOs). The City urges that any such provisions on "AHOs" be enacted as a local option tool rather than a mandate. Any legislation that would clarify the authority of cities to enter into multi -city contracts for provision of Municipal Court services would be supported. At this point, it does not appear likely such legislation will be advanced in 2004, though the Legislature may be asked to commence a study process to review this issue and other court funding and operations matters; Join with police, prosecutors, and others in finding a legislative remedy to the State Supreme Court's Redmond vs. Moore ruling, so that third-degree Driving While License Suspended (DWLS) penalties can once again be prosecuted where appropriate; Support Washington Traffic Safety Commission legislation to provide more iron -clad authority in state law for requiring seat belt use and making failure to wear seat belts a "primary offense." The legislative initiative was made necessary by a court ruling that clouded the State's authority; 2005 Legislative Priorities November 30, 2004 Page 6 Support Liquor Control Board -request legislation that establishes a separate licensing process for nightclubs, including assurances that nightclub establishments submit operational plans; Support efforts to expand discretionary, local option photo -radar authority for cities, and ensure that more of the fines collected from photo -radar offenses stay at the local level; Support any effort by prosecutors to restore their authority to utilize "Stipulated Orders of Continuance" (SOCs). An "SOC" is an agreement between prosecutor and defendant, signed by the judge, where in return for the defendant paying costs and usually attending some sort of course or treatment (DV perpetrator, alcohol, drug, aggressive driving), the prosecution holds off prosecuting. If the defendant does not comply, conviction enters without a trial. If the defendant does what he/she is supposed to do and remains law-abiding during the SOC period, the case is dismissed without a conviction ever being entered; Support funding to pay for enhanced sentencing under "SOSA." The Washington Association of Sheriffs and Police Chiefs (WASPC) will be seeking additional state funding to pay for the stiffer sentences and penalties enacted by the 2004 Legislature under the Sex Offender Sentencing Act (SOSA); Track efforts by WASPC to obtain funding to pay for a statewide system of background checks. Last year the Legislature authorized a WASPC study on establishment of an automated statewide system of electronic criminal background checks involving prospective State employees who work in positions affecting kids and those who are vulnerable. In 2005, WASPC will seek legislation to enact its study recommendations; and Support legislative efforts to ensure that DNA data is collected for all arrestees (currently, done on felony arrestees only) — so long as this is done in a way that holds cities and counties harmless on costs. Liability Reform: Renton will support legislation advancing a number of tort reforms, including: General local government liability protection — particularly in areas such as "joint and several" liability; Greater protection from civil liability for employers who disclose information in good faith in reference checks; and Enhancing the "Public Duty Doctrine" that helps shield local and state agencies from liability when their acts are performed as part of a recognized public duty. Parks: Renton will: Support legislation to provide additional capital funding for the Washington ' Wildlife and Recreation Program (WWRP) and additional funding tools to cities for parks maintenance and operations and Support legislation to ensure that local park officials can legally trap moles and rodents, which cause damage to publicly owned parks and open space. Transportation: Renton will: Track legislative debate over whether to retool the Regional Transportation Investment District (RTID) statute. The City supports reforms such as additional bonding authority, a 2005 Legislative Priorities November 30, 2004 Page 7 broader menu of available funding sources, and relaxed local match requirements so that local arterials can more easily qualify for placement on RTID project lists. However, Renton opposes a major opening of the statute to high -capacity transit (HCT). HCT investments for the Central Puget Sound should be addressed through Sound Transit; Support Washington State Department of Transportation (WSDOT) submitted legislation to establish a High Occupancy Toll Lane (HOT Lane) pilot project on a Kent -Auburn segment of State Route 167; and • Automatic Voting Seats on PSRC Board: Through a 2004 Supplemental Transportation Budget proviso, Bellevue, Kent, Renton, and Bremerton were granted new automatic voting seats on the PSRC Executive Board. The proviso expires June 30, 2005, and thus needs to be extended. Renton supports extension of this proviso. QW ® S?W loruf awA'kwy-�i J� sl-5peed )im4; a+ I{ss 44Lun 25 P pk m re5ideohal 54act5 at �O�Water Resources, Water in General: 1�VA"ti 1'►'1 ,) Renton appreciated the 2003 passage of E2SHB 1338 to protect municipal water rights. Lookin P Pg ahead to 2005, the City urges the Legislature to: • Expedite the process for relocating or replacing groundwater wells; • Ensure that any legislative initiative on instream flow protection does not undermine existing water rights — or place burdensome conditions on those rights; and • Refrain from imposing new conditions on future city assumptions of water -sewer districts. RECOMMENDATION: The Administration recommends that Council approve the Basic Premises, Major Issues, and Issues to Watch as outlined above. cc: Jay Covington Administrators Derek Todd Bonnie Walton Doug Levy CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: For Agenda of: 12/6/2004 Dept/Div/Board.. AJLS/City Clerk Agenda Status Staff Contact...... Bonnie Walton, x6502 Consent .............. X Public Hearing.. Subject: First Savings Bank Street Vacation Petition; Portion of Correspondence. alley between Williams and Wells Avenues South and Ordinance ............. X South 2nd and P Streets. (Petitioner: Savren Service Resolution............ Corporation; File No. VAC-03-002) Old Business........ New Business....... Exhibits: Minutes of 10/6/2003 & 4/19/2004 Study Sessions...... Deed of Dedication 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 October 6, 2003, the City Council held a public hearing and approved the Savren Service Corporation vacation request for a portion of alley located between Williams and Wells Avenues South and South 2od and 3`d Streets. Conditions of the approval were that the petitioner provide public access to the remaining alley across petitioner's property through an easement prepared by the City, that the petitioner provide satisfactory proof that outside utilities have received and are satisfied with any easements necessary to protect their facilities in the requested vacation area, and that an appraisal be secured to determine the fair market value of the property. Thereafter, the petitioner paid the $250 processing fee. On April 19, 2004, Council amended its original approval to condition public access to the remaining alley through a right -of way dedication, rather than an easement. Council set compensation at $3,400 and accepted the dedication in lieu of the set compensation amount. On June 6, 2004, the fully executed Deed of Dedication was recorded by King County. The Technical Services section has now confirmed that no other amounts are due, and all conditions of the vacation approval have been satisfied. Therefore, the ordinance can be adopted to finalize the vacation. STAFF RECOMMENDATION: Adopt the ordinance RentonnedagnbilU bh RENTON CITY COUNCIL Regular Meeting October 6, 2003 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; DAN CLAWSON; TONI COUNCILMEMBERS NELSON; RANDY CORMAN; DON PERSSON; KING PARKER; TERRI BRIERE. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; DENNIS CULP, Community Services Administrator; ALEX PIETSCH, Economic Development Administrator; SYLVIA ALLEN, Recreation Director; KAREN MCFARLAND, Engineering Specialist; COMMANDER KENT CURRY, Police Department. PROCLAMATION A proclamation by Mayor Tanner was read declaring the month of October, National Breast Cancer 2003, to be "National Breast Cancer Awareness Month' and October 17, 2003, Awareness Month — October, to be "National Mammography Day" in the City of Renton. MOVED BY 2003, National Mammography KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CONCUR IN Day — October 17, 2003 THE PROCLAMATION AS READ. CARRIED. SPECIAL PRESENTATION Community Services: Summer Recreation Program Report PUBLIC HEARING Vacation: Alley between Williams & Wells Aves S, Savren Service Corporation, VAC-03-002 Sylvia Allen, Recreation Director, reviewed the programs and activities the Recreation Division offered during the summer. She described the growing number of participants and the many activities which took place, including various camps, special events, youth sports, tennis program, adult athletics, waterfront programs, fitness and wellness programs, cultural arts programs, special populations group, teen programs and the senior activity center program. In conclusion, Ms. Allen reported that 95 part-time employees were hired for the summer in the Recreation Division. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Tanner opened the public hearing to consider the Savren Service Corporation street vacation petition for a portion of an alley running north to south, south of S. 2°d Street between Williams and Wells Avenues S. Karen McFarland, Engineering Specialist, described the subject property and explained that.the purpose of the request is to enable Savren Service Corporation and First Savings Bank to create an integrated corporate campus, which would house a new banking facility and a remodeled existing banking facility with a street -level landscaped pedestrian entry plaza and underground parking connecting to the new banking facility. She explained that the City obtained the subject alley through quitclaim deeds in 1927, and that the petition to vacate has been signed by 100% of the abutting property owners. Ms. McFarland described utility facilities located in the alley and the benefits of the proposed vacation, which include reduction of traffic entering and exiting S. 2nd Street, enhancement of pedestrian environment, increased tax base and reduction of maintenance for the City. October 6, 2003 Renton City Council Minutes Page 354 Continuing, Ms. McFarland stated that the vacation request was circulated to various City departments and outside agencies for review and that no objections were raised. She summarized comments from the survey as follows: The Development Services Division and the Transportation Systems Division both conditioned their approval upon an alternate alley or easement routing to Wells Ave. S via a right-of-way dedication or an access easement for public use; the Surface Water Utility section conditioned approval on having the property owner take responsibility for the maintenance of the Type I catch basin located at the north end of the alley; Qwest and Comcast requested that the City take no action on the vacation petition until easements are obtained to continue to service their existing facilities; Puget Sound Energy and Electric Lightwave did not respond to the City's request for comments. In conclusion, Ms. McFarland stated that staff recommends approval of the request to vacate the alleyway portion subject to conditions concerning required access and utility easements. Correspondence from Albert F. Schlotfeldt of Duggan, Schlotfeldt and Welch, Attorneys at Law, PO Box 570, Vancouver, WA 98666, was read. He stated on behalf of his client, Mrs. Umberto Barei, owner of Parcel E on the west side of Wells Ave. S, objection to the vacation of the alley because the alley serves as an access to the rear portion of their building, and vacating the alley would eliminate that access. Mr. Schlotfeldt wrote that an easement would not be a viable alternative to the longstanding alleyway because it would require a sharp turn from Wells Ave. S. through Parcel C and again south into the alley, which would make access more restrictive. He also stated that no drawings, legal descriptions or other assurance had been provided to indicate that future access would be equivalent to current alley access. Public comment was invited. Roy Beeler, 818 1/2 S. 3rd St., Renton, 98055, commented that the alleyway referred to comes to the back of his building, and he did not see the vacation as viable. He voiced his concern that there was not enough information provided to explain the options for access being offered. Jim Barei, 2719 Davis S., Renton, 98055, stated that he did not sign the petition and that support by those affected by the vacation is not unanimous. He explained that he does not want to stop progress, but does not want progress at their expense. He requested equal access as presently exists and that the questions presented by his attorney (Albert Schlotfeldt) be addressed. Rich Wagner, Baylis Architects, 10801 Main St., Bellevue, 98004, stated that his company represents Savren Service Corp. and First Savings Bank in the pending application. He explained that the purpose of the proposed alley vacation is to establish a financial campus at the north end of his client's property. Mr. Wagner described efforts he had made to notify affected property owners, and stated that since many sections of the alleyway had already been vacated and some owners had blocked their own access to the alley, they tried to rally support for the vacation. He reported that no responses were received from those efforts other than from Mr. Barei, to whom they responded. Continuing, Mr. Wagner explained that the current vacation request is for the northern 150 ft. of the alleyway, which is abutted on both sides by his client's property. He stated the need to provide access to people who use the public right-of-way to the south is recognized, which is why they propose a new 20' October 6, 2003 Renton City Council Minutes Page 355 RECESS wide public access to service the current 16' wide alleyway. Mr. Wagner concluded by stating that City staff did a good job analyzing the situation, and he asked for Council's support of the vacation request. Nancy Monahan, 1808 Shattuck Ave. S, Renton, 98055, expressed concern about having the new access go through private property, indicating that City ownership is preferred to assure access. In response to Mayor Tanner's question, Ms. Monahan stated that if, the new access was deeded as an alley rather than as an-easemeni, that would alleviate their concern about having to drive through private property. City Attorney Larry Warren explained that a right-of-way is like a super easement. He advised that right-of-way can be used for public street purposes, and can allow for installations such as telecommunications cable, but that an easement is meant to traverse the surface for ingress and egress. He stated that an easement would serve as much of a purpose and may be more beneficial for this property access as a right-of-way would. Mr. Warren also confirmed Mayor Tanner's statement that an easement is a property right to whomever it is granted, and that no one could block the alley except the City. James Rossa, 16028 SE 173rd St., Renton, 98058, spoke on behalf of his father who owns the building located on Parcel H. He stated that parking is very limited in the area and that they would like to continue sharing parking spaces with surrounding businesses, including the bank. In response to questions from Councilman Clawson, Rich Wagner of Baylis Architects explained that a few parking stalls serving the existing facility will be eliminated in this project, but that subgrade parking under the new building will remedy that loss. He also confirmed that entering the alley would be easier with the current proposal, due to the relocated 24' driveway, having 90 degree parking off of it. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL RECESS FOR FIVE MINUTES TO ALLOW THE PARTIES TO CONFER. CARRIED. Time: 8:15 p.m. The meeting was reconvened at 8:24 p.m.; roll was called; all Councilmembers present. Rich Wagner of Baylis Architects explained that the map the neighbors previously received did not show the proposed access easement. He reported that in discussions with the interested parties during the break, they had agreed to a 24-ft. wide easement for ingress and egress to be conveyed in perpetuity in a form approved by the City Attorney, with the easement to be maintained by the property owner to the satisfaction of the City. Mr. Wagner concluded by thanking Council for the opportunity to be involved in the public process. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL APPROVE THE VACATION PETITION SUBJECT TO CONDITIONS THAT PETITIONER PROVIDE PUBLIC ACCESS TO THE REMAINING ALLEY ACROSS PETITIONER'S PROPERTY THROUGH AN EASEMENT PREPARED BY THE CITY; THAT PETITIONER PROVIDE SATISFACTORY PROOF THAT OUTSIDE UTILITIES HAVE RECEIVED October 6, 2003 1 Renton City Council Minutes Page 356 ADMINISTRATIVE REPORT AND ARE SATISFIED WITH ANY EASEMENTS NECESSARY TO PROTECT THEIR FACILITIES IN THE REQUESTED VACATION AREA; AND THAT AN APPRAISAL BE SECURED TO DETERMINE THE FAIR MARKET VALUE OF THE PROPERTY. CARRIED. Jay Covington, Chief Administrative Officer, reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2003 and beyond. Items noted included: • Subsequent to the dedication of the Veterans Memorial Park in May of this year, there have been two on -site engravings. A total of 232 have been added to the original 1,112 inscriptions, which were engraved prior to the dedication ceremony. Due to inclement weather during the winter months, the next on -site engraving is scheduled for the spring of 2004. • October 5"'-I I'h is Fire Prevention Week and this year's emphasis is When Fire Strikes: Get Out! Stay Out! Every year in the United States, people die in fires by going back into a burning home or business, often when trying to retrieve valuables or pets. Well -practiced emergency escape plans coupled with smoke detectors and preventive measures are essential factors in preventing tragic fire deaths. When fire strikes, it is essential to get out and stay out! Renton fire stations will have banners; city buildings will have posters, handouts, and brochures; and the City's cable channel will feature fire safety programs - all proclaiming this important message. Monday, September 29 h, was a day of change for the Sound Transit Express Regional bus service throughout the Sound Transit district, including the routes in Renton. Three improvements to service in Renton were implemented: a) New route 564 Auburn -Federal Way was introduced (Renton's third route). This is a peak -hour route that operates between Auburn and Bellevue and serves Renton and Kent. Renton now has 10-15 minute service between Renton and Bellevue during peak hours. b) Routes 560 Bellevue-SeaTac and 570 West Seattle-SeaTac were combined into one route (560), which now provides direct bus connection between Renton and West Seattle via SeaTac Airport, instead of needing a transfer at the Airport. c) Route 565 Federal Way to Bellevue increases midday and off-peak direction service in Renton from 60-minute to 30-minute headways. AUDIENCE COMMENT Ken and Nancy Hoben, 17434 128th Ave. SE, Renton, 98058, complimented Citizen Comment: Hoben - the excellent work done by Derek Todd, Assistant to the Chief Administrative Cuautla, Jalisco, Mexico - Officer, Julie Brewer, Community Relations Manager and other City staff Sister City Delegation Visit members during the Cuautla, Jalisco, Mexico Sister City delegation visit September 22-24, 2003. They detailed some of the activities that occurred, and stated that several staff members were able to converse with the group in Spanish. The Hobens praised the work of the Committee and explained that their efforts will make the next visit easier. CONSENT AGENDA Items on the consent agenda are adopted by. one motion which follows the listing. At the request of Councilman Corman, item 8.a. was removed for separate consideration. ril 19, 2004 Renton City Council Minutes Page 119 Airport: FAA Lease, Control Tower Building Planning & Development Committee Vacation: Alley between Williams & Wells Aves S, Savren Service Corp, VAC-03- 002 2. Provide a safe route for pedestrians by installing an asphalt walkway along the curve on SE I Ith St. 3. Inquire as to the feasibility of acquiring the King County right-of-way connecting Shelton Ave. NE and SE 151st St. This right-of-way provided a safe pedestrian connection between SE I Ith St. and 130th Ave. SE before the abutting property owner closed off access. King County was informed of the problem by the neighborhood but chose not to pursue the issue.* Mayor Keolker-Wheeler noted for the record that Councilman Corman left the meeting midway through the reading of the committee report. (He did not participate in any further action.) Time: 8:26 p.m. *MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve the lease agreement with the Federal Aviation Administration for the lease of the Airport's air traffic control tower building located at 616 W. Perimeter Rd. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning and Development Committee Chair Briere presented a report regarding the Savren Street Vacation (VAC-03-002). Council approved this vacation petition subject to the condition that the petitioner provide public access to the remaining alley across the petitioner's property through a public access easement. The Committee recommended concurrence in the recommendation of the Planning/Building/Public Works Department that Council amend its original approval so that the vacation petition is approved subject to the condition that the petitioner provide public access to the remaining alley across the petitioner's property through a right-of-way dedication. Furthermore, the Committee recommended concurrence in the recommendation of the Planning/Building/Public Works Department that Council accept the appraisal for the portion of the City alley, accept the appraisal for the 24-foot access easement to be dedicated as right-of-way instead of an easement, set compensation at $3,400 for the Savren Street Vacation, and accept the dedication in lieu of a part of the cash compensation that would be paid for the street vacation. Since City Code calls for the difference between the appraised values of $3,400 to be paid to the petitioner, the monies due the City from the petitioner would be zero. Accordingly, the monies due the petitioner from the City would also be zero. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Vice Chair Law presented a report recommending adoption Budget: 2004 Adjustments of the ordinance increasing the 2004 Budget for various funds, and adding three General Fund positions in the Fire, Finance and Information Services, and Court Departments. There will also be 1.5 positions added to the Airport Fund. The ordinance appropriates $9,400,000; of this total $225,000 for the REACT (Renton Enhanced Abatement and Code Enforcement Team) and RENSTAT (Renton Statistics) programs will be held in reserve until the Council and Mayor have fully defined these new programs. The Committee further recommended that the ordinance regarding this matter be presented for first 03—o— Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20040604000383 KING COUNTY, WA E2044565 06/04/2004 10:00 KING COUNTY, WA SALE 10.00 PAGE001- OP 003 DEED OF DEDICATION Property Tax Parcel Number: 723150-1930 Project File #: PRM25-0039 Street Intersection: Grantor(s): Grantee(s): 1. First Savings Bank of Renton 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: The South 24 feet of Lot 17, Block 22, Town of Renton, according to the Plat thereof, as recorded in Volume 1 of Plats, Page 135, Records of King County, Washington. Situate in the Southwest Quarter of Section 17, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee, as named above, the above described real estate situated in the County of King, State of Washington. Grantee shall permit the Grantor to construct, operate and maintain landscaping and irrigation at the discretion of the Grantee in a portion of the dedicated area. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantee(s): City of Rent n BY: — .• . ry • �, CER a or —F Athy Keolker= {♦ BY: V KARPIAK, PRESID T CityClerk — Bonnie I. W S' 2ajp� Notary Seal must be within box STATE OF WASHINGTON ) SS '���'•"��� �•�+rl�t"�` COUNTY OF KING ) �' �r.ee,• •, On this 13TH dayof MAY 2004 , befo a onall appeared � � � . A. BLENCE & RE§EVCT— ANIE J. BOWEN z to me known to be PRESIDENT, of PUBLICa corporation that executed the within instrument, and acknowledge the said U BLIC ENOTARYstrument to be the free and voluntary act and deed of said corporation, for the uses F WA d purposes therein mentioned, and each on oath stated that he/she was authorized SSION EXPIRES execute said instrument and that the seal ed is the corporate seal of said UARY 19 2008 o tion. Notary Pub is in and for thV4eate of Washington Notary (Print) STEPHANIE J BOWEN My appointment expires: 2 / 19 / 08 Dated: MAY 13, 2004 Page 1 THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. S. 2ND STREET N89'53'16"W 16.00, F--- S89'S6" E 3'S112.13' - N89'53'56"W 112.13' I 1 4�— 16' VACATED 20 30, 30' ALLEY I 30' 30' o $ 0 W 19 Q � v' I •2 ^ r°wN > — — w Q N N his � , N � I =t 3. P o 18 I w P Q I $ $ z�JI z z I p. I S89'S3'S5"E 112.09' - S89'53'55"E 112.09' �I N 0 I S89'53'S5 E 17 cw 4 16.00' 24.00' N 4 1 24.00' — — 4 �112.08 ' 24.00' SCALE: 1" = 50' 0 25 50 _^ 100 CITY OF RENTON, WASIIINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF THE ALLEY RUNNING NORTH TO SOUTH, SOUTH OF S. 2ND STREET BETWEEN WILLIAMS AVENUE S. TO THE WEST AND WELLS AVENUE S. TO THE EAST (SAVREN SERVICE CORPORATION; VAC 03-002) WHEREAS, a proper petition for vacating a portion of the alley running north to south, south of S. 2nd Street between Williams Avenue S. to the west and Wells Avenue S. to the east, was duly filed with the City Clerk on or about July 13, 2003, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council, by Resolution No. 3654, passed and approved on September 8, 2003, and after due investigation did fix and determine the day of October 6, 2003, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon; and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it, and WHEREAS, the Administrator of the Planning/Building/Public Works Department having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF RENTON, WASIHNGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described portion of the unimproved alley, to wit: ORDINANCE NO. (A portion of the alley running north to south, south of S. 2nd Street between Williams Avenue S. to the west and Wells Avenue S. to the east ) See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under and on all that part as described on Exhibit "A" in favor of the City. 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 without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. The City may from time to time 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 entire right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated 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 the petitioner shall provide public access to the remaining alley across the petitioner's property through a right-of-way dedication. SECTION U. The City Council hereby elects to charge a processing fee of $250 (Two Hundred and Fifty Dollars) to the petitioner -owners, such charge being reasonable and proper. 2 ORDINANCE NO, SECTION M. 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 APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 115 4 :11 /22/04 : ma 3 Bonnie I. Walton, City Clerk 2004. day of 2004. Kathy Keolker-Wheeler, Mayor EXHIBIT A LEGAL DESCRIPTION STREET VACATION VAC-03-002 The east 8.00 feet of Lots 1, 2 and 3 and the West 8.00 feet of Lots 18, 19 and 20, Block 22, Town of Renton, according to the plat thereof, as recorded in Volume 1 of Plats, Page 135, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 1; Thence South 89153'56" East along the north line thereof, a distance of 112.13 feet, more or less, to the west line of the east 8 feet of said Lot 1 and the True Point of Beginning; Thence continuing South 89°53'56" East along said north line and the north line of said Lot 20, a distance of 16.00 feet, to the east line of the west 8 feet of said Lot 20; Thence South 00°00'52" East along said east line of the west 8.00 feet of said Lots 20, 19 and 18, a distance of 150.04 feet, more or less, to the south line of said Lot 18; Thence North 89°53'55" West along said south line of Lot 18 and along the south line of said Lot 3, a distance of 16.00 feet to the west line of the east 8 feet of said Lot 3; Thence North 00°00'52" West along said west line of the east 8.00 feet of said Lots 3, 2 and 1, a distance of 150.04 feet, more or less, to the True Point of Beginning. ALL SITUATE in the Southwest Quarter of Section 17, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. is THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. S. 2ND STREET N89'53'55"W n 16.00' �- S89753'S6" E 112.13' N89'53'56 W 112.13' I i 1 20 I 30' 30' I 30' 30' I In I 2 19 W > L__ — N Q N N04 I � Q 3 0 0 18 Q _I I Z Z — —1 — 7 W S89'53'S5" E 712.09' 4 I S89'53'55"E TO I 16.00' 17 f °� 2RFiy I .Zs ON SCALE: 1" = 50' 0 25 50 100 TRIAD ASSOCIATES __ 11814 115th Ave. NE VJrldand, WA 98034-6923 425.821.8448 www.tdadassoc.00m O ti 2 y ZO m 3 Q ►� V m �Q�RR V LU ' ^ � o U h 2 Y MANAGER: GO DESIGNED: CADD: AJ CHECKED: SC DATE: 8-20-03 SCALE HORIZ: 1 "-50' VERT.: JOB NUMBER 03-128 SHEET NUMBER 1 or 1 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. AJLS/City Clerk Staff Contact...... Bonnie Walton, x6502 Subject: Kennydale Elementary Street Vacation Petition; Portion of unimproved alley south of NE 30th St. & west of Kennewick Pl. NE. (Petitioner: Renton School District; File No. VAC-04-003) Exhibits: Minutes of 9/20/2004 Ordinance Recommended Action: Council Concur Al #: For Agenda of: 12/6/2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: 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: On September 20, 2004, the City Council held a public hearing and approved the Renton School District vacation request for a portion of unimproved alley located south of NE 30th St. and west of Kennewick Pl. NE. The petitioner has since paid the $250 processing fee, and staff in the Technical Services section has confirmed that no other amounts are due. Therefore, the ordinance can now be adopted to finalize the vacation. STAFF RECOMMENDATION: Adopt the ordinance X 2 X Rentonnet/a.-nbill/ bh September 20, 2004 Renton City Council Minutes Page 312 will be destroyed. The City will talk to Wal-Mart about an "amnesty" return of their carts, but wants assurance that they will take measures to improve recovery of their shopping carts. As of September 17th, a total of 1,508 human cases of West Nile Virus with 45 deaths have been reported in 39 states. Washington, Alaska, and Hawaii have no detection of the virus. Streets: Grocery Cart Mayor Keolker-Wheeler commented on the Administrative Report item Abandonment concerning abandoned shopping carts, and emphasized that the "amnesty" return of the carts will only be allowed one time, and only if the store agrees to pick up its own carts. Council President Persson noted the expense of the loss of the shopping carts to the stores. The Mayor stated that she hopes the stores will comply with retrieving their shopping carts on a voluntary basis. PUBLIC HEARING Vacation: Alley, NE 30th St & Kennewick PI NE, Renton School District, VAC-04-003 This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the street vacation petition submitted by Rick Stracke, on behalf of the Renton School District, for portion of the unimproved alley located east of I405, west of Kennewick Pl. NE, and south of NE 30th St. (Kennydale Elementary School Vacation; VAC-04-003). Karen McFarland, Engineering Specialist, stated that the 448-foot by 12-foot alley right-of-way is located within the Kennydale Elementary School site, and has been overbuilt with playfields, asphalt play surfaces, and a school building. Ms. McFarland explained that the Renton School District plans to replace Kennydale Elementary School, and the vacation will create a unified site for the redevelopment project. Stating that the vacation petition received no objections when circulated to City department and outside agencies, Ms. McFarland noted that the City's 15-foot easement sufficiently protects the existing six-inch water line. Ms. McFarland relayed that City Code (9-14-5E) states: "When a street or alley is vacated for a governmental agency, and compensation is required, compensation shall be based upon the administrative costs of the vacation and may, at the discretion of the City Council, be based upon original cost to the City of acquisition." She explained that the City did not incur any original acquisition costs, as the property was acquired through a plat dedication, and City funds were not expended to maintain the right-of-way. Therefore, staff recommends that Council approve the request to vacate the alley right-of-way and set compensation based solely on the administrative costs as per City Code. Public comment was invited. Owen Dennison, 316 Occidental Ave. S., Suite 320, Seattle, 98104, representing the Renton School District, stated that vacation of the right-of-way will provide more latitude in the design of the new school. Pointing out that no public cost or detriment to the health, safety, and welfare of the general public will occur as a result of this vacation, Mr. Dennison requested approval of the vacation as recommended by City staff. There being no further public comment, it was MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. September 20, 2004 Renton City Council Minutes Page 313 MOVED BY BRIERS, SECONDED BY NELSON, COUNCIL APPROVE THE REQUEST TO VACATE THE ALLEY AND SET COMPENSATION BASED ON THE ADMINISTRATIVE COSTS. CARRIED. AUDIENCE COMMENT David Hamilton, 283 SW 41st St., Renton, 98055, asserted that the process by Citizen Comment: Hamilton - which the Council made its decision to rename SW 41st St. to SW MEA Way Rename SW 41st St to SW was poorly handled. Mr. Hamilton stated his concerns as follows: public IKEA Way comment was discouraged and the lack of input from interested parties led to an uninformed decision, the anti -competitive decision is not supportive of the affected business district, the replacement of the highway and street signs is a poor use of the taxpayer's money, the precedent it sets is poor, and the possibility that IKEA will move out of Renton when its lease expires in 2009 should be considered. Stressing that the wrong decision was made, he urged Council to leave SW 41st St. as is and find another way to honor IKEA. Citizen Comment: Williams - Shelley Williams, 253 SW 41st St., Renton, 98055, stated that the street name Rename SW 41st St to SW change from SW 41st St. to SW IKEA Way greatly impacts the Dressler Stencil IKEA Way Company, which is primarily a mail order business and a manufacturing facility. She indicated that the company has three to five years worth of materials that list this address, and the costs to change the catalog, portfolio, letterhead, note cards, and instruction sheets is a financial burden. Pointing out that the Dressler Stencil Company is incurring the cost to advertise for IKEA, Ms. Williams stated that the City is honoring a big company like IKEA while turning away from the small companies. In response to the Councilmembers questions, Ms. Williams estimated that the cost the company will incur due to the street name change is $157,000 in a three-month period. She detailed the nature of the business and how often various materials are ordered and updated. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE CORRESPONDENCE CONCERNING THIS MATTER. CARRIED. Added The following e-mail was read into the record in opposition to the renaming of CORRESPONDENCE SW 41st St. to SW IKEA Way: Dr. Gerald T. Kuwada and Office Manager Citizen Comment: Various - Caroline Stone, Valley Podiatric Physicians & Surgeons, 274 SW 41st St., Rename SW 41st St to SW Renton, 98055; Dave Mitchell (no address given); Bret Neely, Vice President, .IKEA Way Kenco, 421 SW 41st St., Renton, 98055; Jill Davis, Capital Lighting, 287 SW 41st St., Renton, 98055; and David Hamilton, President, Delivery Express, Inc., 283 SW 41st St., Renton, 98055. Objections included the expense of new stationary, business cards, advertising, and other related costs; the lack of reimbursement for the expenses; the setting of a precedent; and giving IKEA free advertising at the expense of the affected businesses. Councilman Clawson stated that he is willing to review the matter again, and wants specific proof from the affected businesses of the costs related to the street name change. He indicated that he was not aware that a business faces a large financial loss, and would like the opportunity to assess this new information. Councilwoman Briere said the matter was discussed at two Transportation Committee meetings at which multiple citizen comments were heard. She noted that the name -change costs submitted by the affected businesses were reviewed. Ms. Briere informed that she is a business owner who has CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF THE UNIMPROVED ALLEY LOCATED SOUTH OF NE 30TH ST., WEST OF KENNEWICK PL. NE, AND NORTH OF THE ABANDONED PACIFIC COAST RAILROAD RIGHT-OF-WAY (KENNYDALE ELEMENTARY SCHOOL - RENTON SCHOOL DISTRICT; FILE NO. VAC-04-003) WHEREAS, a proper petition for vacating a portion of the unimproved alley located south of NE 3& St., west of Kennewick Pl. NE, and north of the abandoned Pacific Coast Railroad right-of-way was duly filed with the City Clerk on or about July 13, 2004, and said petition having been signed by the owners representing more than two- thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council, by Resolution No. 3709, passed and approved on August 16, 2004, and after due investigation did fix and determine the day of September 20, 2004, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon; and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: ORDINANCE NO. SECTION I. The following described portion of the unimproved alley, to wit: (The portion of the unimproved alley located south of NE 30`h St., west of Kennewick Pl. NE, and north of the abandoned Pacific Coast Railroad right- of-way) See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under and on all that part as described on Exhibit "A" in favor of the City. 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 without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. The City may from time to time 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 entire right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated 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. SECTION H. The City Council hereby elects to charge a processing fee of $250 (Two Hundred and Fifty Dollars) to the petitioner -owners, such charge being reasonable and proper. 0) ORDINANCE NO. SECTION M. 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 APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 115 3 :11 /22/04 : ma 3 Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2004. 2004. Green Gasaway Architects Job No. 246-011-004 September 30, 2004 EXHIBIT A LEGAL DESCRIPTION FOR ALLEY VACATION �`�°a \W/ That alley, being 12 feet in width, described and delineated in that Plat of "C.D. Hillmans Lake Washington Garden of Eden Addition to Seattle No.1" as recorded in Volume 11 of Plats, Page 63, Records of King County, Washington, lying easterly of Tract 48, westerly of Tract 49, southerly of North East 30"' Street being also known as South East 94m Street, and northerly of the Abandoned Pacific Coast Railroad Right of Way, situate in the southwest quarter of Section 32, Township 24 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Containing 5,335 square feet, more or less. See attached Exhibit B. Written by: D.WA. Checked by: M.R.B. islesm-jobs12461111041documentllegal-001.doc 720 South 348th Street Tel (253) 838 6113 Tacoma (253) 927 0619 I Civil Engineering Land Planning Federal Way, WA 98003 Fax (253) 838 7104 Seattle (206) 623 5911 Project Management Public Works www.esmcivii.com Bremerton (360) 792 3375 Land Surveying EXHIBIT "B" TO ACCOMPANY LEGAL DESCRIPTION FOR n ALLEY VACATION A PORTION OF THE SW 1/4 OF SECTION 32, TWP. 24 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON NE 30TH STREET E E 12' ALLEY TO i BE VACATED i f� J\r y ter\ f I I I � r � SCALE: 1" =100' z � o w v \j o o- �� w Z r c p, JOB NO. 246-012-004 DRAWING NAME SR-01 DATE : 9/30/04 DRAWN D.W.A. SHEET 1 OF 1 CITY OF RENTON COUNCIL AGENDA BILL Al #: e7. SUBMITTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie Walton SUBJECT: CRT-04-007; Court Case Skyway Towing and Recovery, Inc. v. City of Renton EXHIBITS: Summons and Complaint FOR AGENDA AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance... Resolution... Old Business....... New Business...... Study Session.... Other.... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Refer to City Attorney and Insurance Services Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted ........ Revenue Generated... SUMMARY OF ACTION: Summons and Complaint for Money Damages and Attorneys' Fees filed in King County Superior Court by Robert B. Beckerman, Seligmann, Beckerman & Flaherty PLLC, 216 lst Ave. S., Suite 200, Seattle, 98104, on behalf of Skyway Towing and Recovery, Inc., alleging that the City wrongfully terminated a towing agreement, effective 12/15/2003, resulting in loss of income for Skyway Towing in an amount of at least $100,000. IRM AMT ION COPY 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 !n Kinj (Dungy SLrw813; 'S 05, NOV 17 2004 s C�s.�:�r Lion IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF KING SKYWAY TOWING AND 5 RECOVERY, INC., a Washington I NO. IV corporation, Plaintiff, V. CITY OF RENTON, a municipal corporation, Defendant. TO: City of Renton Mayor's Office,1" Floor 1055 South Grady Way Renton WA 98055-3232 SUMMONS CITY OF i E 8TON 9= 2 E, ^14 !Ty '1� ' �;K, S OFFICE A lawsuit has been started against you in the above -entitled Court by the above -named plaintiff. Plaintiffs claim is stated in the written Complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the Complaint by stating your defense in writing, and serve a copy upon the person signing this LC.' CLti SUMMONS-1 m SELIGMANN, BECKERMAN & (HAbob\Clients\SkywayTowingSummons.doc] FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 �7�A �lti Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Summons within 20 days after the service of this Summons, excluding the day of service, if served within the State of Washington, and within 60 days after service of this Summons upon you, exclusive of the day of service, if served out of the State of Washington, and file a copy with the court named above. If you do not, a default judgment may be entered against you without prior notice. A default judgment is one where plaintiff is entitled to what it asks for because you have not responded. If you serve a Notice of Appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. A copy of all responsive pleadings must be filed with the court. You may demand that the plaintiff file this lawsuit with the Court. If you do so, the demand must be in writing and must be served upon the person signing this Summons. Within 14 days after you serve the demand, the plaintiff must file this I lawsuit with the Court, or the service on you of this Summons and Complaint will be I void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. THIS SUMMONS is issued pursuant to Rule 4 of the Superior Court Civil I Rules of the State of Washington. DATED this 16 day of November, 2004. SUMMONS - 2 IHAbob\CGents\Skyway Towing\Sununons.docl SELIGMANN, BECKERMAN He FLAHERTY PLLC 0 a I-Ir �" Robert B. Beckerman, WSBA No. 7309 Attorney for Plaintiff SELIGMANN, BECKERMAN & FLAHERTY PLLC Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 f1� ATI0N COPY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF K 4km2 -S 60' 26 -a I SKYWAY TOWING AND `. RECOVERY, INC., a Washington NO. corporation, COMPLAINT FOR MONEY Plaintiff, DAMAGES AND ATTORNEYS' FEES ,: TY OF RFNITO N V. CITY OF RENTON, a municipal corporation, Defendant. COMES NOW plaintiff Skyway Towing and Recovery, Inc., by and through its attorney Robert B. Beckerman of Seligmann, Beckerman & Flaherty PLLC, and by way of complaint and causes of action alleges as follows: I. PARTIES 1.1. Plaintiff Skyway Towing and Recovery, Inc. (hereinafter "Skyway"), is a Washington corporation with all fees paid and all required licenses issued. 1.2. Defendant City of Renton is a municipal corporation in'the State of Washington. COMPLAINT - 1 H:\bob\CGeats\Skyway Towing\Comphint_docl SELIGMANN, BECKERMAN & FLAHERTY PLLC Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I1. JURISDICTION AND VENUE The court has subject matter jurisdiction and personal jurisdiction over the parties. Venue is proper in King County Superior Court, Regional Justice Center, in Kent, Washington. On August 2, 2004, Skyway delivered to the Renton City Clerk a verified Notice of Claim per RCW 4.92.100 by US Postal Service, certified mail, return receipt requested (Exhibit 1). More than sixty (60) days have elapsed since Notice of Skyway's claim was received by Renton. II1. FACTS 3.1. Skyway is a towing company in good standing with all required licenses issued and fees paid under Washington and local laws. Skyway has offices in the City of Renton and in the City of Kent. 3.2. Skyway is engaged in the business of providing towing, impoundment and storage services ("services") for private property owners, motorists, and law enforcement agencies. Skyway has entered into Towing Letters of Agreement with the Washington State Patrol, the City of Kent, the City of Renton, the City of Tukwila and King County. 3.3. On November 25, 1996, the City of Renton and Skyway entered into a Towing Letter of Agreement ("Towing Agreement") for public impound services to the Renton Police Department and motorists when requested by the Renton Police Department at rates no higher than the maximum rate permitted under the Towing Agreement (Exhibit 2). Under the Towing Agreement "all such towing and storage services shall be performed in accordance with the provisions COMPLAINT - 2 [H:\bob\Clients\Skyway Towing\Complaintdocj SELIGMANN, BECKERMAN & FLAHERTY Pluc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of RCW 46.55, WAC 204-91 A, WAC 308-61, Renton City Ordinance, policy or regulations, as currently formulated or as may be subsequently amended." 3.4. RCW 46.55.010(3) defines "impound" as follows: "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds --public and private. 3.5. RCW 46.55.010(3)(b) defines "private impound" as follows: "Private Impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located." 3.6. RCW 46.55.100(1) governs the procedure for notice by the tow company at the time of impoundment. Notice by the tow company "to a law enforcement agency having jurisdiction" is required to be given "at the time of the impoundment'; that is, at the time that the tow company "take[s] and hold[s]" the unauthorized vehicle. The express purpose of the notice is to require the law enforcement agency to provide to the tow operator the name and address of the registered owner of the impounded vehicle. RCW 46.55.100(1) & (2) read in relevant part: (1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communications center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached or contained on the impounded vehicle, the Vehicle Identification Number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or COMPLAINT - 3 [HAbob\Clients\Skyway Towing\CompWnt.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLC Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information. (2) ... The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold that is not a suspended license impound is no longer in effect. 3.7. The tow operator is required to notify the registered owner of the impound of the unauthorized vehicle. RCW 46.55.110(1). 3.8. RCW 46.55.240 recognizes the authority of cities, towns, and counties to adopt ordinances concerning "unauthorized, abandoned, or impounded vehicles" left unattended. 3.9. Under RCW 46.55.240, a City that adopts an ordinance concerning unauthorized, abandoned, or impounded vehicles "shall include the applicable provisions [of chapter 46.55 RCW]." 3.10. RCW 46.55.240(1)(a) authorizes cities, towns, and counties to adopt ordinances that "authorize other impound situations that may arise locally upon the public right-of-way or other publicly owned or controlled property" but I does not authorize additional regulation of the private impounds defined by RCW 46.55.010(3) on private property. 3.11. Renton adopted an ordinance concerning unauthorized, abandoned, or impounded vehicles. Chapter 5 of Title X of the Renton Municipal Code. 3.12. Section 10-5-1 defines "APPROVED TOW COMPANY" as follows: COMPLAINT - 4 [HAbob\Clients\Skyway Towing\Complaintdoc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Any person, firm, partnership, tow association or corporation approved by the Renton Police Department. Approved tow companies must comply with all State laws, County ordinances and any Federal law including antitrust laws. 3.13. Section 10-5-1 defines "IMPOUNDMENT' as follows: The removal of a vehicle to a storage facility either by an officer or authorized agent of the Renton Police Department or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Renton Police Department. 3.14. Sections 10-5-2(A) (6) and (7) provide authority for impounding a vehicle without prior notice when the obstructing vehicle is on private property: A. When a vehicle may be impounded without prior notice: A vehicle may be impounded without prior notice to its owner for any of the following reasons: 6. The vehicle is parked without authorization on residential property. 7. The vehicle is parked on private, nonresidential property, properly posted under RCW 46.55.070. Nothing in the Renton Municipal Code requires prior notice to the registered owner before impoundment is completed. 3.15. Section 10-5-10 of the Renton Municipal Code lists the duties and standards that a towing company must meet to remain approved. The list of duties does not include any requirement to call the Renton Police Department, prior to a private impound, for authority to take and hold an unauthorized vehicle left unattended on private property. COMPLAINT - 5 [HAWb\CGents\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3.16. Section 10-5-4 of the Renton Municipal Code imposes upon the Renton Police Department the duty to mail notice of the impound to the registered owner not more than forty-eight (48) hours after the impound. 3.17. Section 10-5-13 of the Renton Municipal Code provides penalties for violations of Section 10 of the Code by an approved tow operator. The section provides for "progressive penalties" for violations by a tow operator of any section of Chapter 10-5 of the Renton Municipal Code. The penalty for the first violation of the Code is a civil penalty of not more than $100; for the second a penalty of up to $500. For the third and subsequent violations, the tow operator may be placed on probation, temporarily removed from the list of approved tow agencies, or removed from the list of approved tow agencies and not permitted to reapply for inclusion on that list for a period of one year. Each penalty is determined by the Police Chief or his designee after reviewing the available information. 3.18. Section 10-5-13 provides that if a tow operator is aggrieved by the decision of the Police Chief or his designee, then the tow operator may appeal, within 20 days of receipt of notification of any penalty to the hearing examiner. The I hearing examiner's decision shall be rendered not more than 30 days after an I appeal hearing. Any appeal from the hearing examiner's decision shall be to the I Superior Court by writ of review brought within 20 days of the hearing examiner's I written decision. ICOMPLAINT - 6 [H:\twb\Cfients\Skyway Towing\Complaint.docl SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3.19. The City of Renton and Skyway entered into Towing Agreements 11 effective on November 1, 1996, November 1, 2000, November 1, 2001, and on October 16, 2002. 3.20. Under these Towing Agreements, Skyway agreed to provide towing services to the Renton Police Department. The Towing Agreements provided, in part, that: The Renton 'Police will call the tow operator, on a rotational basis with other tow operators who have signed agreements, within its jurisdictional limits. Only tow operators who have signed such agreements will be called by the Renton Police Department in this jurisdiction except for emergency situations or when a motorist has a personal preference for another tow operator. 3.21. Each Towing Agreement between Skyway and the City of Renton provides the procedure for removing a tow operator from the rotational list or canceling the towing agreement. Under the Towing Agreement, the Renton Police Department may remove a tow operator from the rotational list for 48 hours if the tow operator refuses to impound a vehicle as requested. The Towing Agreement may be cancelled in one of two ways. Either (1) the tow operator or the Renton Police Department may cancel the Towing Agreement without cause, by providing, 30 days' written notice or (2) Towing Agreement may be cancelled by the Renton Police Department: ... without notice, for confirmed tow -related criminal activity, deliberate overcharging, or failure to follow requirements outlined in applicable RCW, WAC, City Ordinance, and/or other tow operator regulations, and/or procedures as currently formulated or as may be subsequently amended. COMPLAINT - 7 iHAbob\CLents\.Skyway Towing\CompWnt.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3.22. The City of Renton breached the Towing Agreement by terminating I Skyway without proper grounds and without notifying Skyway of its right to a I I hearing to contest the propriety of the termination. 3.23. On Monday, May 12, 1997, the Chief of the Renton Police Department suspended Skyway for an indefinite period of time from participating in I I the towing rotation allegedly "due to the pending criminal prosecution of `principals and/or employees' of Skyway concerning theft -related activity". The May 12, 1997 letter from Chief Alan L. Wallis stated: "the Renton Police Department will no longer include you on our rotational list, or use your company for City -related towing" (Exhibit 3). The termination notice failed to cite valid grounds for cancellation under state law, the Renton Municipal Code, or the Towing Agreement. Neither did Renton provide notice of the hearing as provided by section 10-5-13 of the Renton Municipal Code. The cancellation of the Towing Agreement also violated the "Progressive Penalties" provision in Section 10-5-13 of the Renton Municipal Code. 3.24. A new Towing Agreement was signed between Skyway and City of Renton effective November 1, 2000, under the same terms as the November 1996 agreement, except the towing and storage rates were increased (Exhibit 4). 3.25. On March 1, 2001, Renton Chief of Police Gary C. Anderson sent a letter to Skyway complaining that Skyway was impounding stolen vehicles from private property parking lots in unincorporated King County and storing the vehicles at its facility in Renton. The Renton Chief of Police directed Skyway as follows: COMPLAINT - 8 [H:%ob\Chents\Skyway Towing\Complaint.docj SELIGMANN, BECKERMAN & FLAHERTY PL.LC Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Please notify your drivers of the appropriate agency notification when impounding and towing suspected stolen vehicles from private _ property parking lots. 3.26. On June 4, 2001, Chief Anderson sent a letter to Skyway warning as I follows: The purpose of this letter is to inform you that if Skyway Towing impounds suspected or known stolen vehicles to your lot in Renton --from outside the City limits of Renton --without prior notification of the jurisdiction, Skyway Towing will be removed from the Renton Police Department tow list. 3.27. On June 20, 2001, Chief Anderson sent another letter terminating the Tow Agreement because Skyway allegedly impounded a stolen vehicle which was obstructing use of private property in the City of Renton: On June 18, 2001, Skyway Towing impounded a vehicle from private property, in the City of Renton. The vehicle damage observed by your driver was consistent with damage occurring to stolen vehicles. The vehicle was towed to your lot (Renton Police Department Case Report 2001-5605), and later determined stolen by your driver. Effective immediately, Skyway Towing is removed from the Renton Police Department impound list. (Exhibit 5). Chief Anderson's letter did not cite any legal grounds under Washington State law, Renton City Ordinance, or contractual language in terminating the Towing Agreement nor notify Skyway of its right to appeal under state and city law. 3.28. On October 24, 2001, Skyway signed a new Towing Agreement with the City of Renton effective November 1, 2001, through October 15, 2002, under the same terms except for the rates which were increased for towing and storage services (Exhibit 6). COMPLAINT - 9 (HAbob\Clients\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTYPLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3.29. On October 22, 2002, Skyway signed a new Towing Agreement with City of Renton effective October 16, 2002 (Exhibit 7). As a condition of reinstating Skyway Towing to the rotation list, Renton arbitrarily imposed upon Skyway the obligation to use the Department of Licensing's Vehicle/Vessel Identification Processing Service (VIPS) to identify stolen vehicles before impounding an unauthorized car left unattended on private property and to notify the City of Renton if an obstructing vehicle is listed as stolen. That arrangement was neither valid nor workable. For example, on February 11, 2003, Skyway was called by the property owner to conduct an impound of an abandoned vehicle left unattended on private property at Sunset View Apartments at 1140 Edmonds Avenue NE in Renton, Washington. There was no reliable evidence that the car was stolen, but the Renton Police claimed it was stolen. The Renton Police dispatched an officer who took 20 minutes to arrive. The Officer notified the registered owner, who wanted to pick up the car at around noon that day. The Officer dismissed the Skyway driver, leaving the stolen vehicle still obstructing use of Skyway's client's private property. The Skyway driver was on the site for 1.5 hours but did not receive compensation for his services because of the City of Renton's violation of the state statute, municipal ordinance, and breach of the Towing Agreement. 3.30. On November 7, 2003, Chief Anderson of the Renton Police Department sent a letter terminating the Tow Agreement, and removed Skyway from the rotation list (Exhibit 8). The Chief claimed that Skyway violated the alleged "agreement to check suspected vehicles through the Department of COMPLAINT - 10 [HAbob\Clients\Skyway Towing\Complaint.docl SELIGMANN, BECKERMAN & FLAHERTY PLC Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Licensing VIP program prior to impound". The letter cited no violation of state, city, or county law, or contract provision to support the termination and did not provide I I notice of a right to a hearing. 3.31. Renton continues to bar Skyway from the rotation list for tow 11 companies for public impounds. As a result of the actions of the Renton City Police, Skyway has lost business and income in an amount to be proved at trial, but at least $100,000. IV. FIRST CAUSE OF ACTION VIOLATION OF 42 U.S.C. SEC. 1983 (SUBSTANTIAL IMPAIRMENT OF CONTRACT IN VIOLATION OF CONTRACT CLAUSE, U.S. CONSTITUTION, ART. 1, SECTION 10, CL 1) 4.1. Plaintiff reasserts and realleges the preceding paragraphs of this Complaint and incorporates them herein by this reference. 4.2. At all relevant times, Skyway had a right not to be deprived of its Constitutionally protected interest in its property, the Towing Agreement. U.S. Constitution, Article 1, Section 10, Clause 1. 4.3. At all relevant times, the City of Renton and its employees were acting under the color of law as contemplated by 42 U.S.C. § 1983. Renton and I its employees impaired Skyway's rights in the parties' contract. The impairment is substantial because it deprives Skyway of important rights, thwarts performance of essential terms, defeats the expectations of the parties, and alters the financial terms of the contract. The City of Renton's conduct was COMPLAINT - 11 [HAbob\CLents\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTY Pu.c Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 neither reasonable nor necessary to fulfill an important public purpose and worked a denial of Skyway's rights secured by the United States Constitution. 4.4. As a result of the actions of the Renton City Police, Skyway has lost business and income in an amount to be proved at trial, but at least $100,000. V. SECOND CAUSE OF ACTION VIOLATION OF WASHINGTON CONSTITUTION ARTICLE 1, SECTION 23 (IMPAIRING THE OBLIGATIONS OF CONTRACTS) 5.1. Plaintiff reasserts and realleges the preceding paragraphs of this Complaint and incorporates them herein by this reference. 5.2. At all relevant times, Skyway had a right under the Washington State Constitution not to be deprived of its constitutionally protected interest in its property the Towing Agreement. Washington Constitution, Article 1, Section 23 ("No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed"). 5.3. At all relevant times, Renton and its employees acting under the color of law, Renton and its employees worked an impairment of Skyway's contract rights protected by the Washington State Constitution. 54. As a result of the actions of the Renton City Police, Skyway has lost business and income in an amount to be proved at trial, but at least $100,000. COMPLAINT - 12 [H:\bob\CGrnts\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 VI. THIRD CAUSE OF ACTION VIOLATION OF 42 U.S.C. § 1983 (DUE PROCESS AND EQUAL PROTECTION CLAUSES) 6.1. Plaintiff reasserts and realleges the preceding paragraphs of this Complaint and incorporates them herein by this reference. 6.2. At all relevant times, Skyway had a right under the due process and equal protection clauses of the U.S. Constitution not to be deprived of its constitutionally protected interest in its property without a predeprivation hearing. U.S. Constitution, Amendment 14. 6.3. At all relevant times, Renton and its employees were state actors and their conduct was subject to 42 U.S.C. § 1983, and 1988. Acting under the color of law, Renton and its employees denied Skyway's rights secured by the United States Constitution and guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States, 6.4.. Renton's termination of the Towing Agreement without notification of the right to a hearing is a violation of Skyway's rights, secured by the United States Constitution and guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States. 6.5. As a result of the actions of the Renton City Police, Skyway has lost business and income in an amount to be proved at trial, but at least $100,000. COMPLAINT - 13 [HAbob\CLents\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 VII. FOURTH CAUSE OF ACTION VIOLATION OF WASHINGTON CONSTITUTION ARTICLE 1, SECTION 3 (DUE PROCESS CLAUSE) 7.1. Plaintiff reasserts and realleges the preceding paragraphs of this Complaint and incorporates them herein by this reference. 7.2. At all relevant times, Skyway had a right to the due process of law, including the right to a hearing, before the deprivation of a significant property interest. Washington Constitution, Article 1, Section 3. 7.3. At all relevant times, Renton and its employees were state actors. Renton's termination of the Towing Agreement without notification of the right to a hearing is a violation of Skyway's rights guaranteed by the Washington Constitution, Article 1, Section 3 ("No person shall be deprived of life, liberty, or property, without due process of law"). 7.4. As a result of the actions of the Renton City Police, Skyway has lost business and income in an amount to be proved at trial, but at least $100,000. VIII. FIFTH CAUSE OF ACTION BREACH OF THE TERMS OF THE TOWING AGREEMENT 8.1. Plaintiff reasserts and realleges the preceding paragraphs of this I Complaint and incorporates them herein by this reference. 8.2. Renton's imposition of the requirement that the towing operator I report to the Renton Police Department all vehicles parked without authorization on private property to the police before an impoundment is contrary to the COMPLAINT - 14 [H:\bob\Clien0Skyway Towing\Complaint.docj SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Towing Agreement and Washington law. Renton's termination of the Towing Agreement as a penalty for Skyway's lawful conduct breaches the Towing Agreement and the progressive penalty authorized in the Renton Municipal Code. Renton has violated the terms of the Towing Agreement by changing the terms of the agreement, terminating the agreement unlawfully, and failing to provide notice of a right to a hearing. Renton's actions have caused Skyway damages in an amount to be proved at trial, but at least $100,000.00. IX. SIXTH CAUSE OF ACTION DECLARATORY JUDGMENT UNDER RCW 7.24 9.1 Plaintiff reasserts and realleges the preceding paragraphs of this Complaint and incorporates them herein by this reference. 1 9.2 Skyway has an interest in having a court determination of a towing I company's rights under the state statue and the Renton Municipal Code. 9.2 Chapter 10-5 of the Renton Municipal Code regulates the I impoundment of vehicles, "impoundment" being defined by section 10-5-1 as: The removal of a vehicle to a storage facility either by an officer or authorized agent of the Renton Police Department or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Renton Police Department. 9.3 The Renton Municipal Code does not authorize the City to interfere with private impounds, conducted with the consent of the owner of the private property, as defined by RCW 46.55.010(3)(b). COMPLAINT - 15 [HAbob\Clients\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 9.4 The court should determine the rights and obligations of the parties under the statute and municipal statutes. X. SEVENTH CAUSE OF ACTION INJUNCTIVE RELIEF 10.1 Plaintiff reasserts and realleges the preceding paragraphs of this Complaint and incorporates them herein by this reference. 10.2 The Renton Municipal Code does not provide any authority to regulate private impounds as defined by RCW 46.55.010(3)(b). The actions of the City in removing Skyway from its rotational list of approved tow companies is without legal basis. 10.3 As an approved tow company, plaintiff has a legal right to be placed on the City's rotational list of approved tow companies. 10.4 The City of Renton's actions complained of herein cause irreparable harm to plaintiff. 10.5 Plaintiff has no adequate remedy at law. 10.6 The Court should issue a permanent injunction (1) enjoining the City of Renton from regulating a private impound until the impoundment is complete and the Renton Police Department has been notified of the impoundment pursuant to RCW 46.55.100(1), and (2) directing the City of Renton to place plaintiff on its list of approved tow companies and the rotational list for public impounds. . PRAYER FOR RELIEF Skyway Towing and Recovery, Inc. prays for relief as follows: COMPLAINT - 16 [HAbob\Clients\Skyway Towing\Complaint.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLC Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1. For judgment in favor of Skyway Towing and Recovery, Inc. and against the City of Renton in an amount to be proved at trial, but in excess of One Hundred Thousand Dollars ($100,000.00); 2. For an award of reasonable attorney's fees and costs under 42 U.S.C. § 1988, including costs of this lawsuit, expert witness fees, witness fees, deposition costs; 3. For a judgment declaring that Renton Municipal Code Chapter 10-5 does not provide the City of Renton with any authority to regulate private impounds as defined by RCW 46.55.010(3)(b). 4. For a judgment declaring that Washington law authorizes a private property owner to conduct a private impound, as defined by RCW 46.55.010(3)(b), by way of a contract with a registered tow truck operator as provided by Chapter 46.55 RCW. 5. For a judgment declaring that, to the extent that the Renton Municipal I Code purports to authorize law enforcement interference with private impounds, the code is in conflict with Chapter 46.55 RCW. 6. For an order enjoining the City of Renton from regulating private impounds until the impoundment is complete, that is until the unauthorized vehicle is removed to a storage facility, and the Renton Police Department has been notified of the impoundment pursuant to RCW 46.55.100(1). 7. For an order directing the City of Renton to place plaintiff on its list of approved tow companies and the rotational list for public impounds. COMPLAINT - 17 [HAbob\Clients\Skyway Towing\Complaint.doc) SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 8. For such further relief as this court deems just. ®ATE® this �& day of November, 2004. - SELIGMANN, BECKERMAN & FLAHERTY PLLC Robert B. Beckerman, WSBA No. 7309 Attorney for Plaintiff COMPLAINT - 18 [HAbob\CGents\Skyway Towing\CompWnt.doc] SELIGMANN, BECKERMAN & FLAHERTY PLLc Grand Central on the Park 216 First Avenue South, Suite 200 Seattle, WA 98104 (206) 682-2616 On August 2, 2004, Skyway delivered to the Renton City Clerk a verified Notice of Claim by US Postal Service, certified mail, return receipt requested (Exhibit 1) On November 25, 1996, the City of Renton and Skyway entered into a Towing Letter of Agreement (Exhibit 2) The May 12, 1997 letter from Chief Alan L. Wallis (Exhibit 3) Towing Agreement signed between Skyway and City of Renton effective November 1, 2000 (Exhibit 4). On June 20, 2001, Chief Anderson sent another letter terminating the Tow Agreement (Exhibit 5). On October 24, 2001, Skyway signed a new Towing Agreement with the City of Renton effective November 1, 2001, through October 15, 2002 (Exhibit 6). On October 22, 2002, Skyway signed a new Towing Agreement with City of Renton effective October 16, 2002 (Exhibit 7). On November 7, 2003, Chief Anderson of the Renton Police Department sent a letter terminating the Tow Agreement (Exhibit 8). SELIGMANN, BECKERMAN & nAHERTY PLLC ATTORNEYS AT LAW Robert B. Beckerman* Griffith F. Flaherty Eugene D. Seligmann Willard G. Smith Jr. *Member of Washington State Bar and District of Columbia Bar July 16, 2004 City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 A Professional Limited Liability Company Suite 200 Grand Central on the Park 216 First Avenue South Seattle, WA 98104 Re: Verified Notice of Claim Injured Party: Skyway Towing & Recovery, Inc. Date of Loss: November 7, 2003 Dear City Clerk: Telephone (206) 682-2616 1-800-368-4565 Facsimile (206)682-4235 e-mail bob @sbffrm. com This letter is a Verified Notice of Claim pursuant to RCW 4.92.100 submitted on behalf of Skyway Towing & Recovery Inc. ("Skyway") against the City of Renton Police and the City of Renton ("Renton") for damages resulting from unlawful conduct of Renton as described below. Conduct and circumstances which brought about the injury or damage Skyway is a registered towing company as provided under RCW 46.55.010 (6). On October 22, 2002, Skyway and Renton; entered into a towing contract to provide towing services to the members of the Renton Police Department and other motorists. The terms of the towing contract were established in a written contract between Skyway and Renton ("Agreement') and in the Renton City Ordinance Section 10-5-1 et sequence. A copy of the Agreement is attached as Exhibit 1. The Renton Police Department purportedly regulates towing impoundment of vehicles. The Renton City Code defines "Impoundment of vehicles" as "The removal of a vehicle to a storage facility either by an officer or an authorized agent of the Renton Police Department or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Renton Police Department." (Section 10-5-1) [underline added for emphasis] The Renton City Code purportedly authorizes the impoundment of vehicles (to a storage facility), including vehicles parked without I July 16, 2004 Page 2 authorization on residential property. (See Section 10-5-2(A)(6) of the City of Renton Code.)'. The City of Renton requires that an impoundment of a vehicle, including _ private impoundment on private property, be conducted by an approved towing company at the request of an officer or authorized agent of the Renton Police Department. (See Section 10-5-3 of the City of Renton Code. )2 Neither the Agreement nor law authorizes the Renton to regulate a towing company's conduct of private impound on private property prior to removal to a storage facility. In a letter dated November 7, 2003, the Police Department terminated the Agreement with Skyway for failing to "check every vehicle's license plate and/or VIN prior to impounding the vehicle" on private impounds on private property. A copy of the termination letter is attached as Exhibit 2. The letter did not cite any legal basis for the "rule" as it applies to private impounds. As a diiect result of the termination of the Agreement, the Police Department removed Skyway from the Police Department's rotational list without notifying Skyway of its right to appeal the termination. Renton has not reinstated Skyway to the rotational list. The Renton Police actions are unlawful and violate, among others things, the procedures for termination in the Agreement, Section 10-5-13 of the Renton City Code and RCW 46.55.115. The Renton Police Department, its officials, employees and agents have made false and unprivileged communications about Skyway and its personnel which have caused financial loss and loss of business as well as damage to its reputation in the community. These unprivileged communications constitute actionable defamation under Washington law. Description of the injury and damage. Without any lawful authority, Renton has interfered with Skyway's private impounds conducted at the request of its customers. Renton has no authority under the Agreement, city or state law to conduct itself in a manner that interferes with Skyway's private customers and private impounds. The City of Renton, without any legal basis has'terminated the Agreement with Skyway in violation of the towing agreement the City of Renton Ordinance and Washington state law. ' "10-5-2 IMPOUNDMENT OF VEHICLES NOTICE A. When A Vehicle May Be Impounded Without Prior Notice: A.Vehicle may be impounded without prior notice to its owner for any of the following reasons: 6. The vehicle is parked without authorization on residential property. 2 10-5-3 How Impoundment Is To Be Effected: When impoundment is authorized by this Chapter, a vehicle may be impounded by an authorized towing company at the r request of an officer or authorized agent of the Renton Police Department. July 16, 2004 Page 3 Renton has wrongfully terminated the Agreement by failing to follow the contractual and statutory procedures. Skyway has lost a substantial amount of its business due to the unlawful termination of the agreement and due to the defamatory statements made by members of the Renton Police Department. Amount of damages claimed by Skyway Towing Skyway Towing calculates that the City of Renton's breach of agreement and other unlawful conduct have caused Skyway lost profits of approximately $9,000.00 per month since the-- unlawful termination on November 7, 2003, effective December 15, 2003. The total damages to date are estimated to be $63,000.00 plus $9,000.00 per month as future damages until Skyway is returned to its former status on the City of Renton rotational tow list. Statement of the actual residence of the claimant and at the time of presenting and filing the claim and for a period of six months preceding the claim Skyway Towing, 2960 East Valley Road, Renton, WA 98055 Yours truly, Kenneth B. Powell, President of Skyway Towing & Recovery, Inc. July 16, 2004 Page 4 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day, Kenneth B. Powell appeared personally before me as President of Skyway Towing & Recovery, Inc. and is to me known to be the individual described in and who executed the within and foregoing instrument; and who acknowledged to me that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of July, 2004 Print Name: NXQX SDF �oTARr Notary Public in and for the State of Washington, residing �" at m C � SE VX14A�� A u Ave�4e r My commission expires 3 0 RBB: ra&-\boU\Clients\Skyway Towing\Notice of CWm07l304_docj .• L]L 1 Y "r AwlN 1 VIN R Police Department -Garry C. Anderson, Chief ovaf�.�Cly �ud�d �9 Jcssc Tanncr, Mayor TOWING LETTER OF AGREEMENT FIRM NAME: Skyway Towing ADDRESS: 1201 Lind Avenue SW Renton, WA 98055 The undersigned tow operator agrees to provide towing services to the members of the Renton Police Department and other motorists when requested by the Renton Police Department, at an hourly rate (per truck class) no higher than: A & D $113.00 B: $138.00 C: $243.00 NOTE: Approved Class "E" & "S" vehicles shall have a maximum rate appropriate for its GVW R and consistent with the above schedule. Additionally, the tow operator agrees to charge a daily storage rate (as defined and computed in WAC 204-91A-140) of no more than $31.00 Hourly Labor: (personnel in excess of one driver per truck) $46 per hour. Casual Labor: Charges based on cost (must have supporting documentation) plus 25%, profit. Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting receipt) plus 20% profit. {; •tom . I• NOTE: Any additional labor and/or auxiliary equipment must have prior authorization from the legal or registered owner of the vehicle or the officer in charge at the scene per WAC 204-93A-140(d). Only the registered or legal owner of a vehicle or the officer in charge of the scene, where it is clearly apparent that additional manpower and/or equipment is needed, can authorize extra labor or equipment as outlined in WAC 204-91A-140(d). NOTE: These rate maximums shall apply whether the services are provided as a result of "primary„ or "secondary„ tows as defined in WAC 204-91A-030 (20) and (21). EMBIT 1 1055 South Grad Way - Renton, Washington 98055 Thu paw caamm 50% recYcW ma -U- -V% p" =^swn" iY . Y .yC e RENTON AHEAD OF THE CURVE Tow Letter of Agreement Page 2 Any policy the tow operator may have for charging less than the rates listed above for services performed as a result of a private call shall be applied equally to Renton Police originated calls. All such towing and storage services shall be performed in accordance with the provisions of RCW 46.55, WAC 204-91 A and WAC 308-61, Renton City ordinance, policy or regulations, as currently formulated or as may be subsequently amended. The Renton Police will call the tow operator, on a rotational basis witty -other tow operators who have signed agreements, within its jurisdictional limits. Only tow operators who have signed such agreements will be called by the Renton Police Department in this jurisdiction except for emergency situations or when a motorist has a personal preference for another tow operator. The Renton Police Department may remove a tow operator from the rotational list for 48 hours if: 1. The tow operator refuses to impound -a vehicle as requested. This agreement may be cancelled by: 1. Either the tow operator or the Renton Police Department, without cause, by providing thirty days written notice; or 2. The Renton Police Department, without notice, for confirmed tow -related criminal activity, deliberate overcharging, or failure to follow requirements outlined in applicable RCW, WAC, City Ordinance and/or other tow operator regulations, andlor procedures as currently formulated or as may be subsequently amended. This agreement is effedlive October 16, 2002, through October 15, 2003. I/WE HEREBY AGREE T THE CONDITIONS OF THIS AGREEMENT: SIGNATURE SIGNATURE DATE TITLE/FIRM NAME DATE f � V 1 14 Police Department - Garry C. Anderson, Chief November 7, 2003 -Mr. Dick Christianson Sky,vav Towing P.O. Box 506 2960 East Valley Road Renton, WA 93055 Dear Mr. Christianson: - On i'viarch 1, 1001, I sent you a iecter regarding the impoundinernt of suspected stolen vehicles. 1 identified the problems created when Skyway Towing impounds a suspected stolen vehicle from a private lot in unincorporated King Countv, then calls the Renton Police Department to recover the stolen vehicle after it has been towed to your lot. On June 4, 2001, I sent you a second letter informing you of the continued practice of Skyway Towing impounding suspected stolen vehicles without the appropriate and agreed upon notiticat'on to the law enforcement agency ofjurisdiction. You were notified that if the practice continued, I would remove Skyway towing from the Renton ?Police Department rotational tow list. After the practice continued, you were removed from the list. You agreed to participate in the Department of Licensing's VIP program to be reinstated on the rotational towing list, and were reinstated in August, 2001. Since that time, Sergeant Frazier and Commander Eldridge have had contact with you retarding these same practices. Sergeant Frazier met with your drivers on February 2, 2003, as you requested, to inforrn them on the characteristics of stolen vehicles and explain the agreement to check all suspicious or suspected stolen vehicles through the Department of Licensing VIP Program. You were notified that Skyway Towing would be required to check every vehicle's license plate and/or VIN prior to impounding the vehicle. Sk-yway Towing employees have continued to operate in a manner that is in violation of this requirement. On June 11, 2003, Skyway Towing conducted a private lot impound. A VIP check was not completed. Return information would have indicated the vehicle was stolen_ On June 21, 2003, a King County stolen (entered 6-20-03 at 12:42 p.m.) was towed to your lot for recovery on June 21, 2003 at 7:20 p.m. Your tow operator did not check this vehicle through VIPS until the operator returned to the yard. On July 2, 2003, your operator towed an obvious stolen vehicle, (passenger window broken out, and ignition damaged, case 03-6344) which you agreed would not be done. On August 13, 2003, your operator impounded a stolen vehicle out of Renton Cinema and did not call 911 to report recovery until contacted by the Renton Police Department because you had not called 911 to report it. This was a delay of over 24 hours from ne of impound (case 03-7795). CAJJ!:..71! 2 1055 South Grady Way - r Renton, Washington 98055 ® Thm piper CWMMs 50 % recydeo malenar, 30%pas1 consumer RENTON AHEAD OF THE CURVE vehicle Based on this information and the violation of your agreement to check ck suspected ve embersl�, through the Department of Licensing VIP Program prior or p win; is removed from the Renton Police Department's rotational tow 2003, Skyway ToIist. Sincerely, Garry Anderson Chief of Police (H:PDADNIIN:GA/SKYWAY3) Copy: Nlayor Tanner Deputy Chief vtilosevich Commander Eldridge Director Chris Fischer, Valley Communications .f l Y - fl­ Police Department - Alan L. Wallis, Chief Jesse Tanner, Mayor el/QEtoy dfd�Ed�¢9"✓ TOWING LETTER OF AGREEMENT FIRM NAME: SKYWAY TOWING AND RECOVERY ("Tow Operator") laot ADDRESS: 2,3M Lind Avenue SW, Renton, WA 98055 PHONE NUMBER: 226-8050 The undersigned tow operator agrees to provide towing services to the members of the Renton Police Department and other motorists when requested by the Renton Police Department, at an hourly rate (per truck class) no higher than: A,D, & E: $91.00 B: $113.00 C: $198.00 NOTE: Approved Class "S" vehicles shall have a maximum rate appropriate for its GVWR and consistent with the above schedule. Additionally, the tow operator agrees to charge a daily storage rate (as defined and computed in WAC 204-91A-140) of no more than $21. Hourly Labor: (personnel in excess of one driver per truck) $44 per hour. Casual Labor: Charges based on cost (must have supporting documentation) plus 15% profit. Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting receipt) plus 15% profit. NOTE: Any additional labor and/or auxiliary equipment must have prior authorization from the legal or registered owner of the vehicle or the officer in charge at the scene per WAC 204-93A-140(d). Only the registered or legal owner of a vehicle or the officer in charge of the scene, where it is clearly apparent that additional manpower and/or equipment is needed, can authorize extra labor or equipment as outlined in WAC 204-9IA- 140(d). NOTE: These rate maximums shall apply whether the services are provided as a result of "primary" or "secondary" tows as defined in WAC204-91A-030 (20) and (21). Any policy the tow operator may have for charging less than the rates listed above for services performed as a result of 'a private call shall be applied equally to Renton Police originated calls. All such towing and storage services shall be performed in accordance with the provisions of RCW 46.55, WAC 204-91A and WAC 308-61, Renton City ordinance, policy or regulations, as currently formulated or as may be subsequently amended. 200 Mill Avenue South - Renton, Washington 9855--- -----�--RP D 13 IZ% n.a_ _____—__—__ Tow Letter of Agreement Page 2 The Renton Police will call the tow operator, on a rotational basis with other tow operators who have signed agreements, within its jurisdictional limits. Only tow operators who have signed such agreements will be called by the Renton Police Department in this jurisdiction except for emergency situations or when a motorist has a personal preference for another tow operator. This agreement may be canceled by: 1. Either the tow operator or the Renton Police Department, without cause, by providing thirty days written notice; or 2. The Renton Police Department, without notice, for confirmed tow -related criminal activity, deliberate overcharging, or failure to follow requirements outlined in applicable RCW, WAC, City Ordinance and/or other tow operator regulations, and/or procedures as currently formulated or as may be subsequently amended. This agreement is effective November 1, 1996, through October 31, 1997. UWE HEREBY AGREE TO THE CONDITIONS OF THIS AGREEMENT: 7zzad /-1Z DATE (SS/DEG1:540) SIGNATURE TITLEMRM NAME DATE RPD 14 Police Department - Alan L. Wallis, Chief Jesse Tanner, Mayor Gl�ai�oa�y o¢ecrrio¢yEncy May 12, 1997 Treasure Payne Valley Communications Center Dear Ms. Payne: As we discussed on the phone this is your authorization to remove Skyway Tow from our rotational tow list until further notice. Should they be reinstated at a later date, you will be notified. Sincerely, Alan L. allis Chief of Police 200 Mill Avenue South - Renton, Washington 98055 R P D 15 I rouce 1JcparUnent - harry C. Anderson, C niet Jesse Tanner, Mayor dVaEton4 -4 EF oz4y--y TOWING LETTER OF AGREEMENT FIRM NAME: Skyway Towing ADDRESS: 1201 Lind Avenue SW Renton, WA 98055 The undersigned tow operator agrees to provide towing services to the members of the Renton Police Department and other motorists when requested by the Renton Police Department, at an hourly rate (per truck class) no higher than: A & D $103.00 B: $126.00 C: $222.00 NOTE: Approved Class "E" & "S" vehicles shall have a maximum rate appropriate for its GVWR and consistent with the above schedule. Additionally, the tow operator agrees to charge a daily storage rate (as defined and computed in WAC 204-91A-140) of no more than $27.50 Hourly Labor: (personnel in excess of one driver per truck) $46 per hour. Casual Labor: Charges based on cost (must have supporting documentation) plus 25% profit. Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting receipt) plus 20% profit. NOTE: ..;y additicnal !abor and/or auxiliaryequipment must have pnor authorization from the !egal or registered owner of the vehicle or the officer in charge at the scene per WAC 204-93A-140(d). Only the registered or legal owner of a vehicle or the officer in charge of the scene, where it is clearly apparent that additional manpower and/or equipment is needed, can authorize extra labor or equipment as outlined in WAC 204-91A 140(d). NOTE: These rate maximums shall apply whether the services are provided as a result of "primary" or "secondary" tows as defined in WAC 204-91A-030 (20) and (21). 1 1055 South Grady Way - Renton, Washington 98055 R P D 87 This oaoer contains 50% recvUed material. 20% MV rnn jrr r Tow Letter of Agreement Page 2 Any policy the tow operator may have for charging less than the rates listed above for services performed as a result of a private call shall be applied equally to Renton Police originated calls. All such towing and storage services shall be performed in accordance with the provisions of RCW 46.55, WAC 204-91 A and WAC 308-61, Renton City ordinance, policy or regulations, as currently formulated or as may be subsequently amended. The Renton Police will call the tow operator, on a rotational basis with other tow operators who have signed agreements, within its jurisdictional !units. Only te:r operators who have signed such agreements will be called by the Renton Police Department in this jurisdiction except for emergency situations or when a motorist has a personal preference for another tow operator. The Renton Police Department may remove a tow operator from the rotational list for 48 hours if: 1. The tow operator refuses to impound a vehicle as requested. This agreement may be cancelled by: 1. Either the tow operator or the Renton Police Department, without cause, by providing thirty days written notice; or 2. The Renton Police Department, without notice, for confirmed tow -related criminal activity, deliberate overcharging, or failure to follow requirements outlined in applicable RCW, WAC, City Ordinance and/or other tow operator regulations, and/or procedures as currently formulated or as may be subsequently amended. This agreement is effective ecave November 1, 2000, through Oci:ober 341, 2001. I/WE HEREBY A9PEET0 THE CONDITIONS OF THIS AGREEMENT• SIGNATU SIGNATURE TITLEIFIRM NAME DATE DATE �= Police Department - Garry C. Anderson, Chief Jesse Tanner, Mayor - e�Vai[ona� e><�ezi%� ogyenc y June 20,.2041 Mr_ Dick Christianson Skyway Towing 1201 Lind Avenue SW Renton, WA 98055 Dear Mr. Christianson, On March 1", 2001, I sent you a letter (attached) regarding the impoundment of suspected stolen vehicles. I identified the problems created for this department when Skyway Towing impounds a suspected stolen vehicle from a private lot in unincorporated King County, then calls the Renton Police Department to recover the stolen vehicle — after it has been towed to your lot. On June 4`h,.2001, I sent you another letter informing you of the continued practice of Skyway Towing impounding suspected stolen vehicles:without appropriate notification to the law enforcement agency of jurisdiction. Additionally, I notified you that`if the practice'coiitiiiued, I would remove Skyway Towing from the Renton Police Department impound list. On June 18`h1 2001, Skyway Towing impounded a:vehicle from private property, in the City of Renton. The vehicle damage observed by your driver_was consistent with damage occurring to stolen vehicles. The vehicle was towed to your lot (Renton Police Department Case Report #2001-5605), and later determined stolen by your driver. Effective immediately, Skyway Towing is removed from the. Renton Police Department impound list. Sincerely, Garry Anderson Chief of Police Copy: Mayor Tanner Deputy Chief Milosevich Director Chris Fischer, Valley Corn S RPD 115 1055 South Grady Way - Renton, Washington 98055 0 This paper contains 50Y.QasWled material, 20% post consumer ' wilk" Police Department - Garry C. Anderson, Chief Jesse Tanner, Mayor c4g&-Y TOWING LETTER OF AGREEMENT FIRM NAME: Skyway Towing ADDRESS: 1201 Lind Avenue SW. Renton, WA 98055 The undersigned tow operator agrees to provide towing services to the members of the Renton Police Department and other motorists when requested by the Renton Police Department, at an hourly rate (per truck class) no higher than: A & D $107.00 B: $131.00 C: $231.00 NOTE: Approved Class "E" & "S" vehicles shall have a maximum rate appropriate for its GVW R and consistent with the above schedule. Additionally, the tow operator agrees to charge a daily storage rate (as defined and computed in WAC 204-91A-140) of no more than $28.60 Hourly Labor: (personnel in excess of one driver per truck) $46 per hour. Casual Labor: Charges based on cost (must have supporting documentation) plus 25% profit. Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting receipt) plus 20% profit. NOTE: Any additional labor and/or auxiliary equipment must have prior authorization from the legal or registered owner of the vehicle or the officer in charge at the scene per WAC 204-93A 140(d). Only the registered or legal owner of a vehicle or the officer in charge of the scene, where it is clearly apparent that additional manpower and/or equipment is needed, can authorize extra labor or equipment as outlined in WAC 204-91A-140(d). NOTE: These rate maximums shall apply whether the services are provided as a result of "primary" or "secondary" tows as defined in WAC 204-91A-030 (20) and (21). RPD 150 1055 South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material. 30 % post consumer Tow Letter of Agreement Page 2 Any policy the tow operator may have for charging less than the rates listed above for services performed as a result of a private call shall be applied equally to Renton Police originated calls. All such towing and storage services shall be performed in accordance with the provisions of RCW 46.55, WAC 204-91 A and WAC 308-61, Renton City ordinance, policy or regulations, as currently formulated or as may be subsequently amended. The Renton Police will call the tow operator; on a rotational basis with other tow operators who have signed agreements, within its jurisdictional limits. Only tow operators who have signed such agreements will be called by the Renton Police Department in this jurisdiction except for emergency situations or when a motorist has a personal preference for another tow operator. The Renton Police Department may remove a tow operator from the rotational list for 48 hours if: 1. The tow operator refuses to impound a vehicle as requested. This agreement may be cancelled by: Either the tow operator or the Renton Police Department, without cause, by providing thirty days written notice; or 2. The Renton Police Department, without notice, for confirmed tow -related criminal activity, deliberate overcharging, or failure to follow requirements outlined in applicable RCW, WAC, City Ordinance and/or other tow operator regulations, and/or procedures as currently formulated or as may be subsequently amended. This agreement is effective November 1, 2001, through October 15, 2002. I/WE HEREBY AGREE T THE CONDITIONS OF THI AGREEM T: SIG ATURE SIG TURE '44� TITLE/FIRM NAME TITLE/FIRM NAME net DATE DATE RPD 151 — ^ .`t Jesse Tanner. . V! 1 In Police Department - Garry C. Anderson, Chief .=N- .t&,. y 4=F 4Ed dfy--Y TOWING LETTER OF AGREEMENT FIRM NAME: Skyway Towing ADDRESS: 1201 Lind Avenue SW Renton, WA 98055 The undersigned tow operator agrees to provide towing services to the members of the Renton Police Department and other motorists when requested by the Renton Police Department, at an hourly rate (per truck class) no higher than: A & D $113.00 B: $138.00 C: $243.00 NOTE: Approved Class "En & "S" vehicles shall have a maximum rate appropriate for its GVWR and consistent with the above schedule. Additionally, the tow operator agrees to charge a daily storage rate (as defined and computed in WAC 204-91A-140) of no more than $31.00 Hourly Labor: (personnel in excess of one driver per truck) $46 per hour. Casual Labor: Charges based on cost (must have supporting documentation) plus 25% profit. Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting receipt) plus 20% profit. NOTE: Any additional labor and/or auxiliary equipment must have prior authorization from the legal or registered owner of the vehicle or the officer in charge at the scene per WAC 204-93A-140(d). Only the registered or legal owner of a vehicle or the officer in charge of the scene, where it is clearly apparent that additional manpower and/or equipment is needed, can authorize extra labor or equipment as outlined in WAC 204-91A-140(d). NOTE: These rate maximums shall apply whether the services are provided as a result of. "primary" or "secondary" tows as defined in WAC 204-91A-030 (20) and (21). RPD 177 1055 South Grady Way - Renton, Washington 98055 — RE N T O N ® This paper contains 50 % recycled material. 30% post consumer AHEAD OF THE CURVE Tow Letter of Agreement Page 2 Any policy the tow operator may have for charging less than the rates listed above for services performed as a result of a private call shall be applied equally to Renton Police originated calls. All such towing and storage services shall be performed in accordance with the provisions of RCW 46.55, WAC 204-91 A and WAC 308-61, Renton City ordinance, policy or regulations, as currently formulated or as may be subsequently amended. The Renton Police will call the tow operator, on a rotational basis with other tow operators who have signed agreements, within its jurisdictional limits. Only tow operators who have signed such agreements will be called by the Renton Police Department in this jurisdiction except for emergency situations or when a motorist has a personal preference for another tow operator. The Renton Police Department may remove a tow operator from the rotational list for 48 hours if: 1. The tow operator refuses to impound a vehicle as requested. This agreement may be cancelled by: Either the tow operator or the Renton Police Department, without cause, by providing thirty days written notice; or. 2. The Renton Police Department, without notice, for confirmed tow -related criminal activity, deliberate overcharging, or failure to follow requirements outlined in applicable RCW, WAC, City Ordinance and/or other tow operator regulations, and/or procedures as currently formulated or as may be subsequently amended. This agreement is effective October 16, 2002, through October 15, 2003. I/WE HEREBY AGREE T THE CONDITIONS OF THIS REEMEN �t4 . SIGNATURE SIGNA70JRE TITLE/FIRM NAME DATE RPD 178 v-JL J& 1 _ V1.' In -AC -.IN 1 "IN .ALL Police Department - Garry C. Anderson, Chief Jesse Tanner, Mayor �nE�orzai� ogec¢r�iird c4q--y November 7, 2003 Mr. Dick Christianson Skyway Towing P.O. Box 506 2960 East Valley Road Renton, WA 98055 Dear Mr. Christianson: On March 1, 2001, I sent you a letter regarding the impoundment of suspected stolen vehicles. I identified the problems created when Skyway Towing impounds a suspected stolen vehicle from a private lot in unincorporated King County, then calls the Renton Police Department to recover the stolen vehicle after it has been towed to your lot. On June 4, 2001, I sent you a second letter informing you of the continued practice of Skyway Towing impounding suspected stolen vehicles without the appropriate and agreed upon notification to the law enforcement agency of jurisdiction. You were notified that if the practice continued, I would remove Skyway towing from the Renton Police Department rotational tow list. After the practice continued, you were removed from the list. You agreed to participate in the Department of Licensing's VIP program to be reinstated on the rotational towing list, and were reinstated in August, 2001. Since that time, Sergeant Frazier and Commander Eldridge have had contact with you regarding these same practices. Sergeant Frazier met with your drivers on February 2, 2003, as you requested, to inform them on the characteristics of stolen vehicles and explain the agreement to check all suspicious or suspected stolen vehicles through the Department of Licensing VIP Program. You were -notified that Skyway Towing would be required to check every vehicle's license plate and/or VIN prior to impounding the vehicle. Skyway Towing employees have continued to operate in a manner that is in violation of this requirement. On June 11, 2003, Skyway Towing conducted a private lot impound. A VIP check was not completed. Return information would have indicated the vehicle was stolen. On June 21, 2003, a King County stolen (entered 6-20-03 at 12:42 p.m.) was towed to your lot for recovery on June 21, 2003 at 7:20 p.m. Your tow operator did not check this vehicle through VIPS until the operator returned to the yard. On July 2, 2003, your operator towed an obvious stolen vehicle, (passenger window broken out, and ignition damaged, case 03-6344) which you agreed would not be done. On August 13, 2003, your operator impounded a stolen vehicle out of Renton Cinema and did not call 911 to report recovery until contacted by the Renton Police Department because you had not called 911 to report it. This was a delay of over 24 hours from time of impound (case 03-7795). RPD 257 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50% recycled material. 30% post consumer RENTON AHEAD OF THE CURVE Dick Christiansen Page 2 November.7, 2003 Based on this information and the violation of your agreement to check suspected vehicles through the Department of Licensing VIP Program prior to impound, effective December 15,. 2003, Skyway Towing is removed from the Renton Police Department's rotational tow list. Sincerely, Garry Anderson Chief of Police (H:PDADMIN:GA/SKYWAY3) .. Copy: Mayor Tanner Deputy Chief Milosevichi ` _ Commander Eldridge Director Chris Fischer; Valley Communicaon RPD 258 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING SKYWAY TOWING and RECOVERY, INC. vs CITY OF RENTON, Plaintiff(s) NO. 04-2-36526-1 KNT Order Setting Civil Case Schedule (" ORSCS) ASSIGNED JUDGE Canova 21 FILE DATE: TRIAL DATE: 11 /17/2004 05/08/2006 A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I. NOTICES NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the Summons and Complaint/Petition or (2) service of the Defendant's first response to the ComplaintlPetition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in the form required by Civil Rule 5 (CR 5). "I understand that I am required to give a copy of these documents to all parties in this case." Print Name Sign Name Order Setting Civil Case Schedule (*ORSCS) REV. 6/200 1 I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] — especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses [See KCLR 26], and for meeting the discovery cutoff date [See KCLR 37(g)]. SHOW CAUSE HEARINGS FOR CIVIL CASES [King County Local Rule 4(g)] A Confirmation of Joinder, Claims and Defenses or a Statement of Arbitrability must be filed by the deadline in the schedule. A review of the case will be undertaken to confirm service of the original complaint and to verify that all answers to claims, counterclaims and cross -claims have been filed. If those mandatory pleadings are not in the file, a Show Cause Hearing will be set before the Chief Civil or RJC judge. The Order to Show Cause will be mailed to all parties and designated parties or counsel are required to attend. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory arbitration and service of the original complaint and all answers to claims, counterclaims and cross -claims have been filed. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must pay a $220 arbitration fee. If a party seeks a trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COMPLIANCE FEES: All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Rule 41. King County Local Rules are available for viewing at www.metrokc.gov/kcscc. Order Setting Civil Case Schedule (*ORSCS) REV. 6/200 2 II. CASE SCHEDULE DEADLINE or Filing CASE EVENT EVENT DATE Needed Case Filed and Schedule Issued. Wed 11/17/2004 Confirmation of Service [See KCLR 4.1]. Wed 12/15/2004 Last Day for Filing Statement of Arbitrability without a Showing of Good Wed 04/27/2005 Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 2]. $220 arbitration fee must be paid DEADLINE to file Confirmation of Joinder if not subject to Arbitration. Wed 04/27/2005 [See KCLR 4.2(a) and Notices on Page 21. Show Cause hearing will be set if Confirmation is not filed. DEADLINE for Hearing Motions to Change Case Assignment Area. Wed 05/11/2005 [See KCLR 82(e)] DEADLINE for Disclosure of Possible Primary Witnesses Mon 12/05/2005 [See KCLR 26(b)]. DEADLINE for Disclosure of Possible Additional Witnesses Tue 01/17/2006 [See KCLR 26(b)]. DEADLINE for Jury Demand [See KCLR 38(b)(2)]. Mon 01/30/2006 DEADLINE for Setting Motion for a Change in Trial Date Mon 01/30/2006 [See KCLR 40(e)(2)]. DEADLINE for Discovery Cutoff [See KCLR 37(g)]. Mon 03/20/2006 DEADLINE for Engaging in Alternative Dispute Resolution [See KCLR Mon 04/10/2006 16(c)]. DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits Mon 04/17/2006 [See KCLR 16(a)(4)]. DEADLINE to file Joint Confirmation of Trial Readiness Mon 04/17/2006 [See KCLR 16(a)(2)] DEADLINE for Hearing Dispositive Pretrial Motions [See KCLR 56, CR 561. Mon 04/24/2006 Joint Statement of Evidence [See KCLR 16(a)(5)]. Mon 05/01/2006 Trial Date [See KCLR 401. Mon 05/08/2006 Indicates a document that must be filed with the Superior Court Clerk's Office by the date shown. III. ORDER Pursuant to King County Local Rule 4 [KCLR 4], IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and attachment on all other parties. DATFD- 11/171gnn4 n"414 to • :Le PRESIDING JUDGE Order Setting Civil Case Schedule (`ORSCS) REV. 6/200 3 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER PRIOR TO CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this Schedule. The assigned Superior Court Judge will preside over and manage this case for all pre-trial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. The following procedures hereafter apply to the processing of this case: APPLICABLE RULES: a. Except as specifically modified below, all the provisions of King County Local Rules 4 through-26 shall apply to the processing of civil cases before Superior Court Judges. CASE SCHEDULE AND REQUIREMENTS: A. Show Cause Hearing: A Show Cause Hearing will be held before the Chief Civil/Chief RJC judge if the case does not have confirmation of service on all parties, answers to all claims, crossclaims, or counterclaims as well as the confirmation of joinder or statement of arbitrability filed before the deadline in the attached case schedule. All parties will receive an Order to Show Cause that will set a specific date and time for the hearing. Parties and/or counsel who are required to attend will be named in the order. B. Pretrial Order: An order directing completion of a Joint Confirmation of Trial Readiness Report will be mailed to all parties approximately six (6) weeks before trial. This order will contain deadline dates for the pretrial events listed in King County Local Rule 16: 1) Settlement/Mediation/ADR Requirement; 2) Exchange of Exhibit Lists; 3) Date for Exhibits to be available for review; 4) Deadline for disclosure of witnesses; 5) Deadline for filing Joint Statement of Evidence; 6) Trial submissions, such as briefs, Joint Statement of Evidence, jury instructions; 7) voir dire questions, etc; 8) Use of depositions at trial; 9) Deadlines for nondispositive motions; 10) Deadline to submit exhibits and procedures to be followed with respect to exhibits; 11) Witnesses — identity, number, testimony; C. Joint Confirmation regarding Trial Readiness Report: No.later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment), etc. If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiff/petitioner's counsel is responsible for contacting the other parties regarding said report. D. Settlement/Mediation/ADR: 1) Forty five (45) days before the Trial Date, counsel for plaintiff shall submit a written settlement demand. Ten (10) days after receiving plaintiffs written demand, counsel for defendant shall respond (with a counteroffer, if appropriate). 2) Twenty eight (28) days before the Trial Date, a settlement/mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. E. Trial: Trial is scheduled for 9:00 a.m. on the date on the Schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the King County Superior Court website at www.metrokc.gov/kesc to confirm trial judge assignment. Information can also be obtained by calling (206) 205-5984. MOTIONS PROCEDURES: A. Noting of Motions _ Dispositive Motions: All Summary Judgment or other motions that dispose of the case in whole or in part will be heard with oral argument before the assigned judge. The moving party must arrange with the courts a date and time for the hearing, consistent with the court rules. King County Local Rule 7 and King County Local Rule 56 govern procedures for all summary judgment or other motions that dispose of the case in whole or in part. The local rules can be found at www.metrokc.gov/kcscc. Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the Note for Motion should state "Without Oral Argument." King County Local Rule 7 governs these motions, which include discovery motions. The local rules can be found at www.metrokc.gov/kcscc. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions Calendar. King County Local Rule 7 and King County Local Rule 94.04 govern these procedures. The local rules can be found at www.metrokc.gov/kcscc. Emergency Motions: Emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call, and without written. motion, if the judge approves. Filing of Documents All original documents must be filed with the Clerk's Office. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copy must be delivered to his/her courtroom or to the judges' mailroom. Do not file working copies with the Motions Coordinator, except those motions to be heard on the Family Law Motions Calendar, in which case the working copies should be filed with the Family Law Motions Coordinator. Original Proposed Order: Each of the parties must include in the working copy materials submitted on any motion an original proposed order sustaining his/her side of the argument. Should any party desire a copy of the order as signed and filed by the judge, a preaddressed, stamped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final orders and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form: Memoranda/briefs for matters heard by the assigned judge may not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits over -length memoranda/briefs in advance of filing. Over -length memoranda/briefs and motions supported by such memoranda/briefs may be. stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PETITIONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. PRESIDING JUDGE CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. . Staff Contact...... Community Services Peter Renner Ext. 6605 Subject: Lease of Edlund House by Vision House Exhibits: Draft Lease Agreement Issue Paper — Proposed Lease with Vision House Al a: For Agenda of: 12/6/04 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept ..... x.... Finance Dept..x... Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Negligible Total Project Budget City Share Total Project.. X SUMMARY OF ACTION: A social service agency, Vision House, has proposed to lease a City -owned house on the Edlund Property at 10130 SE Carr Road, Renton, WA 98055 for $1 per year. The original term of the lease would be for three years. Business terms include the opportunity to extend the lease in one-year increments at the end of the original three-year term; retention of termination rights with 60-day notice by both the City and the tenant; permission for Vision House to make alterations and improvements entirely at their own expense; obligation for Vision House to perform all maintenance and repairs entirely at their own expense, as well as to pay for all utilities; Vision House assumes any excise tax liability; and the obligation for Vision House to acquire and maintain liability insurance that meets City risk management guidelines. City staff has negotiated the business terms of the proposed lease. Legal and Risk Management have reviewed the proposed lease. Legal has provided an opinion that allows the use of this City -owned property by Vision House, a religiously based organization. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to sign the proposed lease with Vision House. Rentonnet/agnbill/ bh MEMORANDUM CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Don Persson, Council President Members of the Renton City Council � VIA: Kathy Keolker-Wheeler, Mayor4o FROM: Dennis Culp, Community Services Administrator STAFF CONTACT: Peter Renner, x6605 SUBJECT: Proposed Lease DATE: November 24, 2004 Issue: Should the City sign a property lease with Vision House for the Edlund house? Recommendation: Authorize the Mayor and City Clerk to sign the lease with Vision House. Background: • In June of this year, the City purchased the Edlund/Korum Property on Carr Road in unincorporated King County for future development as a park. • The 17.9-acre site is located in a densely populated area. There are two livable houses and a barn on site. The City has no immediate plans to develop the site. One of the houses fronts Carr Road at 10130 SE Carr Road, Renton, WA, 98055. • Without some form of occupancy, the house will rapidly deteriorate and will require increasing maintenance dollars until it is either torn down or developed into part of a park. • Staff considered, and rejected, finding an individual renter. The difficulties of being a landlord to someone whose background is not known to the City could require intensive management. • Two organizations, Way Back Inn and Vision House, submitted proposals to lease the Edlund house. • Way Back Inn proposed to use the house for a homeless shelter for families with children under 14. Vision House proposed to use the facility for up to five homeless men recovering from drug and/or alcohol addiction. Vision House has a zero tolerance policy towards drug and alcohol use by its program participants. A description of the program criteria is contained on Exhibit B. Exhibit C consists of a legal opinion by the City Attorney regarding the use of the Edlund house by Vision House, a religiously based organization, for their program. • Key differences between the proposals were these: o Way Back Inn suggested that the City share in construction cost and provide a larger City grant. Vision House will pay for all necessary work at no cost to the City. o Vision House was willing to accept a 3-year lease, whereas Way Back Inn expected a 5-year lease. o According to the City's Human Services Manager, the Way Back Inn proposal augments a service already in existence; however, the Vision House proposal meets a need for which there is no present service provider in the area. • The proposed lease contains the following business points: o Annual rent is $1 for a 3-year lease. The lease is automatically renewable annually in one-year extensions. o The Tenant is responsible for all construction -related costs to make the house safe and suitable for their use. o The Tenant is responsible for all repairs, maintenance, and utilities. o Termination is allowed by either party with 60-day notice. o The Tenant shall provide $1,000,000 liability insurance and shall name the City as an additional insured, and shall hold the City harmless. o The City Attorney created the lease document and City's HR and Risk Management Administrator has also reviewed these documents. Conclusion: The Edlund house has marginal future use to the City as a park structure. However, there are two advantages to leasing it to a social service agency: the community benefits from the services provided, and the avoidance of heavy annual maintenance and/or demolition costs by the City. Attachments LEASE This Lease is made and entered into this day of December, 2004, by and between the City of Renton ("City"), a municipal corporation, and Vision House ("Tenant") LEASE: The City does hereby lease to Tenant that certain real property legally described in Exhibit "A", attached hereto and incorporated by reference as if fully set forth. 2. TERM: This Lease shall be for an initial term of three (3) years from the date of signing, unless otherwise terminated pursuant to the termination section of this Lease. After the initial three (3) year term of this Lease, it shall be automatically renewed for additional one (1) year period of time, unless notice of termination is given by the City, or the Tenant, pursuant to the termination section of this Lease, such notice given at least sixty (60) days prior to the end of the term of this Lease. 3. LEASE PAYMENTS: Tenant shall pay unto the City of Renton, as lease payment, the sum of one dollar ($1.00) per year, plus any leasehold tax. Payment is due on the first day of the year, in advance. Lease payments for extended terms shall be negotiated upon extension of the lease term. 4. DUTIES OF TENANT: There are substantial tenant improvements that are necessary which will be equivalent to the value of the normal amount of rent. Tenant is responsible for all construction -related costs to make the house safe and suitable for its use. Tenant hereby agrees to comply with all applicable building and zoning codes. Tenant is responsible for all normal repairs, normal maintenance, and utility costs. -1- 5. DUTIES OF CITY: Major maintenance and repairs (i.e. building mechanical systems, foundation, structural problems) that are not the result of abuse, waste or neglect of Tenant, are the responsibility of the City. 6. TERMINATION: A. Voluntary by Tenant: Tenant may terminate this Lease, after its initial three (3) year term, by giving the City sixty (60) days notice prior to the termination date. Tenant shall also have the right to terminate this tenancy upon any extended term, by giving notice of intent to terminate the tenancy at least sixty (60) days prior to the end of any extended term. B. Voluntary by City: The City may terminate this Lease: By the giving of sixty (60) days notice of intent to terminate the Lease before the expiration of the initial three (3) year term, or any extended term. ii. If the repair costs of any major maintenance or repair project as detailed in paragraph 5 of this lease, exceed two thousand dollars ($2,000.00) from a singular incident. 7. RIGHT OF INSPECTION. Tenant will allow the City, or the City's agent, free access at all reasonable times to the premises for the purpose of inspection, or of making repairs, additions or alterations to the premises, or any property owned by or under the control of the City. The City will give Tenant notice at least twenty-four (24) hours before accessing the property. 8. INSURANCE AND HOLD HARMLESS: Tenant shall agree to hold the City harmless from any and all claims, causes of action, damages or harm otherwise caused by his occupation of the premises, including attorney's fees, and shall hold the City harmless from any -2- injury to his person or property that is placed on or allowed to go upon the property, unless caused by the negligence of the City. Tenant shall maintain liability insurance in the amount of not less than one million dollars ($1,000,000.00), naming the City as an additional insured for any damages, claims, cause of action or other actions caused by the use of the property. DATED: December , 2004. CITY OF RENTON: LIM TENANT: VISION HOUSE: LIM -3- Exhibit "A" Real proputy in the County of King, State of Washington, described as follows: Parcel A: The North Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 32, Township 23 North, Range 5 east, W.M., in IGng County, Washington. N 0 U S E a place called home SINGLE MEN'S HOME WHO WE ARE: PO Box 2951 Renton, WA 98056 425.228.6356 425.430.9590 Fax infogvision-house.org www.vision-house.org Vision House is a Christian nonprofit organization founded in 1990, providing transitional housing and support services to homeless men, women and children. The ministry operates programs at two sites and is scheduled to open a third in 2004. Our vision is to make a significant contribution to the community by reducing the homeless population in Washington State. Our hope is that the lives of these people are dramatically changed through the housing and services provided, so that they can avoid homelessness, poverty and abuse in the future. PROGRAM DESCRIPTION: The Vision House men's home exists primarily to provide a stable, supportive living environment for homeless and low-income men who are in the beginning stages of sobriety following a long-term addiction to alcohol and/or drugs. Residents may stay in the program for up to 18 months. The program is designed as a group living situation in which individuals receive help and encouragement from each other and from VH staff through case management, weekly house meeting and optional Bible study. Residents must be actively involved in a 12-step program, Alcoholics Anonymous or Narcotics Anonymous meetings. VH has a no -tolerance policy. If a resident returns to using alcohol or drugs, he is asked to leave within 24 hours. VH's goal is to coordinate the successful reintegration of these individuals back into our community through a range of services tailored to the individual's needs, which may include the following: education, life skills development, Christian counseling, discipleship, employment, outpatient treatment referrals, and the building of self-esteem. The program also helps residents to actively develop and pursue their own program of sobriety, and to support and encourage the sobriety of other house members. One resident may be designated by VH as the "House Manager" for the purpose of facilitating communication between VH, the Men's Case Manager and the house members. The House Manager will also monitor the program on behalf of VH and monitor the compliance of the residents with the program. The House Manager exercises leadership by resolving disputes between house members and listens to individual members who have problems to discuss, related to their own recovery. The importance of the weekly house meeting cannot be overstated. It not only serves to keep house members up-to-date concerning household issues, but also serves as a place to resolve personality differences between house members. It provides a forum in which peer pressure can be used to encourage each resident to work his own 12-step program of recovery. In brief, the house meeting becomes an important opportunity for house members to help each other keep on a steady course to develop a new, comfortable lifestyle that is free of alcohol and drug use. The optional Bible study is offered on a weekly basis after house meetings. The most difficult and important decision in running a recovery house lies in determining whether a resident has returned to using alcohol or drugs. The facts are considered by the residents and are taken into consideration when making a decision whether or not a relapse has occurred. If a resident has relapsed, he must leave the house within 24 hours or other time agreed upon with the Case Manager. RENT STRUCTURE: The resident agrees to pay rent equal to thirty percent (30%) of his net monthly income, and never more than the fair market value of the rental unit. Each resident also agrees to pay a percentage of the utility costs each month. The prorated utility bill and household fund will not exceed $20 per month. If thirty percent of a resident's income exceeds $325 per month, the excess over $325 is placed in a Vision House savings account each month. This money is then refunded to the resident when he transitions to permanent housing, to be used for moving expenses or other emergency needs. Verifiable information such as the name and address of the new landlord must be supplied before a check will be issued. If the resident does not provide VH with the aforementioned within 30 days the resident forfeits the funds and they will be dispensed into VH general funds. At that time those funds are no longer available to the resident. EXPECTATIONS OF HOUSE MEMBERS: 1. The primary expectation of house members is a commitment to sobriety. The use of alcohol and/or drugs by a resident will not be tolerated. 2. Violence or threats of violence to other house members, agency personnel, volunteers or the property itself is a very serious offense and may result in the immediate removal of the resident from the program. Residents will be held responsible to pay for any damage that they cause, whether intentional or accidental. 3. Visitors are welcome. Visitors must remain in the common areas of the unit, not in the bedrooms. Overnight guests are not permitted. Guests must leave by a reasonable time so that quiet hours may be maintained. Guests are expected to observe all program rules during their visit at Vision House. 4. Vision House staff will handle all disciplinary actions. Failure to comply with expectations will result in corrective action and may lead to termination from the program. It is understood that in extreme circumstances, all the corrective action steps may happen at once at the discretion of VH. 5. Resident must agree to abide by all rules and regulations, including the participation in weekly case management, weekly house meeting and timely payment of rent. ADMISSION CRITERIA: VH exists primarily to provide an alcohol/drug-free living environment for low-income and homeless people. To safeguard that environment for residents, all applicants must meet the following screening criteria: 1. Applicants must be single men with a history of alcoholism, alcohol abuse or drug abuse, or a combination of a variety of chemical abuses. 2. Applicants must have been alcohol/drug free for 28 days prior to admission. Exceptions may be made on an individual basis at the discretion of VH. Applicants will be asked to give a breath or urine sample at the time of the admission interview. 3. Applicants must have no psychological or mental health problems requiring management through the use of sedative -hypnotic drugs. Other prescribed psychotropic drugs may be permitted but must be registered with the Case Manager. 4. Applicants must have been in a treatment program within the last 12 months, and must agree to remain active in recovery through treatment, 12-step program, counseling or show other evidence of ongoing sobriety while at VH. 5. Applicants must not have felony convictions involving sex crimes or crimes of violence. Criminal history is one element used in evaluating suitability for residence at VH. 6. Applicants must be at least 18 years of age. 7. Applicants must interview with the Case Manager and the other house residents. CITY OF RElO TON .� Office of the City Attorney Lawrence J. Warren Kathy Keolker-Wheeler, Mayor Assistant City Attorneys Mark Barber Zanetta L. Fontes Ann S. Nielsen Sasha P. Alessi MEMORANDUM Whitney A. Faulkner To. Peter Renner, Facilities Director, Community Services Department From: Lawrence J. Warren, City Attorney Date: October 14, 2004 Subject: Use of Building on Edland/Korum Property by Vision House This memo is to confirm the telephone conversation we recently had about the use of the house on the Edland/Korum property by Vision House. The Mayor had concerns that there would be constitutional problems by allowing Vision House to use this property, because it is a religiously based organization. However, the services that are to be provided are humanitarian in nature and nonsectarian. Therefore, based on the various case decisions interpreting the constitution, I do not believe that there is any constitutional impediment to the City renting this building to Vision House. If you have any follow up questions, please let me know. Tt� Lawrence J. arren LJW:tmj T 10.41:46 cc: Mayor Kathy Keolker-Wheeler Jay Covington Dennis Culp Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE CITY OF RENTON COUNCIL AGENDA B Submitting Data: For Agenda of: December 6, 2004 Dept/Div/Board.. EDNSP/Strategic Planning Agenda Status Staff Contact...... Don Erickson (X-6581) Consent .............. X Public Hearing.. X Subject: Lindberg Annexation - Public Meeting to consider 10% Correspondence.. Notice of Intent Petition Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... 10% Notice of Intent Petition Information......... Certificate of Sufficiency Recommended Action: Council concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The City received a Notice of Intent petition on October 29, 2004 for a proposed 10.11-acre annexation site east of 1381h Avenue SE (Duvall Avenue NE) and north of SE 132nd Street (NE 2nd Street) in unincorporated King County. King County has certified that the petition has sufficient signatures representing 10% or more of the area's assessed value. Under state law the City is required to hold a public meeting with the proponents within 60 days of receipt of such a petition to consider whether it wants to accept the annexation as proposed, geographically modify it, or not accept it all. If Council accepts the 10% petition it will typically authorize the circulation of a 60% Direct Petition to Annex. The annexation site is currently designated Residential Single Family on the Comprehensive Plan Land Use Map and is likely to be zoned R-8, eight units per net acre, if annexed. STAFF RECOMMENDATION: Council set December 20, 2004 for a public meeting to consider the 10% Notice of Intent to Commence Annexation Proceedings Petition for the proposed Lindberg Annexation. a Rentonnettagnbill/ bh CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: November 24, 2004 TO: Don Persson, Council President City Council Members VIA:Kathy Keolker-Wheeler, Mayor FROM: Alex Pietsch, Administrator W Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Proposed Lindberg Annexation -10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent to Commence Annexation Proceedings petition for approximately 10.11 acres to the City of Renton by direct petition (Figure 1, Vicinity Map). State law requires that the Council hold a Public Meeting with annexation proponents to decide whether to accept, reject or geographically modify the proposal, whether to require the assumption of bonded indebtedness and whether to require the simultaneous adoption of zoning. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs with this recommendation, the Administration recommends that Council take the following actions (pursuant to RCW 35A.14.120): • Authorize the circulation of a 60% Direct Petition to Annex (assessed value method) for the proposed area; • Require the adoption of City zoning on the property consistent with the Comprehensive Plan land use designation for this area; and, • Require that property owners assume their proportional share of the City's existing outstanding indebtedness. BACKGROUND SUMMARY: The irregularly shaped Lindberg Annexation site has not previously been considered for annexation to Renton. It is located north of the recently annexed Carlo Annexation site and is a peninsula surrounded by the City on three of its four sides. Lindberg Annexation 10% Notice of Intent Petition November 24, 2004 Page 2 Location: The proposed 10.11-acre irregular shaped site is located between 138t' Avenue SE (Duvall Avenue NE) on the west, SE 132°a Street on the south, the City boundary on the north and a line approximately 200 feet east of the centerline of 1400, Avenue SE, on the east. The easternmost parcel is immediately across the street from the Puget Colony Homes subdivision. 2. Assessed value: The assessed value at current development is $2,364,000. 3. Natural features: The site is relatively flat west of 140t' Avenue SE with a high point of 124 feet and a low point of 119 feet on the easternmost parcel (Figure 4, Topography). The latter is traversed by a seasonal stream that flows south through Puget Colony Homes and eventually hooks up with Maplewood Creek. The latter flows south and eventually flows into the Cedar River after crossing the Maplewood Golf Course. The northern most parcel east of 1401h Avenue Se contains a King County flood control pond. The City's Sensitive Areas Maps indicate wetlands on the northern two or three parcels of this annexation. 4. Existing land uses: Existing development includes nine single-family dwellings on nine of the eleven parcels in the proposed annexation. Two of the parcels remain vacant. (Figure 3, Existing Structures) 5. Existing zoning: King County zoning is R-4. R-4 allows up to a base density of four units per gross acre, and up to six units per gross acre with incentives and transfer of density credits. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject parcel Residential Single Family (RS). Potential zoning under the RS designation includes R-8, eight units per net acre, and RMH, Residential Manufactured Homes. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility. The subject area is within both Renton's water service area and King County Water District #90. This is per agreement under the East King County Coordinated Water System Plan. A developer extension will be required to serve the site when it develops. Sewers. The area is within Renton's wastewater service area but is not currently served by sewer. Sewer exists to the west of Duvall Avenue NE and to the north in those areas already in the City. Sewers would most likely be extended by a developer extension. Surface Water. The Surface Water Utility reports that this annexation is located in the Maplewood Creek Sub -basin of the Cedar River Basin. They note that there are existing drainage problems within this sub -basin consisting of flooding, erosion due to increased stream flows, water quality and degraded fish habitat. They are recommending that the 1998 King County Surface Water Design Manual level 2-flow control and basic water quality standards be applied to any new development, or in the case of stricter City standards being developed, the latter applying. They note that surface water runoff from future development will eventually flow down to the East Fork of Maplewood Creek. Parks. The City currently lacks developed parks in this area. Maplewood Park in King County is located southeast of the annexation site at 1440' Avenue SE and SE 136 h Street. The County also owns undeveloped parkland to the north, which the City presumably would take over upon annexation in the future and develop. A one-time parks development fee for this project is estimated at $35,383. This would be an amount above what the City receives from parks mitigation fees collected at the time of new development occurs on the site. Lindberg Annexation 10% Notice of Intent Petition November 24, 2004 Page 3 Fire. The area is currently served by Fire District #25 which the City currently serves under contract. Upon annexation this service would transfer to the City. Public Works Maintenance. Maintenance staff noted that the only organized drainage within the proposed annexation along 140"' Avenue SE. There are about 360 lineal feet of 36" storm water pipeline flows south from the County flood control pond, which the City would have to maintain as well as the flood control pond itself. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: The annexation policies generally support the proposed annexation. The subject properties are within Renton's Potential Annexation Area and are subject to development pressure. (Policies LU-37 and LU-38) The area is available for urbanization under the King County Comprehensive Plan, zoning and subdivision regulations. Renton is the logical provider of urban infrastructure and services to the area. Policy LU-37 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation is adjacent to the city limits along approximately 80% of its boundary. Proposed boundaries also are generally identifiable in the field. (Policy LU-43). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; Boundaries generally follow existing City of Renton boundaries to the north, west and south. Two of these boundaries are also existing streets. C. Creation and preservation of logical service areas; Not applicable. d. Prevention of abnormally irregular boundaries; The boundaries are somewhat irregular but fill in an existing peninsula of unincorporated King County surrounded by the City on three sides. The annexation will create a more regular boundary for the City. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess often thousand population in heavily populated urban areas; Not applicable. f Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries; Lindberg Annexation 10% Notice of Intent Petition November 24, 2004 Page 4 The annexation of this peninsula of unincorporated King County will result in a more practical city boundary. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and, King County has designated this area for urban development. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Annexation area are rural or designated for long-term productive agricultural use in the King County Comprehensive Plan. CONCLUSION: The proposal is essentially consistent with City policies and Boundary Review Board objectives for annexation. No impediments to the provision of City services to the area have been identified. The fiscal analysis prepared by staff indicates a surplus of $8,580 at full development in an estimated ten years. Attachments ndberg Annexation Figure 1: Vicinity Map GtiO� Economic Development, Neighborhoods & Strategic Planning �® ♦ Alex Pietsch, Administrator J� G. Del Rosario ��N•r0� 17 November 2004 Annexation Boundary — — Renton City Limits 0 600 120* 1 : 7200 . Adberg Annexation Figure 2: Aerial map o� Econoinic Development, Neighborhoods & Strategic Planning Gti�Y Alex Pietsch. Administrator �l'NTOZ G. Del Rosario 17 November 2004 Annexation Boundary — — Renton City Limits 1 : 2400 12468 1 i 124.53 , T X X 124.95 \ I J x 22. \ X x x X/ j I 123.54 % 120,34 120.32 , X 1l 4 X121.53 X121.79 X121. 120.62 X 122.M 11 123.40 122.39 1 ;' 122.33 X.3, ��� ` , \, l 122.01 \ \ 1 X,22.55 / X,23.2, 1 \` X122.56 �1 \ ,24.x 3� \ 1X21.69 x Gl �12 .9 - 1' X120.42 \ X 1 3.�.25 122.17 X ' X 19.49 I' X ( 24 \ \ X X 118.67 t2{.04 XiTl.73 1X X X24.53 / XX i ' \ \ 1 12 I/ - 12213%"l - 121.35 J X J X 119.63 / X121.65 � X 12255 12235. 73 X123.44' _ X. 121.77 X 1 3.28' - X 118.90 X X 123.33 123.20 119.30 X X 121.95 X X 119.24 X 123.25 X 1 2.77 122.63 120.10 119. 0 118.72 124.43 X X X X X 124.45 it&81 12223 ((( 1122, 3 120.60 X X n 9. 19.53 21.47 X 124.26 121 1 .66 X 11818 X X 121.63 X2 7 ® X 118.30 123.34 X 123,46 X 123.28 X 123. X 121.27 / 120.54 X 1 51 X1 8.58 X X X 118. 18.13 X 120.46 l` X 122.69 1'. 1.02 � 121.77 1 X 118.26 X 118.06 x 122.60 1.77 11 X X X 120.58 22.72 X 118.08 I \ 121.57 X 121.55 X,18.20 idberg Annexation 0 200 400 Figure 3: Topography map Economic Development, Neighborhoods & Strategic Planning -- 1 m Interval Contour 1 : 2400 +®+ Alex Pietsch, Administrator Renton City Limits G. Del Rosario 17 November 2004 0 Annexation Boundary FEY P o C!:5 �ii i I 0 ❑ ° QD Q ,ndberg Annexation 0 200 400 Figure 4: Structure map Economic Development, Neighborhoods & Strategic Planning Structure 1 . 2400 Alex Pietsch, Administrator Annexation Boundary G. Del Rosario 17 November 2004 Renton City Limits DO ��- Q\E I W Wndberg Annexation 0 200 400 Figure 5: Sensitive Areas map zY Ot, Economic Development, Neighborhoods &Strategic Planning Wetland Boundary 1 : 2400 Alex Pietsch, Administrator Renton City Limits =�- G. Del Rosario ANTO 17 November 2004 0 Annexation Boundary LINDBERG ANNEXATION FISCAL ANALYSIS SHEET Reuen ig. ................... Units Population AV Existing dev. 9 23 $2,364,000 Full dev. 63 158 $22,050,000 Assumptions: 2.5 persons / household $263,000 AV / existing unit $350,000 AV / new SF homes Existing Full Rate Regular levy $7,470 $69,678 3.16 Excess levy $210 $1,955 0.08865 State shared revenues Rate (per cap) Existing Full Liquor tax $3.52 $80.96 $556.16 Liquor Board profits $5.04 $115.92 $796.32 Fuel tax - roads $14.46 $332.58 $2,284.68 Fuel tax - arterials $6.47 $148.81 $1,022.26 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $8.28 $56.88 Total $686.55 $4,716.30 Miscellaneous revenues Rate Existing Full Real estate excise* $40.86 $939.78 $6,455.88 Utility tax** $133.20 $1,198.80 $8,391.60 Fines & forfeits* $18.33 $421.59 $2,896.14 Total $2,560.17 1 $17,743.62 * Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.23 $5.22 $35.87 Public Defender $3.13 $72.08 $495.17 Jail $7.19 $165.42 $1,136.34 Subtotal $242.72 $1,667.37 Court/legal/admin. $57.08 $1,312.84 $9,018.64 Parks maintenance* $14.90 $342.70 $2,354.20 Police $270.00 $6,210.00 $42,660.00 Road maintenance** N/A $438.00 $2,250 Fire*** $1.25 $2,955.00 $27,562.50 Total $11,501.26 $85,512.71 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) Cane=ttiTii?CitS Parks acquisition & development (from Sheet Parks FIA): ................... .................... Other one-time costs: Total revenues Existing Full 3�}Q92:6 �€ Total ongoing costs Existing :::::$11 1..i; 6 Full iiii$656i: Net fiscal impact Full :::$$;791 $35, 383.00 Total one-time costs: :' ` .$ Revised 8-29 per Finance Memo NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) 10% PETITION — L tN �� �' ✓ ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98055 SUBMITTED BY: J-'� M Ll"o I%✓e� ADDRESS: A 0- /3� x 2 6 (o 6 P en hal U4 9 50Sb PHONE: z „ - -=�n o • 3 b� The undersigned are the owners of not less than ten percent (10%) of the assessed value of property within the proposed annexation area which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120 of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A legal description (Exhibit A) and map (Exhibit B) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation, such a proposal having been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340; and, 3. The City Council will decide whether to require the assumption of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. el I Page 1 of 2 Page 2 of 2 H:\DIVISION.S\P&TS\PLANNING\ANNEX\10% Notice of Intent (rev's).doc\DE 04/19/04 LEGAL DESCRIPTIONS FOR THE PROPOSED ANNEXATION SITE Tax ID Legal Description 152305-9207 STR 152305 TAXLOT 207 W 149.29 FT OF E 479.29 FT OF N 99FT OF S 198 FT OF SE 1/4 OF NE 114 OF NW 1/4 152305-9044 STR 152305 TAXLOT 44PP ACT 39923958 MOBILE HOME LOT 3 KCSP 676075 REC AF # 7701190691 SD PLAT 152305-9206 STR152305 TAXLOT 206 PP ACT 39924055 MOBILE HOME LOT 1 OF KC SHORT PLAT NO 882065 RECORDING NO 152305-9205 STR 152305 TAXLOT 205 LOT 2 OF KC SHORT PLAT NO 882065 RECORDING NO . 8303160822 SD SHORT PLAT DAF 152305-9222 STR 152305 TAXLOT 222 PP ACT 39924071 MOBILE HOME LOT 3 OF KC SHORT PLAT NO 882065 RECORDING NO 152305-9223 STR 152305 TAXLOT 223 LOT 223 LOT 4 LESS RD OF KC SHORT PLAT # 882065 RECORDING NO 830316-0822 SD SHORT 152305-9037 STR 152305 TAXLOT 37 S 99 FT OF S 198 FT OF SE 1/4 OF NE 1/4 OF NW 1/4 OF SD SEC LESS E 330 FT & LESS 152305-9082 STR 152305 TAXLOT 82 E 330 FT OF S 198 FT OF SE 1/4 OF NE 1/4 OF NW 1/4 LESS C/M RGTS 152305-9177 STR 152305 TAXLOT 177 N 99 FT OF S 198 FT OF SE 1/4 OF NE 1/4 OF NW 1/4 LESS E 479.29 FT LESS W 20 FT 152305-9048 LOT 1 OF KC SHORT PLAT NO 881050 RECORDING NO 8201220536 SD PLAT DAF-POR OF S 1/2 OF SW 1/4 OF NW 1/4 OF NE 1/4 LY N OF SE 132ND ST LESS E 30 FT LESS W 30 FT ` ss amino aol KG 55 .{ t •_•"`•'�""'r• e�w•.v s SCALE p%100• 70 ap s•aamarvna.. • s'" s'' "Wew KING COUNTY ASSEt,SOR au.10r••�! � e � � Iser2s7—N �si 472 b t `a — ���•---.ww, ,1• —.ate. 17 .,..�, �(z � r j � b 4' �,wE p9A rttip - ®--►il "4;J�r w... ' •li, w ` .`."" .•. a ® !' .r ar '�.. .�..L-. ..a �® 4 '® •a`® "i j LOT "a S .✓ a� I se. rM• bt 1 LOT s �► 7 J I i 00 for � I r'-• _._"_"._---•- -� tl aa••aao ewnao�a• t ! _ •� a °/ 1 r r 1OT 1 L•r a i ,� ??II Y .. I �ZT�♦ ' Ken 1'•wee"s a.. a 1 i t • Pr•' ' 1-4 I 3r �• � i Loi 4� t I :i ap :'Aor 11 of a � iVq +,J'+ i 770!lOgl © s•�' d a✓^ r a. E ✓ "p• _ .1 ` . ..!, a ,� a/7 ♦ it 02 NO sr —.—� i �• f •4 S, .� • � 1 � a a a x a.+rt ... ..+ .... � cs'�..�� �_, I ..1 J J d S 4; F. l + �' Ar 1 26 r f • 10 i A I I I�aC.f77gp ✓ s aff -a►an, �T•w•aara ...- « r • ` � - 04 .taA� r �"'^•� � m® _.2� +• � wr e I E +s 1 ''°r = 2a '� yr _ '��w.•ar—__ -- A i d d i M rI i ' araar • MA `® at14 C • -µ. « ) a D ( r • `� dial •�� Z If sr. ------------- D ✓O i 3 I r - CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of: December 6, 2004 Dept/Div/Board.. EDNSP/Strategic Planning Agenda Status Staff Contact...... Don Erickson (X-6581) Consent .............. X Public Hearing.. X Subject: Park Terrace Annexation Public Hearing Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... 60% Direct Petition Information......... Certification of Sufficiency Recommended Action: Council concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. 1a SUMMARY OF ACTION: The City is now in receipt of a certified 60% Direct Petition to Annex for the Park Terrace Subdivision annexation that is located south of NE 81h Street (SE 1201h Street), if extended, and east of Duvall Avenue NE. It abuts the City boundary on its west and south boundaries. The City met with the applicant on July 19, 2004 and at that time authorized the circulation of the 60% Direct Petition to Annex subject to petitioners agreeing to assume a proportional share of the City's existing outstanding indebtedness and future zoning consistent with the Comprehensive Plan Land Use Map designation for the site. King County certified the petition on September 27, 2004. State law requires that the Council hold two public hearings before it can rezone the subject annexation site. Staff is requesting that Council set December 20, 2004 for the first of these two required public hearings. STAFF RECOMMENDATION: Council set a public hearing date for December 20, 2004 to consider future zoning for Park Terrace Annexation and other annexation related matters. Rentonnet/agnbill/ bh CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: November 18, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: ` a Kathy Keolker-Wheeler, Mayor FROM: Alex Pietsch, Administrator W Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Park Terrace Annexation 60% Direct Petition ISSUE: Whether Council wishes to accept the 60% Direct Petition for the Park Terrace Subdivision annexation and, if it does, whether it wishes to authorize the Administration to transmit the Notice of Intent package to the Boundary Review Board for King County for their statutory 45-day review and whether it wishes to authorize the Administration to begin preparing ordinances for rezoning that are consistent with the Comprehensive Plan and effectuate the annexation? RECOMMENDATION On the basis of the following analysis, the Administration recommends that Council accept the 60% Direct Petition to Annex. If Council concurs with this recommendation, the Administration also recommends that it: • Authorize the Administration to transmit the Notice of Intent package to the Washington State Boundary Review Board for King County; • Authorize the Administration to prepare an ordinance for the rezoning of the non -street portions of the annexation site to the R-8 zone, consistent with the Comprehensive Plan; and, • Authorize the Administration to prepare an ordinance for the effectuation of the annexation itself. BACKGROUND SUMMARY: The City is now in receipt of a certified 60% Direct Petition to Annex that Council authorized at its public meeting with the applicants on July 19, 2004. Park Terrace Annexation Issue Paper November 18, 2004 Page 2 1. Location: The 7.65-acre annexation site is located south of NE 8th Street (SE 120t' Street), if extended and east of Duvall Avenue NE. It abuts the City boundary on its west and southern boundaries (Figure 1, Vicinity Map). 2. Assessed value: The assessed value based upon current development is $3,642,000. 3. Natural features: The site generally slopes down from 140`" Avenue SE to Duvall Avenue NE at about a 3% slope (Figure 3, Topography). 4. Existing land uses: Existing development includes 23 medium -to -large -lot single-family lots. Fourteen of these have houses and nine are currently vacant. (Figure 4, Existing Structures) 5. Existing zoning: King County zoning is R-4. R-4 allows a base density of four units per gross acre, and up to six units per gross acre with bonus incentives and transfer of density credits. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject parcel Residential Single Family (RS). Potential zoning under the RS designation includes R-8, 8 units per net acre, and RMH, Residential Manufactured Housing. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility. The subject area is within the water service area of Water District #90 by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from the District will be required prior to the issuance of development permits within the subject area, following annexation to the City. Sewers. The area is not currently served by sewer. Renton is the designated sewer service provider for this area. Sewers would be extended by a combination of developer extension, local improvement districts and City capital improvement projects. Surface Water. Staff notes the subject site is located in the upper Maplewood Creek Sub -basin of the Cedar River Basin. Because of existing problems with flooding, erosion and degradation of fish habitat future development in the proposed annexation site should be required to provide Level 2 flow control and Basic Water Quality treatment per the 1998 King County Surface Water Design Manual or more restrictive or equivalent City standard at that time Parks. The City has a shortfall of both neighborhood and community parkland in this area. King County owns about 39 acres of parkland, primarily undeveloped, about 3/10's of a mile to the southeast of the proposed annexation. In the past, the County has expressed an interest in conveying these properties to the City, with their annexation. Parks staff estimates a one-time cost of $19,477, above what it receives from parks mitigation fees for this project, as its proportionate share to bring area parks up to City standards. Fire. The area is currently served by the City under the contract with Fire District #25. Transportation. Staff notes that the 23 lots in Park Terrace Plat lack curbs, gutters, sidewalks or street lighting and that streets do not meet city standards for street width or pavement thickness. Staff does, however, believe that this annexation represents a logical extension of City services to the area. Public Works Maintenance. Maintenance staff noted that the only organized drainage is roadside ditches and estimate a one-time cost for repairing existing streets at $10,000. Park Terrace Annexation Issue Paper November 18, 2004 Page 3 ANALYSIS OF THE PROPOSED ANNEXATION: Consistency with the Comprehensive Plan: City annexation policies generally support the proposed annexation. The subject properties are within Renton's Potential Annexation Area and are subject to development pressure (Policies LU-378 and LU-380). The area is available for urbanization under the King County Comprehensive Plan, zoning, and subdivision regulations (Policy LU-380). Renton is the logical provider of urban infrastructure and services to the area (Policy LU-383). And, Policy LU-388 states that, in general, the greater the contiguity with the city limits the more favorable the City should look at the annexation. The area proposed for annexation is adjacent to the city limits along approximately 50% of its perimeter. Proposed boundaries are also generally identifiable in the field since the proposed annexation site is an earlier County subdivision (Policy LU-388). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would include the whole Park Terrace neighborhood. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; Boundaries follow physical features including streets and existing City edges. C. Creation and preservation of logical service areas; Not applicable. d. Prevention of abnormally irregular boundaries; The boundaries are somewhat irregular to the south but represent an existing City boundary. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. f. Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries, - Neither the existing nor the proposed boundaries are impractical. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and, King County has designated this area for urban development and it is proposed to be annexed to the City of Renton. Park Terrace Annexation Issue Paper November 18, 2004 Page 4 Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Annexation area are rural or designated for long-term productive agricultural use in the King County Comprehensive Plan. Consistency with the Comprehensive Plan Land Use Map Upon annexation the non -street portions of the subject site will need to be rezoned from the County's R-4 zone to zoning consistent with the City's Comprehensive Plan Land Use Map designation for this area. The area is currently designated Residential Single Family (RS) and would be rezoned R-8, eight units per net acre, upon annexation to be consistent with this land use designation. 4. Estimated Fiscal Impact: Based upon the full development of the existing nine vacant lots, staff estimates a net fiscal deficit of approximately $5,000 per year for this proposed annexation. Petitioners have agreed to assume their proportional share of the City's existing outstanding indebtedness. CONCLUSION: The subject site is within the City's PAA and is part of a larger peninsula which the City surrounds on three sides. Although most of the site is developed as an existing subdivision it is within Renton's sewer service area and would benefit from City services. As noted earlier, the proposal is essentially consistent with City policies and Boundary Review Board objectives for annexation. No impediments to the provision of City services to the area were identified although Community Services noted a deficiency of existing parks in the area and estimated a one-time cost of $19,477, above what the City receives from parks mitigation fees, to bring this area up to City standards. Also, Public Works estimates a one-time cost of $10,000 to bring subdivision streets up to City standards. Attachments C I -P( -fi r IR E_ i T SEP1ri PETITION TO ANNEX TO THE CITY OF RENTON ; w cr VEP UNDER RCW 35A.14.120 (60% Petition —Park Terrace Annexation) TO: THE CITY COUNCIL OF THE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 C! Ty 1�,._i-sip: Qi,-) ApplicantAy?w�jj / Address:,jfb. jp,((Zc1p / Telephone The undersigned are owners of not less than sixty percent (60%) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 on July 19, 2004. The City Council then determined that the City would accept the proposed annexation. Further, pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept the City's simultaneous adoption of zoning regulations for the subject property; (2) Accept the City's Comprehensive Plan designations as they affect the subject property; and (3) Assume their proportional share of the pre-existing City bonded indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page I of 2 SEP 1 6 ! onort WARNING: Every person who signs this petition with any other than his or her true nameoq�ttjjr ' i:-; ; ; -,FF ICE knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate) Tax Lot Legal Na. Signature and Mailing Description Date Printed Name . Address (Lot; Bloc, Plat; Assesso)r's No or other ... 1. e 2. 3. v 4. 7T,61V'IVM d _ jD -.fit, VO BX3 Avk)4 0 St-aTf 1 uOlj 6. 7. (Z111 it, L4 All 14) A (Noa -,0 aZ3D s. AM 10. Page 2 of 2 CITYC(= RE .-Fn1,I S E P ? 6 en04 WARNING: Every person who signs this petition with any other than his or her true nam(R)B knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names ofpetitioners should he in identical form as the same that appear on record in the chain of title to the real estate.) Tax Lot Legal No:. Signature and `IVrailing Description Date rimed Nam Address (Lot,:Btuc, Plat, Assessor's. P.D..soX 2 yo KiRA(1,41 o ,, l v -moo Y&4*4'55� 2. (,io44So- ©i t 3. N E SAwm gent 9805C� - t313(� 5.Sb �� � E ► . �+�►� g and �38oI �� 1Z/sr,ST &M50-- 01 / ggS6 --OISSD 7. d '�• , Lme Ja Z Z.3 /38 %'L-5� (QL{`l--O 170 ,�A - Ad- 2VIVI Al Al, iV Y�rJ 9e6 10. �� D�o `� G �-- /3871 ter_- / 2 is" -Sr i?F&IVAI 0A Page 2 of 2 EXMBTI' I Park Terrace Annexation 0 500 loon igure 1: Vicinity Map I LNISSWUSSM � 1 Y Economic Development, Neighborhoods & Strategic Planning Annexation Boundary 1 ' �" j 000 ♦ ♦ Alex Pietsch, Administrator G. Del Rosario AlyToZ 27 May 2004 EYJUIBTd' 2 PARK TERRACE ANNEXATION LEGAL DESCRIPTION The plat of Park Terrace No. 1, according to the plat thereof recorded in Volume 86 of Plats, Pages 18 and 19, records of King County; Washington; TOGETHER WITH that portion of the northeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M., lying westerly of the west line of said Park Terrace No.1, easterly of the easterly right of way margin of Duvall Ave. NE and northerly of the south line of said plat extended westerly to said easterly right of way margin of Duvall Ave NE; and TOGETHER WITH the west 30 feet (140t' Ave SE) of the northwest quarter of the southeast quarter of said Section 10, lying northerly of the south line of the plat of Mc Clain Addition, according to the plat thereof, recorded in Volume 59 of Plats, Page 61, records of King County, Washington. All situate in the southeast quarter and the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. (S) King County Department of Assessments King County Administration Bldg. 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessor.Wb@metroke.gov www.metroke.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted September 20, 2004 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Park Terrace Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 27th day of September, 2004 Scott Noble, King tounty Assessor ;y. CITY OF RENTON COUNCIL AGENDA BILL Al # : Submitting Data: For Agenda of.- Dept/Div/Board.. Finance & IS Department December Staff Contact...... Victoria Runkle, Administrator Agenda Status Consent .............. Public Hearing.. Subject: Correspondence.. 2004 Year End Budget Adjustments Ordinance Ordinance ............. Resolution ............ Old Business........ New Business....... Exhibits: Issue Memorandum Study Sessions...... Ordinance Information......... 2004 X X Recommended Action: Approvals: Legal Dept......... X Refer to Finance Committee. Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $13,213,500 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Staff presents the 2004 Year End Budget Adjustments Ordinance, also known as the clean up ordinance. This Ordinance adjusts the 2004 Budget with monies from prior approved actions and other expenditures to address the costs of operating the City. Offsetting revenues are available from fund balance, new revenues, and transfer of funds. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. H:\FINANCE\ADMINSUP\01_AgendaBills\2004_Year End Budget Adjustments Ordinance (clean up ord).doc City of Renton Finance & Information Services Department MEMORANDUM DATE: November 29, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor O FROM: Victoria Runkle, Administrator, Finance & IS Department STAFF CONTACT: Victoria Runkle, x6858 SUBJECT: 2004 Year End Budget Adjustments Ordinance (Clean Up Ordinance) ISSUE To meet final budget commitments and ensure that all funds are within expenditure limits at year end, we must reappropriate fund balances to various funds and departments before the end of the year. RECOMMENDATION Approve the 2004 Year End Budget Adjustments Ordinance in the amount of $13,213,500. BACKGROUND SUMMARY The attached ordinance is commonly referred to as the "Clean Up" ordinance. Each year we review the financial issues of departments and funds. Generally, as long as there is enough appropriation authority at the fund level to address any outstanding department issues, the budgets are left unchanged. However, legally, all funds must end the year spending no more than their appropriation authority. If there are any concerns, it is best to appropriate monies to ensure departments are below their appropriation levels. In addition, there are actions the Council takes throughout the year to allocate budgets for various projects. At year end, the budgets must reflect those actions. Further, at this point of the year, most of the information should be familiar. There are always some additional issues that need to be discussed, as is the case this year. This year we are creating four additional funds in the ordinance: • Parking Garage Maintenance Fund: We actually created this fund in the 2004 Budget, but we did not note it in the Budget Ordinance as a new fund and want to ensure we have a historical beginning to the fund. • Fire Memorial Fund: We receive cash contributions and donations from various citizens for services rendered. We began a fund to ensure we can account for the contributions. We are not recommending any expenditure from this fund. • 2004 Water/Sewer Bond Fund: This fund is to account for the proceeds of the newest bond issue. Due to arbitrage compliance regulations, we now must create a fund each time we sell bond issues. This fund will account for the interest paid and interest earned on the bond proceeds. • LEOFF I Retirees Healthcare Insurance Fund: As discussed during the Budget process, we are going to create a new fund to separate retiree health care costs from active employee costs. TO: Don Persson, Council President VIA: Kathy Keolker-Wheeler, Mayor SUBJECT: 2004 Year End Budget Adjustments Ordinance (Clean Up Ordinance) November 29, 2004 Page 2 of 6 OVERVIEW The following table illustrates the changes requested by fund: Department January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget 000 General Fund $ 48,442,400 Fire Department — EOC Projects $ 103,300 Non -Departmental — Olympic Pipeline $ 81,100 Non -Departmental — Transfer to Insurance Fund $ 250,000 2004 Final Budget $ 48,876,800 104 CDBG Fund $ 332,100 Multi -Services $ 30,000 2004 Final Budget $ 362,100 110 Hotel/Motel Fund $ 200,000 Renton Visitors Center $ 3,500 Marketing Campaign $ 12,000 2004 Final Budget $ 215,500 215 LTGO Misc. Fund $ 2,105,900 Arbitrage Fees $ 150,000 2004 Final Budget $ 2,255,900 219 UGOB Senior Housing Fund $ 511,500 Arbitrage Fees $ 25,000 2004 Final Budget $ 536,500 303 CD Mitigation Fund $ 1,225,000 Edlund Property Closing Costs $ 50,000 2004 Final Budget $ 1,275,000 304 Fire Mitigation Fund $ 1,142,100 Fire Station #12 Construction $ 454,200 2004 Final Budget $ 1,596,300 402 Airport Fund $ 1,896,700 Apron C $ 421,000 2004 Final Budget $ 2,317,700 451 W/S Revenue Bond Fund $ 2,518,400 Arbitrage Fees $ 50,000 Debt Service Interest $ 45,000 2004 Final Budget $ 2,613,400 4812004 WS Bond Fund $ 0 Bond Proceeds $ 10,575,000 2004 Final Budget $ 10,575,000 522 Insurance LEOFFI Retirees Fund $ 0 Transfer from Insurance Fund $ 713,400 Transfer from General Fund $ 250,000 2004 Final Budget $ 963,400 TOTAL BUDGET ADJUSTMENT $ 13,213,500 TO: Don Persson, Council President VIA: Kathy Keolker-Wheeler, Mayor SUBJECT: 2004 Year End Budget Adjustments Ordinance (Clean Up Ordinance) November 29, 2004 Page 3 of 6 To make the process easy, all of these costs will be funded with available fund balances. However, we received over $100,000 from Olympic Pipeline and another $100,000 from various grants, which will meet the requirements of the Fire Department and the Non -Departmental costs associated with the Olympic Pipeline break. Outlined below are the descriptions of each request. The original budget and the new adjusted budget are provided for each request. General Governmental Funds. Fire Department EOC Protects. The Fire Department has received various grants throughout the year to help equip the Emergency Operations Center (EOC), also known as the Emergency Communications Center (ECC). These grants helped purchase technology and paid some training costs for the organization. Non -Departmental — Olympic Pipeline. We received approximately $109,000 from Olympic Pipeline as a reimbursement for all of our costs associated with the pipeline break in May. Since we were the primary agency, we had to reimburse several other organizations for their costs. The reimbursement to other agencies was $81,000. We paid these costs from the Non -Departmental budget after we received the check from Olympic Pipeline. A budget adjustment is needed for the reimbursement process. Transfer to the Insurance Fund. As we have discussed, we have three LEOFF I firefighters in nursing home care. We are working to define the actual numbers. At this point we want to make certain that after we charge all the costs to the new fund, that we have appropriation authority to meet those requirements. We anticipate the true costs will be less than the fund amount. We will transfer only the actual amount needed to meet costs. We will report costs in the year end report. Fund January 1, 2004 Adopted Bud et Increase/Decrease 2004 Final Adjusted Budget 000 General Fund $ 48,442,400 Fire Department — EOC Projects $ 103,300 Non -Departmental — Olympic Pipeline $ 81,100 Non -Departmental — Transfer to Insurance Fund $ 250,000 2004 Final Budget $ 48,876,800 Community Development Block Grant Fund (104) Additional grant funds were awarded in 2004. The budget will increase to reflect the new grant award revenue. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget CDBG $ 332,100 Additional Grant Award 2004 Final Budget $ 30,000 $362,100 TO: Don Persson, Council President VIA: Kathy Keolker-Wheeler, Mayor SUBJECT: 2004 Year End Budget Adjustments Ordinance (Clean Up Ordinance) November 29, 2004 Page 4 of 6 Hotel Motel Fund (110) The Advisory Board approved these costs. There is over $200,00 in available fund balance. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget Hotel Motel $ 200,000 Renton Visitor Center $ 3,500 Marketing Campaign $ 12,000 2004 Final Budget $ 215,500 Limited Term General Obligation Bond Fund (215) One of our major projects this year was to ensure that all bond debt issues are compliant with Internal Revenue Service rules and laws. This work must be completed every five years and each bond issue must be reviewed. We will be happy to brief you about the final reports on compliance and about the reports we must file with the IRS. The compliance review is a very in depth study process that requires the help of a certified company to complete the work. The expenditures are in all debt service funds. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget LTGO $ 2,105,900 Arbitrage Fees $ 150,000 2004 Final Budget J $ 2,255,900 Unlimited Term General Obligation Bond Fund (219) An arbitrage compliance study was completed on this fund. We generated too much investment interest on these bonds and had to pay the IRS about $13,000 in investment earnings. The fund has more than enough cash to pay this cost. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget UTGO $ 511,500 Arbitrage Fees $ 25 000 2004 Final Budget 1 $ 536,500 Community Development Impact Mitigation Fund (303) The additional budgeted amount is a rounded amount. We had to pay for closing costs above the purchase price. The actuals are expected to be approximately $30,000. The monies come from fund balance and any amount not used for these costs will return to fund balance. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget CD Mitigation Fund $ 1,225,000 Edlund Property Closing Costs $ 50,000 2004 Final Budget i i 1$ 1,275,000 TO: Don Persson, Council President VIA: Kathy Keolker-Wheeler, Mayor SUBJECT: 2004 Year End Budget Adjustments Ordinance (Clean Up Ordinance) November 29, 2004 Page 5 of 6 Fire Impact Mitigation Fund (304) The Council approved the close out of the project in July of this year. This increase to appropriation authority covers the costs that were approved. However, the correct carry forward amount was not budgeted at the beginning of the year. This amount is in the fund balance and does not increase any expenditure not previously approved. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget Fire Mitigation Fund $ 1,142,100 Fire Station #12 Construction $ 454,200 2004 Final Budget $ 1,596,300 Airport Fund (402) The Airport has grants for these capital costs. We are budgeting this amount to ensure we can track the full costs of this major capital project. Council has approved the increase in spending authority. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget Airport Fund $ 1,896,700 Apron C $ 421,000 2004 Final Budget 1 $ 2,317,700 Water/Sewer Revenue Bond Fund (451) This fund has two minor changes. The first is for the arbitrage compliance study on all the bond proceeds we have issued since 1977. The second request is for a debt service interest payment to pay for interest paid on the 2004 bonds issued in November. Interest is paid twice a year and is due on December 15. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget W/S Revenue Bond Fund $ 2,518,400 Arbitrage Fees $ 50,000 Debt Service Interest $ 45,000 2004 Final Budget 1 $ 2,613,400 2004 Water/Sewer Bond Fund (481) Arbitrage compliance has made our accounting somewhat more difficult. We must account for the interest paid and the interest earnings on all bond issues. After spending significant time with our arbitrage consultant, we decided to create a separate fund for each bond issue, which will be the easiest way to address this requirement. The separate funds are legally subfunds of Fund 421, and we will be able to track revenues and expenditures in more detail. We will reimburse Fund 421 for capital expenditures. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget 2004 W/S Bond $ 0 Arbitrage Fees $ 10,575,000 2004 Final Budget 1$ 10,575,000 TO: Don Persson, Council President VIA: Kathy Keolker-Wheeler, Mayor SUBJECT: 2004 Year End Budget Adjustments Ordinance (Clean Up Ordinance) November 29, 2004 Page 6 of 6 Insurance LEOFF I Retirees Fund (522) As stated in the overview, we are doing several things with these costs. First, we are going to move the actual LEOFF I health care costs from our Active Employees Health Care Fund to this fund. These costs are budgeted at $713,400. We will add to this Fund to ensure that we can meet the actual costs. We will know all actual expenditures by the end of the year. We should be able to have an estimate of the actual costs by the time we meet with the Finance Committee. Again, we will transfer only the amount that is actually needed. We have estimated higher than what we believe will be the actual costs. Fund January 1, 2004 Adopted Budget Increase/Decrease 2004 Final Adjusted Budget Insurance LEOFF I Retirees $ 0 Transfer from Insurance Fund $ 713,400 Transfer from General Fund $ 250,000 2004 Final Budget 1 $ 963,400 SUMMARY In addition to these changes to the total 2004 Budget, the car allowance for the Mayor, which allowance adopted by ordinance. we have two additional sections. The first authorizes. vas adopted earlier this year. This change must be The second change is adding two positions in the Police Department, as was approved as an experiment, to cover for extended military leave absences. We are tracking these positions very carefully. We used one position for approximately three months; however, the position is now vacant since we are moving the employee into a permanent position. Any position increase must be adopted by ordinance. The ordinance makes this experiment official. All of these increases reviewed in this memorandum have been discussed in some other format, with the exception of the arbitrage expenses. The arbitrage project had never been accomplished before and the study findings were bigger than we had expected. However, the findings were not as large as has been experienced by other cities. We have available fund balance in all cases. The fund balance review at this point of the year is not helpful since we are close to year end. In less than a month, the year end actuals will tell us a better story. We look forward to discussing these issues with you. VAR/LP/SD/dlf Attachments, as stated cc: Jay Covington, CAO Derek Todd, Assistant to the CAO Bonnie Walton, City Clerk Linda Parks, Fiscal Services Director Sylvia Doerschel, Finance Analyst Supervisor — Budget H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\2004_Clean Up Issue Paper.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. Z)R444vtr AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON PROVIDING FOR THE 2004 YEAR END BUDGET ADJUSTMENTS. SECTION I. The following funds are hereby amended as follows: Fund No. Fund Description 2004 Adjusted Budget Budget Adjustment 2004 Amended Budget 000 General Fund $48,442,400 $434,400 $48,876,800 104 Community Development Block Grant Fund 332,100 30,000 362,100 110 Hotel/Motel Fund 200,000 15,500 215,500 215 LTGO Misc Fund 2,105,900 150,000 2,255,900 219 UGOB Sr Housing Fund 511,500 25,000 536,500 303 CD Mitgation Fund 1,225,000 50,000 1,275,000 304 Fire Mitigation Fund 1,142,100 454,200 1,596,300 402 Airport Fund 1,896,700 421,000 2,317,700 451 W/S Revenue Bond 2,518,400 95,000 2,613,400 481 2004 W/S Bond Fund 0 10,575,000 10,575,000 522 Insurance LEOFF I Retirees Fund 0 963,400 963,400 TOTAL ADJUSTMENTS $13,213,500 SECTION II. The monies for the budget adjustments shown in Section I are derived from available fund balances or increased revenues. SECTION III. There is hereby created a Parking Garage Maintenance Fund (007) to account for the operational and maintenance costs of the downtown parking garage; a Fire Memorial Fund (010) to account for contributions received from citizens for specific fire related purposes; a 2004 Water/Sewer Bond fund (481) to account for the bond proceeds under IRS arbitrage compliance rules; and a LEOFF I Retirees Healthcare Insurance Fund (522) to account for the costs directly related to LEOFF I retirees. SECTION IV. There is hereby approved a vehicle allowance payment to the Mayor for repayment of city business usage of the Mayor's personal vehicle. H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2004 Year End Budget Adjustments.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. 1IR4P SECTION V. There is hereby created two additional positions in the Police Department to maintain the current level of service when regular officers are on long-term military assignments. SECTION VI. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Bonnie Walton, City Clerk day of Kathy Keolker-Wheeler 2004. 2004. H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2004 Year End Budget Adjustments.doc CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Victoria Runkle, Administrator Subject: Interlocal Agreement for Sales Tax Streamlining Legislation Lobbyist Services Exhibits: Issue Paper Draft Resolution Interlocal Agreei Recommended Action: Council Concur A]#: �1 For Agenda of: December 6.2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The State's Department of Revenue has introduced legislation to change the sales tax allocation from origin -based to destination -based. The legislation is known as Sales Tax Streamlining. If this change is made to how sales tax is allocated, it will result in a loss of revenue to the City of Renton of $900,000 to $1.2 million. Affected cities have decided to enter into an Interlocal Agreement regarding payment and supervision of sales tax sourcing lobbyists with the goal of obtaining mitigation of the impacts of Sales Tax Streamlining. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the proposed Resolution, which Resolution authorizes the Mayor and City Clerk to enter into an Interlocal Agreement with the City of Kent and other cities for payment and supervision of sales tax sourcing lobbyist services. X H:\FINANCE\ADMINSUP\01_AgendaBills\SSS Interlocal Agreement Resolution.doc o io CITY OF RENTON Finance & Information Services Department MEMORANDUM DATE: November 19, 2004 TO: Don Persson, Council President Member of the Renton City Council VIA:�Kathy Keolker-Wheeler, Mayor FROM: Victoria Runkle, Finance & Information Services Administrator SUBJECT: Interlocal Agreement for Sales Tax Streamlining Legislation Lobbyist Services ISSUE: We have briefed Council on several occasions that Renton has been working with other Washington cities to find a solution to the State's effort to change the sales tax allocation from origin -based to destination -based. This effort is known as Sales Tax Streamlining. If the change is made to how sales tax is allocated, it will result in a loss of revenue to the City of Renton of $900,000 to $1.2 million. After conferring with other cities that will also lose a significant amount of revenue from such an allocation change, we decided to hire two lobbyists, in addition to Doug Levy, to help us develop alternatives and to come to a solution with the State Legislature. RECOMMENDATION: Staff recommends that the City Council adopt the proposed Resolution, which Resolution authorizes the Mayor and City Clerk to enter into an Interlocal Agreement with the City of Kent and other cities for payment and supervision of sales tax sourcing lobbyist services. A copy of the Interlocal Agreement is attached. BACKGROUND SUMMARY: Through the summer, several affected cities worked together to identify a way to implement the sales tax allocation change over time, including mitigation. Several options were analyzed by these cities, led by a facilitator from the Association of Washington Cities. This effort was not successful. We then met to adopt several courses of action. The first action was to ask affected cities to contribute to the effort. We have since collected $50,000 from 12 cities. A task list was also developed. One task is to hire additional lobbyists to help us articulate our issues with the State Legislature. We need to make TO: Don Persson, Council President Member of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor SUBJECT: Interlocal Agreement for Streamlining Sales Tax Lobbyist Services November 19, 2004 Page 2 of 2 certain everyone understands that we have three different options to mitigate the losses. However, none of the options were acceptable to the cities of Seattle, Newcastle, and Federal Way. The cities that are against mitigating our losses include Tacoma and Seattle. These cities have full time lobbyists, so we also want to ensure that our side of the debate is well articulated and represented. The City of Kent will hire two lobbyists. The $50,000 will offset the costs for the lobbyists. We will use a significant amount of the collected funds for these services. The City of Renton added $5,000 to this effort. All of the contributing cities have put in $1,000 to $5,000 each (depending on their estimated tax revenue loss) toward this effort. Renton may need to contribute an additional $5,000 to the effort. We have hired legal counsel to answer questions about the legality of one of our concepts for litigation. We also hired a big four accounting firm to review our mitigation model for accuracy. We want to ensure that the issues are known when we talk to the State Legislature. Doug Levy will continue working with us on this issue and others. The effort is focused on the State Legislature for two reasons. First, it appears that the push for this change is coming from the Department of Revenue (DOR) and they have several State Legislators who want to begin a discussion of tax structure. The second reason is that we cannot work with the Governor at this point for obvious reasons. We need to work with the Legislature now, and then work with the Governor -elect. CONCLUSION: Without any mitigation measures, the City of Renton will lose up to $1.2 million by a change to destination -based sales tax allocation. The DOR identifies Renton's loss at more than $900,000. We have developed an interesting option to mitigate the impacts. The option would increase the State's overhead costs to 4 percent from the current 2 percent, and requests that the difference be used to mitigate the losses. However, we must first review this option with the Legislators to find an area of agreement. VAR/dlf Attachment, as stated cc: Jay Covington, CAO Derek Todd, Assistant to the CAD Bonnie Walton, City Clerk Linda Parks, Fiscal Services Director H:\FINANCE\ADMINSUP\02_lssuePapers_memos to Council or Mayor\sst interlocal agreement.doc CITY OF RENTON WASHINGTON 4?4440tr RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF KENT FOR PAYMENT AND SUPERVISION OF SALES TAX SOURCING LOBBYIST SERVICES. WHEREAS, the City of Renton has been working with a significant number of cities on the issues related to changing the sales tax allocation from one of origin based to a destination based system; and WHEREAS, the City of Renton supported an Association of Washington Cities effort this past summer to find a solution to the sales tax sourcing issues; and WHEREAS, no outcome was agreed upon that would mitigate the City of Renton from losing sales tax revenue of $1,000,000; and WHEREAS, the cities that have built their economic base on industrial and warehouse businesses, and cities use sales tax revenue to pay for basic services that include street maintenance, public safety, and parks. And, the cities will experience a significant loss of revenue from the recommended sales tax reallocation changes; and WHEREAS, these cities have decided to spend more time talking to legislators about these issues and some mitigation options developed over the summer; NOW THEREFORE, THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: RESOLUTION NO. 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 Interlocal Agreement between the City of Renton and the City of Kent to hire lobbyist services in regards to this matter; and to permit the City of Kent to supervise and pay for the stated lobbyists. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Bonnie Walton, City Clerk 2004. day of , 2004. Kathy Keolker-Wheeler, Mayor 2 H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\SST Interlocal Agreement Resolution.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITIES OF AUBURN, BOTHELL, BURLINGTON, COLLEGE PLACE, EVERETT, ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND, RENTON, SEDRO-WOOLEY, TUKWILA, AND WOODINVILLE, REGARDING PAYMENT AND SUPERVISION FOR SALES TAX SOURCING LOBBYIST SERVICES THIS INTERLOCAL AGREEMENT ("Agreement) is entered into between the CITY OF KENT, ("Kent") and the Cities of AUBURN, BOTHELL, BURLINGTON, COLLEGE PLACE, EVERETT, ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND, RENTON, SEDRO-WOOLEY, TUKWILA, WOODINVILLE, and other cities that later join this Agreement (collectively, the "cities"). RECITALS 1. The cities are public agencies as defined by Ch. 39.34 of the Revised Code of Washington, and may enter into interlocal agreements on the basis of mutual advantage to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. 2. The cities have determined that proposed legislation intended to be presented to the state legislature in 2005, commonly referred to as "Sales Tax Streamlining" ("SST") legislation, poses a real economic threat to their tax structure and revenue base. 3. The potential revenue loss that this legislation may cause is so severe that the cities have determined to hire one or more lobbyists to monitor SST legislation and to assist the cities to develop and propose alternative legislation. NOW THEREFORE, in consideration of the terms and provisions contained herein, the cities agree as follows: AGREEMENT 4. Purpose. It is the purpose of this Agreement to collectively pay for the lobbying services needed to represent the cities' interests in any proposed SST legislation. 5. Duration. This Agreement will take effect on the last date entered under the signature blocks listed at the end of this Agreement. Unless terminated by any party in accordance with Section 8, Termination, this Agreement shall remain in full force and effect for not more than three (3) years. This Agreement may be extended by mutual written agreement of the parties. SST LOBBYIST INTERLOCAL AGREEMENT Page l of 11 6. Administration of Agreement. Kent will administer this Agreement to carry out its purpose. Kent, through an independent contractor, will provide the lobbying services addressed in this Agreement, and will be responsible for compliance with all laws, rules, and regulations, specifically including, without limitation, complying with all reporting requirements of the Washington State Public Disclosure Commission. A general description of these services is attached and incorporated as Exhibit A. 7. Payment. In consideration of this Agreement and the administrative services provided by Kent, each participating city will pay Kent its proportionate share for lobbying services obtained by Kent. 7.1 The proportionate share of each city shall be equal to the proportionate share of all other participating cities regardless of the city's population. 7.2 The projected quarterly cost of services described in Exhibit A is $25,800, which amount includes maximum allowable reimbursement expenses. There are currently fourteen (14) cities that wish to participate in this Agreement. Therefore, based upon the current estimate of the quarterly cost of services, and the number of cities currently participating in this Agreement, each city will contribute an equal amount of these costs per quarter based on the number of participating cities. This is the maximum monthly amount to be paid under this Agreement and shall not be exceeded without the prior written authorization of the participating cities. 7.3 In the event additional cities join this Agreement, the proportionate share of each city shall be reduced accordingly. In the event fewer cities participate in this Agreement or a city or cities terminate their participation, the proportionate share of each remaining participating city shall increase accordingly. 7.4 Kent will deliver a quarterly invoice to the participating cities, which will be due and payable to Kent no later than forty-five (45) calendar days from the date of billing. Kent intends to commence lobbying services on November 15, 2004. The first quarterly billing statement shall be based on the services provided between the dates of November 15, 2004, and December 31, 2004. 7.5 While it is recognized that some cities may not be able to sign this Agreement before November 15, 2004, it is agreed that the cities will benefit from the services provided as of November 15. Therefore, it is presumed that a city which enters and signs this Agreement agrees to pay for: services performed as of November 15, 2004, regardless of the date of signing. SST LOBBYIST INTERLOCAL AGREEMENT Page 2 of I I 8. Termination. 8.1 Termination by Notice. Any participating city may terminate its participation in this Agreement by providing at least thirty (30) calendar days prior written notice to all other participating cities. The terminating city must pay the full share of fees due for the quarter within which the withdrawal becomes effective, even if the terminating city does not use or benefit from those services for the entire quarterly period. Except as provided in section 8.2, the termination of participation by a city shall not result in the termination of this Agreement with respect to the other cities. 8.2 Termination by Mutual Written Agreement. This Agreement may be terminated at any time by mutual written agreement of a majority of the then participating cities. 8.3 Termination by Expiration of Term. In any event, this Agreement will terminate three (3) years from its effective date. 8.4 Distribution of Assets upon Termination. It is not anticipated that any assets will be acquired as a result of participating in this Agreement. If, however, any assets are acquired with joint funds of the cities, those assets will be equally divided among the cities at the asset's fair market value upon termination. The value of the assets shall be determined by using commonly accepted methods of valuation. 9. Miscellaneous. 9.1 Amendments. This Agreement may only be amended by mutual written agreement of the participating cities. 9.2 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. 9.3 Interpretation. The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. 9.4 Ownership of Property. Any property owned and used by Kent in connection with this Agreement shall remain the property of Kent, and any property owned and used by any other participating city shall remain the property of that city, unless otherwise specifically provided for in this Agreement. 9.5 Notice. All communications regarding this Agreement will be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice will become effective upon SST LOBBYIST INTERLOCAL AGREEMENT Page 3 of 11 personal service or three (3) business days after the date of mailing by registered or certified mail, and will be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or any other address if later specified in writing. 9.6 Counterparts. This Agreement may be entered into any number of counterparts which, when taken collectively, will constitute one entire agreement. 7. Ratification and Confirmation. All acts taken prior to the effective date of this Agreement that are consistent with the intent and purpose of same are hereby ratified and confirmed, retroactive to November 15, 2004. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. AUBURN: KENT: CITY OF AUBURN CITY OF KENT By: By: (signature) Print Name: Print Name: Jim White Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (telephone) (_) _- (telephone) (facsimile) �) _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SST LOBBYIST INTERLOCAL AGREEMENT Page 4 of 11 BOTHELL: BURLINGTON: CITY OF BOTHELL CITY OF BURLINGTON By: By: (signature) (signature) Print Name: Print Name: Its Its (Title) (rifle) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (telephone) (_) _ (telephone) (facsimile) () _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SST LOBBYIST INTERLOCAL AGREEMENT Page 5 of 11 COLLEGE PLACE: CITY OF COLLEGE PLACE LIM (signature) Print Name: Its (Title) DATE: EVERETT: CITY OF EVERETT By: Print Name: Its DATE: (signature) (Title) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (telephone) �) _- (telephone) (facsimile) �) _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SST LOBBYIST INTERLOCAL AGREEMENT Page 6 of I 1 ISSAQUAH: OLYMPIA: CITY OF ISSAQUAH CITY OF OLYMPIA By: By: (signature) (signature) Print Name: Print Name: Its Its (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (_) - (telephone) (telephone) (facsimile) (_) _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SST LOBBYIST INTERLOCAL AGREEMENT Page 7 of 11 PUYALLUP: REDMOND: CITY OF PUYALLUP CITY OF REDMOND By: By: (signature) (signature) Print Name: Print Name: Its Its ('Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (telephone) (_) _ (telephone) (facsimile) �� _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SST LOBBYIST INTERLOCAL AGREEMENT Page 8 of I I RENTON: CITY OF RENTON (signature) Print Name: Its (Title) DATE: SEDRO-WOOLEY: CITY OF SEDRO-WOOLEY By: (signature) Print Name: Its (Title) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (telephone) () - (telephone) (facsimile) (_� _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: SST LOBBYIST INTERLOCAL AGREEMENT Page 9 of l 1 TUKWILA: WOODINVILLE: CITY OF TUKWILA CITY OF WOODINVILLE By: By: (signature) (signature) Print Name: Print Name: Its Its (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (telephone) (_) _- (telephone) (facsimile) L� _- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: P:\CiviMTTORNEYS\Pat\SST.Lobbylntalocal.l 11004.DRAF r.doc SST LOBBYIST INTERLOCAL AGREEMENT Page 10 of I I EXHIBIT "A" — GENERAL SCOPE OF SERVICES A. Provide general lobbying assistance to the City of Kent and cities working in coalition with Kent, regarding the issue of "Streamlined Sales Tax" (SST) — and particularly with regard to the local sales tax "sourcing" provisions of SST. B. Assist the City of Kent, and cities working in coalition with Kent, with development of an overall strategy and plan related to legislation, stakeholder outreach, informational materials, and financial modeling. C. Participate in strategy sessions and discussions regarding the SST/sourcing issue with officials of the City of Kent and other cities working in coalition with Kent, prior to the start of the 2005 Session of the Washington State Legislature. D. Attend meetings with key state legislators that may take part prior to the start of the 2005 Session of the Washington State Legislature. E. Represent the interests of Kent and other cities working in coalition with Kent, on SST/sourcing in Olympia, particularly with regard to: communication with legislative leadership; lawmakers who chair and/or have membership of fiscal committees with jurisdiction over the SST/sourcing issue; the Governor's Office and Office of Financial Management; the State Department of Revenue; the Association of Washington Cities (AWC) as necessary; and other parties as jointly determined to be necessary by the City and Contractor. F. Assist the City of Kent and cities working in coalition with Kent on preparation, background, and information that may be necessary for any legislative hearing or meeting, or any Executive Branch meeting, with respect to SST/sourcing. G. Develop a main point of contact for regular reporting on the progress and status of the SST/sourcing issue, as well as a regular pattern of reporting in writing or verbally. Main point of reporting contact in Olympia shall be the City of Kent's Government Affairs Consultant - Doug Levy, Owner/Consultant, Outcomes By Levy. Main point of reporting contact for SST/sourcing matters outside of Olympia shall be Mike Martin, Chief Administrative Officer, City of Kent. H. Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and other lawful jurisdictions. I. Provide timely telephone or e-mail updates as jointly determined necessary by the City and Contractor. SST LOBBYIST INTERLOCAL AGREEMENT Page I I of I I CITY OF RENTON COUNCIL AGENDA BILL UBMITTING DATA Dept/Div/Board.... Police Staff Contact ........ Penny Bartley 7565 SUBJECT: Occupational Health Services Contract EXHIBITS: (1) Copy of Contract (2) Issue Paper RECOMMENDED ACTION: Council Concur FISCAL IMPACT: Expenditure Required .... $158,462 FOR AGENDA OF: 12/6/04 AGENDA STATUS: Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution............ Old Business......... New Business....... Study Session........ Other ..................... APPROVALS: Legal Dept............ X Finance Dept........ Other..... HR............ X Transfer/Amendment.... Amount Budgeted .......... $158,462 Revenue Generated....... SUMMARY: The City of Renton contracts with Occupational Health Services (OHS) from Valley Medical Center for health services within the jail. The only change in the 2005 contract is a six percent increase in the total contract amount. RECOMMENDATION: The Renton City Council concurs with the recommendation of City Administration to approve the Occupational Health Services (OHS) 2005 contract and authorizes the Mayor and City Clerk to enter into the agreement. RENTON POLICE DEPARTMENT MEMORANDUM DATE: November 24, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor', FROM: Garry Anderson, Chief of Poli STAFF CONTACT: Penny Bartley, Police Manager (XT 7565) SUBJECT: Issue Paper — Occupational Health Services Contract ISSUE: The City of Renton has contracted with Occupational Health Services (OHS) from Valley Medical Center for health services within the jail. The total amount for the 2005 contract is $158,462. BACKGROUND: OHS has provided jail medical services since 1995. The contract provides for 44 hours of nursing services and four hours of physician assistant services within the jail. Additionally, we have 24-hour on -call services provided under the contract and a psychiatric nurse practitioner available as well. The types of services that are provided under the contract include physical examinations and screening of inmates, evaluation and treatment of chronic health conditions, communicable disease control and prevention and medication management. Inmates that need follow-up care or diagnostic services that aren't provided within the jail are transported to OHS for evaluation and are billed in accordance with Exhibit A. The only change in the 2005 contract is a six percent increase in the total contract amount. OHS is working on being accredited by the National Correctional Health Services. They anticipate completing this process in 2005. STAFF RECOMMENDATIONS: The City of Renton Council concurs with the recommendation of City Administration to approve the 2005 Occupational Health Services Contract and authorizes the Mayor and City Clerk to enter into the agreement. OCCUPATIONAL HEALTH SERVICES AGREEMENT City of Renton Police Department Jail THIS AGREEMENT is made and entered into as of this day of , by and between the City of Renton (hereinafter the "City"), and Public Hospital District No. 1 of King County, a Washington municipal corporation d/b/a Occupational Health Services (hereinafter "OHS"). PURPOSE The purpose of this Agreement is for OHS to provide on -site health services at the City of Renton Police Department Jail (hereinafter the "Jail) an approximately fifty (50) bed unit, as well as various off -site health services for staff and inmates. IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS HEREINAFTER CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 1. Responsibilities of OHS. A. Basic Contract Price Services. OHS agrees to provide the following services for the agreed annual contract price of One Hundred Fifty Eight Thousand, Four Hundred and Sixty Two Dollars ($158,462.00) for 1 /01 /2005 to 12/31 /2005. (Exhibit A) i. Routine on -site (i.e., at the Jail) services provided by a Registered Nurse Forty-four (44) hours per week, and a Physician Assistant on -site up to Four (4) hours per week (schedule to- be arranged in advance by the parties). OHS has the sole right, responsibility and authority to select and provide the staff needed to fulfill the terms of this Agreement. During such scheduled visits, OHS shall provide physical examinations at the Jail for inmates, and evaluation and treatment of inmates and police staff for minor medical needs. On -site services shall include: a. Filling inmate prescriptions up to, but not exceeding, a cumulative total for all inmates of Two Thousand Dollars ($2,000) per year, based on usual and customary prices. The cost of prescriptions in excess of this amount shall be billed to the Jail. b. Blood collection for inmates or as requested for law enforcement purposes. c01/e01/contract - 1 - Occupational Health Services Agmt. City of Renton Police Department Jail C. Office medical supplies used to provide the above services. ii. Off -Site Services: Twenty -Four (24) hour, Seven (7) days per week phone consultation service with a Registered Nurse and/or Physician Assistant. Such telephone consultations are limited to the scope of practice of a Registered Nurse or a Physician Assistant, respectively. B. Services Not Included. Services not provided in the annual price set forth above are additional services not described in Paragraph A, above, including but not limited to hospitalization, emergency transportation and emergency room visits, physician visits, or other specialty care. C. Services in Addition to Basic Contract Price. OHS agrees to make available the following services at the usual and customary price ("UCP") that OHS charges for them. The services listed in Exhibit A are NOT included in the One Hundred Fifty Eight Thousand, Four Hundred and Sixty Two Dollars ($158,462.00) for 01 /01 /2005 to 12/31 /2005 contract price. The UCPs are subject to periodic review and adjustment: (Exhibit A) Work -related treatment of Jail staff at the Occupational Health Clinics in Renton and Auburn will be billed to L&I. Treatment for non -work related conditions will be billed to the patient with payment expected from the individual patient, or some other entity on his/her behalf (i.e., insurance). D. Professional Qualifications and Liability Insurance Staff provided by OHS will meet all appropriate licensure requirements and will maintain professional liability insurance coverage in an amount not less than Five Million Dollars ($5,000,000) per claim. E. Indemnification/Hold Harmless. OHS shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, error or omissions of OHS in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City." c01 /e01 /contract - 2 - Occupational Health Services Agmt. City of Renton Police Department Jail 2. Responsibilities of Jail. A. Liability. The Jail assumes all responsibility for any harm to OHS staff while performing the duties specified in this Agreement, or while on -site for that purpose, when such harm is caused by negligence on the part of the City of Renton. OHS shall be responsible for the direct medical care provided to staff and inmates pursuant to this Agreement. OHS is not required to perform or pay any charges for ancillary services. B. Medical Records/Consent. All medical records shall be the property of OHS. The Jail is responsible for obtaining or providing the necessary medical consent for the healthcare services provided herein. C. Payment of Fees. The Jail agrees to pay a total of One Hundred Fifty Eight Thousand, Four Hundred Sixty Two Dollars ($158,462.00) in Twelve (12) monthly installments of Thirteen Thousand Two Hundred and Five and 17/100's Dollars ($13,205.17) for the basic contract services outlined above. The Jail further agrees to pay all charges incurred by the Jail for the ancillary services, not included in the basic annual fee, outlined above. OHS will send a detailed invoice each month, and payment shall be made within Thirty (30) days following receipt of the invoice. In the event that the Jail fails to pay any amount when due, the delinquent amount shall bear interest at the maximum rate of interest allowable by law. Non-payment for services may result in termination of this Agreement, at the discretion of OHS, upon Ten (10) days notice to the Jail. D. Indemnification/Hold Harmless. The City shall defend, indemnify and hold OHS, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, error or omissions of the City in performance of this Agreement, except for injuries and damages caused by the sole negligence of the OHS." 3. Mutual Responsibilities and Miscellaneous Terms• A. Term of Agreement/Termination. The term of this Agreement shall be Twelve (12) months, commencing January 1, 2005 and ending December 31, 2005. The Agreement shall automatically renew for Twelve (12) month periods on the anniversary c01 /e01 /contract - 3 - Occupational Health Services Agmt. City of Renton Police Department Jail hereof. The parties shall discuss in good faith any price modifications on or near such anniversary date. Either party may terminate this Agreement at any time, without cause, by providing the other party with at least Ninety (90) days written notice of its intentions. OHS shall be paid as provided hereunder for all services rendered and costs incurred to the date of termination. B. Confidentiality. Both parties agree that medical records will be handled in accordance with Chapter 70.02 RCW, and will comply with all other existing Washington State and federal confidentiality laws. C. Dispute Resolution. Should any dispute or disagreement arise over the terms of this Agreement or from the performance thereof, both parties agree to submit the dispute to binding arbitration, in accordance with the rules of the American Arbitration Association. D. Attorney's Fees. If legal proceedings are instituted by either party in connection with this Agreement, the party not prevailing agrees to pay the costs and expenses of litigation, including reasonable attorney's fees of the prevailing party. E. Assignment. Neither this Agreement nor any right or obligation arising thereunder may be assigned or delegated by either party without the written consent of the other, provided that health services required of OHS hereunder may be provided by OHS contract providers. Nothing in this Agreement shall be construed to imply a joint venture, principal, agent, or employer -employee relationship between the Jail and OHS. F. Laws of the State. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. G. Primary Contacts. For the purposes of administering this Agreement, the primary OHS contact person is Pat Vincent, Clinic Manager, or her successor. The primary contact at the Jail is Penny Bartley, Police Manager. c01 /e01 /contract - 4 - Occupational Health Services Agmt. City of Renton Police Department Jail IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. By Kathy Keolker-Wheeler, Mayor ATTEST: M Bonnie Walton, City Clerk OHS: Public Hospital District No. 1 of King County, d/b/a Omr ealth Services By Paul M. Larson Administrator, Clinic Services JAIL: City of Renton Police Department Jail Title: c01/e01/contract - 5 - Occupational Health Services Agmt. City of Renton Police Department Jail EXHIBIT A FEE SCHEDULE BASIC PROGRAM COMPONENTS FEE Clinical Staff and Services Registered/Licensed Nurse & Physician Assistant January 1, 2005- December 31, 2005 Malpractice Insurance $158,463 Trained clinicians for back-up/coverage Medical Director Oversight On -site services 48 hours/week Injury and illness treatment services 14-day Health Appraisal Exam services (see lab fees below) Administration of vaccinations & TB tests Basic dental services, i.e. tooth blocking & pain relief Triage System Medication Administration 24 hour Telephone Consultation Services Included in annual rate Access to clinical staff 24 hours/day, 7 days/week Telephone Consultation Guidelines Policies/Procedures & Clinical Guidelines Included in annual rate Operational Policies & Procedures Clinical Protocols, Practice Parameters, & Triage Guidelines Dental Services Usual and customary rates Appointment Coordination Included in annual rate Ongoing Medical Records Management Included in annual rate Initial Photocopying of Records One time fee at usual and customary rates Insurance Billing Included in annual rate Program Set -Up, Management & Medical Oversight Included in annual rate Program Set-up Recruiting, Hiring, Credentialing Staff Training Scheduling Medical Records System Operational Maintenance Access to Medical Director and Clinic Director Regular business hours Quarterly Meeting Attendance Ongoing Personnel Management Problem -Solving Identifying Service Gaps Medical Oversight Access to Medical Oversight 24 hours/day, 7 days/week Quarterly Meeting Attendance Quality Assurance Quality Improvement Scope of Practice Monitoring Referral Monitoring CONTRACT FOR SERVICES - Aug 2004 CITY OF RENTON/ VMC-OHS EXHIBIT A BASIC PROGRAM COMPONENTS continued FEE Lab & Health Appraisal Tests Blood Draw $15.00 (off -site only) CBC with Differential $12.00 Urine Collection $15.00 (off -site only) Urinalysis $11.00 Throat Culture $26.95 RPR $10.00 Dilantin Level $30.00 Chem Panel —19 $20.00 VDRL $17.00 TB Skin Test $12.00 Culture Specimen, Bacteria $18.00 Gram's Stain, Smear (Stain & Interpretation) $9.00 Pregnancy Test, Urine $11.00 Chlamydia $13.50 Trichomonas $8.00 All other general medical related tests Usual and customary rates ADDITIONAL PROGRAM ELEMENTS FEE Supplies & Medication Stocking No additional charge for inventory monitoring. Actual goods billed at OHS' cost. Delivery of Medication Daily Delivery of Prescription Medication (Monday -Friday) No additional charge Weekend and Emergency Deliveries Arranged at a negotiated rate Occupational and Employee Health Services On -the -Job Injury Triage System No additional charge On -site Employee Health Services To be priced at competitive rates but Flu Shots provided on -site for convenience TB Skin Test Hepatitis B, Series of Three Injections (includes vaccine) Hepatitis B, Injection only Hepatitis B Titer Hepatitis B Vaccine - Booster Drug Screen, Collection and Lab Processing Drug Screen, Collection Only Medical Review Officer Services Breath Alcohol Test Breath Alcohol Test Confirmation OPTIONAL SERVICES FEE Transportation No additional charge for coordination responsibilities Services Not in Jail Health Service Guidelines On -site Physician Services $150/hour X-Ray Usual and customary rates Urgent Care Services (available Monday -Friday, 6:00am-6:00pm, OHS fee schedule (based on the Dept. at OHS Renton, and 6:00am-6:00pm at OHS Auburn) of Labor and Industries fee schedule) Emergency Services at VMC's Emergency Department Usual and customary rates Psychiatric Services To be priced at competitive rates CONTRACT FOR SERVICES - Aug 2004 CITY OF RENTON/VMC-OHS CITY OFRENTON COUNCIL AGENDA BILL JBMITTING DATA Dept/Div/Board.... Police Staff Contact ........ Penny Bartley 7565 SUBJECT: -Second Amendment to Interlocal Agreement for housing of inmates at Yakima County EXHIBITS: (1) Issue Paper (2) Second Amendment to Interlocal Agreement (3) Resolution RECOMMENDED ACTION: Council Concur FISCAL IMPACT: Expenditure Required .... $473,000 AI#:-, /.--' FOR AGENDA OF: 12/6/04 AGENDA STATUS: Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution............ Old Business......... New Business....... Study Session........ Other..................... APPROVALS: Legal Dept............ X Finance Dept........ Other..... HR............ X Transfer/Amendment.... Amount Budgeted .......... $473,000 Revenue Generated....... SUMMARY: In 2002, the City of Renton and 34 other King County cities entered into a long-term agreement, for long-term use of Yakima County Jail under resolution 3571. In October 2002, an amendment to the original contract was adopted under resolution 3595. A SECOND AMENDMENT has now been negotiated with Yakima County that reduces the financial obligation of all the cities for the duration of the contract and clari Pies the responsibilities of the parties regarding billing, payment, the annual reconciliation and the medical payment. RECOMMENDATION: The Renton City Council concurs with the recommendation of City Administration to approve the Second Amendment to the Interlocal Agreement with Yakima County for Jail Services. The Council authorizes the Mayor and City Clerk to enter into the agreement between the City of Renton, 34 other municipalities, and Yakima County. RENTON POLICE DEPARTMENT MEMORANDUM DATE: November 22, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor FROM: Garry Anderson, Chief of Police P�/ STAFF CONTACT: Penny Bartley, Police Manager (XT 7565) SUBJECT: Issue Paper — Second Amendment to Interlocal Agreement with Yakima County for Jail Services ISSUE: In June 2002, the City of Renton entered into a long-term agreement, along with 34 other King County cities for long-term use of Yakima County Jail under resolution 3571. In October 2002, an amendment to the original contract was adopted under resolution 3595. A second amendment has now been negotiated with Yakima County that has reduced the financial obligation of all of the cities for the duration of the contract and has clarified the responsibilities of the parties regarding billing and payment, the annual reconciliation and the medical payment. BACKGROUND: This amendment was negotiated on behalf of all the cities with representation from multiple cities. The proposed amendment makes the following changes to the Interlocal Agreement with Yakima County. Duration: The current interlocal agreement with Yakima County ends December 31, 2010. The proposed amendment allows for a two-year extension of the interlocal agreement if agreeable to both Yakima County and to the cities. If the cities want to extend the contract, they need to notify Yakima County by July 1, 2009. Billingand nd Payment: Payment shall be due to Yakima County within thirty days from the date the statement is received. Payments not received by the 301h day shall bear interest at the rate of 1% per month until payment is received. Daily Fee: The proposed amendment reduces by 48% the amount cities will pay for up to 100 unused beds. Under the terms of the amendment, the cities will pay the full Bed Maintenance Fee on 340 beds, even if they are unused, and for all city inmates over 340. Retroactive to October 1, 2003, the Cities shall pay the Reduced Rate Fee for each unused bed up to a maximum of 100 beds. The cities will not pay the medical premium fee on unused beds. This rate change will collectively save the cities over $1.3 million a year. The City of Renton's bed commitment is 27 per day. In the 4th quarter of 2003, our Yakima ADP was 16. In 2004, our Yakima Average Daily Population is 22. Our Average Daily Population in Yakima continues to grow despite the change in DWLS 3,d, which has significantly reduced our jail population. Reconciliation: Retroactive to October 1, 2003, Yakima will bill each city quarterly for unused beds (the difference between the city's minimum bed commitment and its actual use). A portion of the unused beds shall be charged at the Reduced Rate Fee. The number of each city's unused beds that will be charged at the Reduced Rate Fee is shown in Attachment B to the amendment. The payment for beds will work as follows: Each month, the city pays Yakima County for its actual bed use. • Each quarter, the city pays for the difference (if any) between its actual bed use and its bed commitment. This payment is a combination of the city's share of the reduced rate beds and the full rate beds. • At the end of the year, cities, which exceeded their bed commitment, are identified. Any overage is applied as a credit against all the cities, which did not meet their bed commitment. Cities, which did not use all of their reduced rate beds, are also identified; any surplus reduced rate beds are reallocated to the rest of the cities. Medical Premium: The proposed amendment makes clear that cities will pay the medical premium only on used beds. It also clarifies that Yakima County may charge the cities for psychiatric services for their inmates which are either court ordered or meet a Diagnostic Statistical Manual IV Diagnosis and are deemed medically necessary by a mental health professional. These charges would come out of the Medical Premium fee the cities pay to Yakima (similar to other medical and dental charges). STAFF RECOMMENDATIONS: The City of Renton Council concurs with the recommendation of City Administration that the Second Amendment to Interlocal Agreement with Yakima County for Services be signed. SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHNGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE, AND TOWN OF YARROW POINT, WASHINGTON FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Second Amendment") is entered into and is effective the 31 st day of December 2004 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington ("Yakima County"). Whereas, Yakima County and the Cities above named have entered into an Interlocal Agreement for housing of City inmates by Yakima County on August 27, 2002 (Agreement); and Whereas Yakima County and the Cities entered into an addendum to the Interlocal Agreement for Housing of Inmates by Yakima County effective October 31, 2002 (Addendum) and Whereas, the parties desire to amend the Agreement and Addendum to further clarify the responsibilities of the respective parties; NOW THEREFORE, the Parties agree as follows: 1. Section 3 of the Addendum is amended in its entirety as follows: DURATION: The term of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided by Section 4 of the Agreement. Yakima County agrees to extend the Agreement, as amended, for an additional two years if mutually agreeable to Yakima County and the Cities and the Cities notify Yakima County at least 18 months prior to December 31, I:V AGWakimasecondaddendum.doc 2010. Thereafter, this Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties. 2. Section 7c of the Agreement is amended in its entirety as follows: (c) Billing and Payment. Yakima County shall provide each of the Cities with individual monthly statements itemizing the names of each City Inmate who is receiving care from Yakima County, the case or citation number, and the number of days of care, including the date and time booked into the Yakima County jail facilities and the date and time released from the Yakima County jail facilities. In the event an Inmate is being held on charges from multiple agencies and the sentences for those multiple charges are running concurrently, OR a post -conviction Inmate is being held pre -sentencing on charges from multiple agencies, then Yakima County shall divide equally the Bed Maintenance Fee and the Medical Premium (hereinafter "Daily Fee") of such inmate among those multiple agencies. Each City's individual monthly statement shall also include a statement showing the number of bed days used by all other Cities.. Yakima County agrees to provide said statement for each month on or about the 1 Oth day of the following month. Payment shall be due to Yakima County within thirty (30) days from the date the statement is received. Payments not received by the 30th day shall bear interest at the rate of 1 % per month until payment is received. 3. A new Section 7d of the Agreement is added as follows: Reconciliation: Effective October 1, 2003, Yakima will bill each city quarterly for unused beds (the difference between the City's minimum daily bed commitment as provided in Attachment A to this Second Addendum and the City's actual Average Daily Population (ADP) for the quarter). The rate for the unused beds will be the Bed Maintenance Fee as provided in Section 3(c) of this Second Amendment, below, EXCEPT a portion of the unused beds shall be charged at the Reduced Rate Fee." An acceptable alternative to this sentence would be: "The rate for the unused beds will be the Bed Maintenance Fee as provided in Section 6(a) of the October 31, 2002, Addendum, as amended herein in Section 3(c), EXCEPT a portion of the unused beds shall be charged at the Reduced Rate Fee. . The number of each city's unused beds that will be charged at the Reduced Rate Fee are as provided in Attachment B (Initial Allocatoin of Unused Beds Chart - created by the Cities). b. Yakima County will annually reconcile each City's unused beds (the difference between the City's Minimum Bed Commitment and the City's actual ADP per quarter) on a calendar year basis. Through the annual reconciliation process, Yakima County will provide credits in the fourth quarter bill to each city to the extent that the actual annual ADP paid exceeds the City's Minimum Bed Commitment up to the fee paid by said city per quarter for unused beds. If a City's annual ADP exceeds the annual minimum daily bed commitment ( hereinafter "net overage") Yakima County will allocate the total net overage as a credit on a pro rata basis to those Cities whose annual ADP did not meet their annual minimum daily bed commitment. If a City did not fully use their share of the Reduced Rate Fee beds as specified in Attachment B, those beds will be allocated on a -z- L VAGWakimasecond addendum.doc pro rata basis to Cities that did not meet their Minimum Bed Commitment. The Cities will provide Yakima County with the appropriate allocation to each city of credits and division of the annual reconciliation bill for unused beds based on separate agreement among the Cities. Attachment C shows a method for this annual reconciliation. Reconciliation payments, both quarterly and annual will be due 30 days from the date the billing is received. There will be no interest payments charged on any 2003 or 2004 Reconciliation bills issued prior to the effective date of this addendum. c. 2003 Reconciliation: The 2003 reconciliation will be based on Section 7 (d) of the Agreement and Section 6 (a) of the Addendum. Under this agreement, Cities will pay $568,391to Yakima for the fourth quarter 2003 reconciliation pursuant to Cities Allocation Agreement. (Attachment C shows the method for the payment by individual cities of the unused beds for the 2003 Reconciliation). There will be no interest payments charged on the 2003 Reconciliation, provided 2003 reconciliation is paid within 30 days of receipt of billing. Section 6 of the Addendum is hereby amended in its entirety to provide as follows: a. Daily Fee. In consideration of Yakima County's commitment to provide care for City Inmates, the Cities agree to pay Yakima County fees for the housing and care of each City Inmate, as provided in this Amendment as follows: Year Bed Maintenance Fee Medical Premium Reduced Rate Fee 2002 $51.00 $5.00 2003 $53.55 $5.25 $27.75 2004 $56.23 $5.51 $27.75 2005 1 $59.04 $5.79 $28.45 2006 $61.99 $6.08 $29.19 2007 $65.09 $6.38 $29.96 2008 $68.34 $6.70 $30.77 2009 $71.76 $7.04 $31.62 2010 1 $75.35 $7.39 $32.51 1. Yakima County shall not charge a booking fee or any other fees in connection with the care of City Inmates except as specifically provided in the Interlocal Agreement between Yakima County and Cities, as amended. 2. Effective October 1, 2003, the Cities shall pay the Bed Maintenance Fee set forth in Paragraph 2 above on 340 beds, even if they are unused and for all inmates exceeding the 340 bed Cities Inmate population. 3. Effective October 1, 2003, the Cities shall pay the Reduced Rate Fee in Paragraph 2 above for each unused bed exceeding 340 up to a maximum of the 440 bed commitment. Provided however, that payment for unused beds exceeding 340 shall not be required for any -3- L VAGWakimasecondaddendum.doc period of time when the total Yakima County jail population (including all contract inmates) exceeds 1,500. At such time, Yakima County shall not charge Cities for unused beds. Yakima County intends to use the Reduced Rate Fees solely for debt service payments and operational costs related to Yakima County Department of Corrections and Security. At the end of each year, Yakima County will provide an annual report which shows the cost of debt service payments and operational costs for Yakima County Department of Corrections and Security exceeds the total Reduced Rate Fees collected. 4. Medical Premium: A. Yakima County shall pay for all medical, dental and psychiatric (including therapeutic) costs as authorized in this Addendum of the City's Inmates in exchange for the above listed Medical Premium. B. Effective October 1, 2003, Cities will pay the Medical Premium per City Inmate only on used beds. The Medical Premium shall not be paid on unused beds. C. Yakima County shall be permitted to use the Medical Premiums for psychiatric services including in -custody therapeutic services which 1) are court ordered, or 2) a) meet a Diagnostic Statistical Manual IV Diagnosis, and b) are deemed medically necessary by a Mental Health Professional and c) for which the inmate agrees to treatment. Medical Premiums shall not be used for psychiatric services which do not meet the conditions above except where such services are approved by the City in writing prior to the service being rendered. D. Yakima County shall provide monthly reports with its billing statement describing its medical, psychiatric, and dental account balance(s) and payments made from each such account, including provider name, inmate name, name of City being charged for such inmate, dollar amount paid, and description of medical, psychiatric or dental service provided. Yakima County will provide detailed information regarding the description and total cost of therapeutic services and the approximate proportionate share of use of the services consumed by Cities inmates. In -custody therapeutic costs for Cities will be calculated by applying the percentage of the Cities' inmates proportionate share of use of the services provided by Yakima County's behavioral health service provider, which is currently Central Washington Comprehensive Mental Health, to the actual cost of the total contract for Yakima County's behavioral health service provider. E. Each quarter Yakima County shall send to the Cities an accounting of the Medical Premium Fund. F. In the event Yakima County's actual authorized medical, psychiatric, and dental costs for a quarter exceed the funds available in the Medical Premium fund at the close of the quarter, the Cities agree to compensate Yakima County for all said costs exceeding the funds available at the end of the quarter within 30 days following receipt of said medical billing. -a- I: JAG\Yaki masecondaddendum.doc G. Upon the effective date of this Second Amendment, Yakima County shall have and shall maintain a Pharmacy Agreement or in-house pharmacy. H. An ongoing review process will be established between Yakima County and the Cities to address concerns about accountability for costs and services. 5. The provisions of the Interlocal Agreement dated August 27, 2002, as amended by an Interlocal Agreement dated October 31, 2002, shall remain in full force an effect, except as they were amended herein. BOARD OF YAKIMA COUNTY COMMISSIONERS By: ATTEST: Carla Ward, Clerk of the Board of Yakima County Commissioners Approved as to Form: Ronald F. Gamache, Chairman By: James M. Lewis, Commissioner By: Ronald S. Zirkle Yakima County Prosecuting Attorney Jesse S. Palacios, Commissioner CITY OF ALGONA, WA By: Approved as to Form: Glenn Wilson, Mayor Estimated ADP: George Kelley, Algona City Attorney CITY OF AUBURN, WA By: Approved as to Form: Pete Lewis, Mayor Estimated ADP: Daniel B. Heid, Auburn City Attorney TOWN OF BEAUX ARTS VILLAGE, WA By: Approved as to Form: Charles R. Lowry, Mayor Estimated ADP: Wayne Stewart, Town Attorney CITY OF BELLEVUE, WA By: Approved as to Form: Steve Sarkozy, City Manager Lori Riordan, Acting City Attorney -5- I:VAGWakimasecondaddendum.doc Estimated ADP: CITY OF BLACK DIAMOND, WA By: Howard Botts, Mayor Estimated ADP: CITY OF BOTHELL, WA By: Jim Thompson, City Manager Estimated ADP: CITY OF BURIEN, WA By: Gary P. Long, City Manager Estimated ADP: CITY OF CARNATION, WA By: Woody Edvalson, City Manager Estimated ADP: CITY OF CLYDE HILL, WA By: George S. Martin, Mayor Estimated ADP: CITY OF COVINGTON, WA By: Andy Dempsey, City Manager Estimated ADP: CITY OF DES MOINES, WA By City Manager Estimated ADP: CITY OF DUVALL, WA Approved as to Form: Loren D. Combs, City Attorney Approved as to Form: Michael E. Weight, Bothell City Attorney Approved as to Form: Lisa Marshall, Burien City Attorney Approved as to Form: Phil A. Olbrechts, Carnation City Attorney Approved as to Form: Clyde Hill City Attorney Approved as to Form: Duncan C. Wilson, Covington City Attorney Approved as to Form: Des Moines City Attorney Approved as to Form: -6- LVAGWaki masecond addendum.doc By: Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney Estimated ADP: CITY OF FEDERAL WAY, WA Approved as to Form: By: David H. Moseley, City Manager Federal Way City Attorney Estimated ADP: CITY OF ISSAQUAH, WA Approved as to Form: BY: Ava Frisinger, Mayor Estimated ADP: CITY OF KENMORE, WA By: Stephen L. Anderson, City Manager Estimated ADP: CITY OF KIRKLAND, WA By: David Ramsay, City Manager Estimated ADP: CITY OF LAKE FOREST PARK, WA By: David R. Hutchinson, Mayor Estimated ADP: CITY OF MAPLE VALLEY, WA By: John F. Starbard, City Manager Estimated ADP: CITY OF MEDINA By: Douglas J. S, Ci Wayne D. Tanaka, Issaquah City Attorney Approved as to Form: Michael R. Kenyon, Kenmore City Attorney Approved as to Form: Gail Gorud, Kirkland City Attorney Approved as to Form: Michael P. Ruark, Lake Forest Park City Attorney Approved as to Form: Maple Valley City Attorney Approved as to Form: Kirk R. Wines, Medina _7_ I:UAGWaki masecondaddendum.doc Estimated ADP: CITY OF MERCER ISLAND, WA Approved as to Form: By: Richard M. Conrad, City Manager Estimated ADP: CITY OF NEWCASTLE, WA Andrew J. Takata, City Manager Estimated ADP: CITY OF NORMANDY PARK, WA By: LV11U1 1>. L113UV11, 1Y1 V1VV1 1J1Ulll1 ill,' 1111V111V,' Approved as to Form: Newcastle City Attorney Approved as to Form: Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park Estimated ADP: City Attorney CITY OF NORTH BEND, WA Approved as to Form: By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney Estimated ADP: CITY OF PACIFIC, WA Approved as to Form: BY: Howard Erickson, Mayor Estimated ADP: CITY OF REDMOND, WA Rosemarie Ives, Mayor Estimated ADP: Bruce Disend, Pacific City Attorney Approved as to Form: Redmond City Attorney CITY OF RENTON, WA Approved as to Form: By: Kathy Keolker-Wheeler, Mayor Lawrence J. Warren, Renton City Attorney Estimated ADP: CITY OF SAMMAMISH, WA Approved as to Form: -8- L VA GWakimasecondaddendum.doc By Ben Yazici, City Manager Estimated ADP: j CITY OF SEATAC, WA By: City Manager Estimated ADP: CITY OF SEATTLE, WA By: Gregory J. Nickels, Mayor Estimated ADP: CITY OF SHORELINE, WA By: Steven Burkett, City Manager Estimated ADP: CITY OF SKYKOMISH, WA By: Skip Mackner, Mayor Estimated ADP: CITY OF SNOQUALMIE, WA By: Randy Fuzzy Fletcher, Mayor Estimated ADP: CITY OF TUKWILA, WA By: Steve Mullet, Mayor Estimated ADP: CITY OF WOODINVILLE, WA By: Pete Rose, City Manager Bruce Disend, Sammamish City Attorney Approved as to Form: Robert L. McAdams, SeaTac City Attorney Approved as to Form: Thomas A. Carr, Seattle City Attorney Approved as to Form: Ian Sievers, Shoreline City Attorney Approved as to Form: Skykomish City Attorney Approved as to Form: Pat Anderson, Snoqualmie City Attorney Approved as to Form: Robert F. Noe, City Attorney Approved as to Form: Wayne D. Tanaka, Woodinville City Attorne -9- l: VAGWaki masecond addendum.doc Estimated ADP: TOWN OF YARROW POINT Approved as to Form: By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney Estimated ADP: STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, to me known to be the City Manager/Mayor of the City/Town of , a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this day of 2002. Washington (notary signature) (typed/printed name of notary) Notary Public in and for the State of My commission expires: Interlocal to be filed with the Yakima County Auditor -10- 1: V AG\Yakimasecondaddendum.doc Attachment A Minimum Daily Bed Commitment by City city Yakima Commitment Algona 3.0 Auburn 88.5 Bellevue 27.0 Bothell 2.0 Burien 4.0 Covington 2.4 Des Moines 17.0 Duvall 1.0 Federal Way 29.0 Issaquah 2.0 Kenmore 3.0 Kirkland 12.5 Lake Forest Park 2.5 Medina 0.7 Mercer Island 4.0 Normandy Park 0.4 North Bend 2.0 Redmond 20.0 Renton 27.0 Sammamish 1.5 SeaTac 4.1 Seattle 155.0 Shoreline 18.0 Snoqualmie 1.0 Tukwila 11.0 Woodinville 1.5 otal 440.1 L V AGWaki masecondaddendum.doc Attachment B Initial Allocation of 100 Reduced Rate Beds Agencies Yakima Commitment % Share Initial 100 Bed Distribution Algona 3.0 0.7% 0.7 Auburn 88.5 20.1 % 20.1 Bellevue 27.0 6.1 % 6.1 Bothell 2.0 0.5% 0.5 Burien 4.0 0.9% 0.9 Covington 2.4 0.5% 0.5 Des Moines 17.0 3.9% 3.9 Duvall 1.0 0.2% 0.2 Federal Way 29.0 6.6% 6.6 Issaquah 2.0 0.5% 0.5 Kenmore 3.0 0.7% 0.7 Kirkland 12.5 2.8% 2.8 Lake Forest Park 2.5 0.6% 0.6 Medina 0.7 0.2% 0.2 Mercer Island 4.0 0.9% 0.9 Newcastle 0.0 0.0% 0.0 Normandy Park 0.4 0.1 % 0.1 North Bend 2.0 0.5% 0.5 Redmond 20.0 4.5% 4.5 Renton 27.0 6.1 % 6.1 Sammamish 1.5 0.3% 0.3 SeaTac 4.1 0.9% 0.9 Seattle 155.0 35.2% 35.2 Shoreline 18.0 4.1 % 4.1 Snoqualmie 1.0 0.2% 0.2 Tukwila 11.0 2.5% 2.5 Woodinville 1.5 0.3% 0.3 Total 440.1 100.0% 100.0 Note: as part of the annual reconciliation, reduced rate beds initially allocated to cities that only need part or none of their share will be reallocated to the remaining cities. -12- I: VAGWaki masecond adden dum.doc Attachment C - Table 2003 Reconciliation and Payment of Unused Beds and Method for Annual Allocation and Reconciliation of Unused Beds Allocation of All Unused Beds - Including 100 beds at Reduced Rate Final Year End Reconciliation 2003 4th Quarter Agencies Bellevue Issaquah Newcastle Tukwila Algona Auburn Bothell Burien Covington Des Moines Duvall Federal Way Kenmore Kirkland Lake Forest Park Medina Mercer island Normandy Park North Bend Redmond Renton Sammamish SnTac Seattle Shoreline Snoqualmie Woodinville EADP Yakima Commitment 2003 4th Qtr ADP Over/ Under step I EADP Cities < Their Bed Commitment % Share Surplus Beds Revised Over/ Under Step 2 Preliminary 100 Bed Distribution Surplus Beds Step 3 EADP Cities Still < Their Bed Commitment Allocate Surplus Beds Final 100 Bed Distribution Step 4 Beds at Full Price Beds at Reduced Price 4th Quarter Additional Payment Due on Unused Beds (no medical fees since only paid on used beds) Full Reduced Price Price Total Charge 2T00 27.63 0.63 0.0% 0.6 6.1 6.1 0.0 0.0 27.6 0 0 0 2.00 2.10 0.10 0.0% 0.1 0.5 0.5 0.0 0.0 2.1 0 0 0 0,00 0.25 0.25 0.0% 0.3 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0 0 0 11.00 12.80 1.80 0.0 % 1.8 2.5 2.5 0.0 0.0 12.8 0 0 0 3.00 1.16 (1.84) 3.0 0.7% (1.8) 0.7 0.0 3.0 0.1 0.8 2.2 0.8 5,082 2,003 7,085 88.50 62.67 (25.83) 88.5 22.1% (25.2) 20.1 0.0 88.5 3.0 23.1 64.7 23.1 10,172 59,092 69,263 2.00 1.79 (0.21) 2.0 0.5% (0.2) 0.5 0.3 0.0 0.2 1.8 0.2 0 492 492 4.00 1.85 (2.15) 4.0 1.0% (2.1) 0.9 0.0 4.0 0.1 1.0 2.9 1.0 5,312 2,671 7,983 2.40 0.00 (2,40) 2.4 0.6% (2.4) 0.5 0.0 2.4 0.1 0.6 1.8 0.6 8,649 1,602. 10,252 17.00 7.72 (9.28) 17.0 4.2% (9.2) 3.9 0.0 17.0 0.6 4.4 12.4 4.4 23,245 11,351 34,596 1.00 0.00 (1.00) 1.0 0.2% (1.0) 0.2 0.0 Lo 0.0 0.3 0.7 0.3 3,604 668 4,272 29.00 14.24 (14.76) 29.0 7.2% (14.6) 6.6 0.0 29.0 1.0 7.6 21.2 7.6 34,361 19,363 53,725 3.00 0.00 (3.00) 3.0 0.7% (3.0) 0.7 0.0 3.0 0.1 0.8 2.2 0.8 10,812 2,003 12,815 12.50 12.24 (0.26) 12.5 3.1% (0.2) 2.8 2.7 0.0 0.2 12.2 0.2 0 444 444 2.50 0.26 (2.24) 2.5 0.6% (2.2) 0.6 0.0 2.5 0.1 0.7 1.8 0.7 7,724 1,669 9,394 0.70 0.53 (0.17) 0.7 0.2% (0.2) 0.2 0.0 0.7 0.0 0.2 0.5 0.2 0 467 467 4.00 1.26 (2.74) 4.0 1.0% (2.7) 0.9 0.0 4.0 0.1 1.0 2.9 1.0 8,204 2,671 10,874 0.40 0.11 (0.29) 0.4 0.1% (0.3) 0.1 0.0 0.4 0.0 0.1 0.3 0.1 906 267 1,173 2.00 0.21 (1.79) 2.0 0.5% (1.8) 0.5 0.0 2.0 0.1 0.S L5 0.5 6,190 1,335 7,526 20.00 T70 (12.30) 20.0 5.0% (12.2) 4.5 0.0 20.0 0.7 5.2 14.6 5.2 34,164 13,354 47,518 27.00 15.23 (11.77) 27,0 6.7% (11.6) 6.1 0.0 27.0 0.9 7.1 19.8 7.1 22,280 18,028 40,308 1.50 0.39 (1.11) 1.5 0.4% (1.1) 0.3 0.0 1.5 0.1 0.4 1.1 0.4 3,478 1,002 4,480 4.10 3.99 (0.11) 4.1 1.0% (0.1) 0.9 0.8 0.0 0.1 4.0 0.1 0 210 210 155.00 90.93 (64.07) 155.0 38.7% (63.0) 35.2 0.0 155.0 5.3 40.5 113.4 40.5 110,624 103,494 214,118 18.00 10.53 (7.47) 1&0 4.5% (7.3) 4.1 0.0 18.0 0.6 4.7 13.2 4.7 12,979 12,019 24,998 1.00 0.96 (0.04) 1.0 0.2% (0.0) 0.2 0.2 0.00 0.04 1.0 0.04 0 93 93 1.50 0.00 1.50) L5 0.4% (1.5) 1 0.3 0.0 1 1.5 0.1 0.4 1 1.1 0.4 1 5,406 1,002 6,407 Total I 44U.IU l/64D (1(3.55) 1 4UU.1 luu.U"/o Z.0 (163.6) 1 iou.0 13.1 1 38U.5 13.1 "EADP" is the Estimated Average Daily Population -also known as the Yakima Minimum Daily Bed Commitment Cities with no minimum bed commitment and no sail days (and thus not included above) Beaux Arts Clyde Hill Kent Pacific Black Diamond Enumclaw Maple Valley Skykomish Carnation Hunts Point Milton Yarrow Point -13- L V AGWaki masecondadden dum.doc 100.0 1 340.1 100.0 1 313,091 255,300 568,391 2003 Cost Per Bed Full Price Reduced Price $ 53.55 $ 27.75 Attachment C: Explanation of Annual Reconciliation Per Amendment # 2, Section 3 b. City A 0 Minimum bed commitment: 27 beds • Estimated share of reduced rate beds: 6.1 • 2004 Actual Use: 25 first quarter; 27 second quarter; 30 third quarter; 38 fourth quarter; 30 for the whole year. By the end of 2004, City A has averaged 30 beds for the whole year; however, its use has fluctuated from quarter to quarter. Each month, City A pays for its actual bed use. At the end of the first quarter, City A pays for two additional beds at the reduced rate (the difference between its actual bed use and its minimum commitment). The second and third quarters, City A pays for its actual bed use (which equaled or exceeded its bed commitment). As part of the fourth quarter reconciliation, City A is given a credit for its first quarter payment for the two additional beds so that the total City A pays for 2004 equals 30 beds (its actual use). Since City A has fully met its bed commitment, it has no need for its share of the reduced rate beds (it was entitled to 6.1 reduced rate beds). Accordingly, the 6.1 reduced rate beds are reallocated to the cities which did not meet their bed commitment. City B: • Minimum bed commitment: 2 beds • Estimated share of reduced rate beds: .5 • 2004 Actual Use: 2 (however, it fluctuates between 1 and 3 from month to month) By the end of 2004, City B has averaged two beds for the whole year (its minimum bed commitment). However, in January, it used one bed, in February, it used two beds, and in March it used three beds — averaging out to two beds for the quarter. City B pays for one bed in January, two beds in February, and three beds in March. Since City B has fully met its bed commitment, it has no need for its share of the reduced rate beds (it was entitled to .5 of a reduced rate bed). Accordingly, this .5 reduced rate bed is reallocated to the cities which did not meet their bed commitment. City C: • Minimum bed commitment: 155 beds • Estimated share of reduced rate beds: 35 • 2004 Actual Use: 80 (for the purposes of simplicity, assume every month equals 80 beds). City C's actual use falls short of its minimum bed commitment. Under this proposal, each month, City C pays for the 80 beds it actually used. At end of each quarter, City C pays the difference between its actual use and its minimum bed commitment (in this case, 35 beds at the reduced rate and 40 beds at the full rate). At the end of the year, a final reconciliation is performed which not only takes into account City C's bed use, but also incorporates any overages from other cities which exceeded their bed commitment. Based on this final calculation, City C receives 5 more of the reduced rate beds (not all of the cities used their reduced rate beds). By the end of the year, City C will have paid for 40 beds at the reduced rate (35 from the original allocation plus 5 more beds from cities which didn't need the reduced rate beds) and 115 beds at the full rate for a total of 155 beds. LVAGWakimasecondaddendum.doc Page 14 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT AMENDING CERTAIN TERMS OF PRIOR ILA'S BETWEEN THE CITY OF RENTON AND YAKIMA COUNTY. WHEREAS, the City of Renton, 34 other municipalities, and Yakima County are permitted by law to enter into agreements pursuant to the Interlocal Cooperation Act (RCW 39.34); and WHEREAS, on August 27, 2002, Renton and 34 other municipalities entered into an Interlocal Agreement (hereinafter long-term ILA) with Yakima County, for the purpose of housing inmates in Yakima County jail facilities; and WHEREAS, the long-term ILA of August 27, 2002, was amended on October 31, 2002 (hereinafter Amendment I to the long-term ILA); and WHEREAS, the City of Renton desires to clarify certain terms related to the duration of the long-term ILA, billing and payment methodology, daily fees to be charged, annual reconciliation methodology, and establishing what is chargeable against the medical premium; and WHEREAS, it is necessary to document the terms and conditions of contracts between the City of Renton and Yakima; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into the Interlocal Agreement between the City of Renton, 34 other municipalities, and Yakima County, amending certain terms of the long-term ILA and Amendment I to the long-term ILA relating to the duration of the long-term ILA billing and payment methodology, daily fees to be charged, annual reconciliation methodology, and establishing what is chargeable against the medical premium. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RE S .10 8 0 :11 /24/04 : m a Bonnie I. Walton, City Clerk 2004. day of , 2004. Kathy Keolker-Wheeler, Mayor FA CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Planning/Building/Public Works Staff Contact...... Dave Christensen, x7212 Subject: Proposed Code Revision for Sanitary Sewer Service Outside the City Exhibits: Issue Paper Draft Code Change Draft Ordinance For Agenda of: December 6, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... M Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... None Revenue Generated......... Total Project Budget None City Share Total Project.. SUMMARY OF ACTION: In 2002, the City revised its sewer service code for outside the City Limits to only allow connection to Renton's Sewer System under very limited conditions. This revision was prompted by two major concerns at that time. As both of these concerns have been addressed, it is now time to re-evaluate the code for sewer outside the city limits, to allow for administrative approval for sewer requests. STAFF RECOMMENDATION: It is the recommendation of the Planning/Building/Public Works Department that the code for sewer service outside the city limits be modified to allow service by the City, with the following conditions: 1. A covenant be executed that obligates the property owner to affirmatively support any legal and constitutional method of annexation. 2. Any proposed developments must be in general compliance with City of Renton Land Use Regulations. W:\WWP-03-0000 Correspondence - Wastewater\davec\Sewer_Code_Revision_Outside_AB_2004.doc\DMCtp CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 19, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: v) Mayor Kathy Keolker-Wheeler FROM: Gregg ZimmermL ministrator STAFF CONTACT: Dave Christensen, x7212 SUBJECT: Proposed Code Revision for Sanitary Sewer Service Outside the City I S S I TF.- In 2002, the City revised its sewer service code for outside the City Limits to only allow connection to Renton's Sewer System under very limited conditions. This revision was prompted by two major concerns at that time. As both of these concerns have been addressed, we have re-evaluated the code for sanitary sewer service outside the city limits, to allow for administrative approval of such requests. RECOMMENDATION: • It is the recommendation of the Planning/Building/Public Works Department that the code for sanitary sewer service outside the city limits be modified to allow service by the City, with the following conditions: 1. An executed covenant that obligates the property owner to affirmatively support any legal and constitutional method of annexation. 2. Any proposed developments must be in general compliance with City of Renton Land Use Regulations. BACKGROUND SUMMARY: In June of 2002, the Renton City Council passed Ordinance 4969, which restricted the ability to connect properties outside of Renton's city limits. Ordinance 4981, adopted in August of 2002, provided a narrow exception to allow an existing lot to connect either an existing home or construct one new home on the lot. November 19, 2004 Page 2 There were two primary reasons why the Council adopted the restricted sewer service ordinances. The first was a ruling by the Washington State Supreme Court that in essence, eliminated the ability for Cities to utilize the petition method for annexation, which for most Cities, including Renton, was the primary way to accomplish annexations. By eliminating this method, the Court negated the benefit of obtaining covenants to annex and providing service outside the City. The second reason was due to concern by both the Administration and Council regarding the density of development, primarily on the East Renton Plateau. The concern was that higher than desired densities may be developed, but still be in compliance with our permitted future densities for the area. This was one of the catalysts for the analysis that has just been completed for the East Renton Plateau as part of the Comprehensive Plan Update. Since Renton adopted the restricted sewer service ordinances, both of these concerns have been addressed. First, the State Supreme Court reversed its earlier ruling on the validity of petition method annexations, thus making them acceptable for use in annexations. The result is that by revising the City policy on sewer service and requiring the property owner to record covenants, the City can annex large areas more easily and efficiently. Secondly, with the adoption of the City Comprehensive Plan Update came a change in our future land use designation for the East Renton Plateau that allows a maximum density of R-4 versus a density of R-8. This results in overall lower densities if development meets our general land use for that area as a condition of obtaining sewer availability from the City. 59161M S [ON1 With the reversal by the State Supreme Court and the City's adoption of revised land use on the East Renton Plateau, all outstanding issues have been resolved. If the City revises the policy and code to allow sewer service outside the City limits, the City will be able to ensure that development in the potential annexation areas meets Renton's standards and annexations are completed more efficiently. cc: Lys Hornsby W AW WP-03-0000 Correspondence - Wastewater\davec\Sewer_Code_Revision_Outside_Issue_2004.doc\DMCtp C. SERVICE OUTSIDE OF CITY: 1-Permitted When: Sewer service to properties outside the City's corporate limits will Pet -be permitted eXGept WRdeFwhen . the property is within the CitV's adopted Potential Annexation Area (PAA), approved Sanitary Sewer Service Boundary, or within a Special Assessment District of the City. Sanitary sewer service will only be granted to those properties whose proposed connection meets the following three Renton Land Use dimensions: a) General land use category, i.e. residential, commercial, office, or industrial; b) Residential density; and c) Structure type and scale, i.e. number of residential units per building. ._ .. .. ------------------- .. 101011 N, 2. Potential Annexation Area: The owner(s) of property in Renton's Potential Annexation Area shall, prior to connecting to the sewer, execute a covenant running with the land by which the owners, their heirs, successors, or assigns are obligated to affirmatively support any legal and constitutional method of annexation. 3. Rates: The rates to such special users shall be as stipulated in RMC 8_5- 15. (Ord. 4467, 8-22-1994; Amd. Ord. 4677, 8-4-1997; Ord. 4907, 6-4-2001; Ord. 4969, 6-3-2002; Ord. 4981, 8-5-2002; Ord. 5002, 2-10-03) WAW WP-03-0000 Correspondence - Wastewater\davcc\Sevver Cale Revision Outside Code (:hanae Text 2004.doc##-�Maa Change T;,.,�z 2004— �\DMCtp CITY OF RENTON, WASI NGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-6-040.0 OF CHAPTER 6, STREET AND UTILITY STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REVISING POLICIES BY WHICH THE CITY ALLOWS CONNECTION TO ITS SANITARY SEWER SYSTEM BY PROPERTY OWNERS OUTSIDE OF THE CURRENT CITY LIMITS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION I. Section 4-6-040.0 of Chapter 6, Street and Utility Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: C. SERVICE OUTSIDE OF CITY: 1. Permitted When: Sewer Service to properties outside the City's corporate limits will be permitted when the property is within the City's adopted Potential Annexation Area (PAA), approved Sanitary Sewer Service Boundary, or within a Special Assessment District of the City. Sanitary Sewer Service will only be granted to those whose proposed connection(s) meet(s) the following three Renton land use dimensions: industrial; a. General land use category, i.e. residential, commercial, office, or b. Residential density; and C. Structure type and scale, i.e. number of residential units per building. 1 1 ORDINANCE NO. 2. Potential Annexation Area: The owner(s) of property in Renton's Potential Annexation Area shall, prior to connecting to the sewer, execute a covenant running with the land by which owners, their heirs, successors, or assigns are obligated to affirmatively support any legal and constitutional method of annexation. 3. Rates: The rates to such special users shall be as stipulated in RMC 8-5-15. SECITON IL This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1155:11/23/04:ma Kathy Keolker-Wheeler, Mayor 2 From: Citizens to Council Via Clerk To: Darla Date: Mon, Nov 22, 2004 9:06 AM Subject: Re: Shopping carts Dear Ms. Casebolt: Thank you for your e-mail to the Renton City Council. Copy is being forwarded to all Councilmembers for review and consideration. If I can provide further assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Darla" <caseboltd@comcast.net> 11/20/2004 1:58:57 PM >>> In response to the question of shopping cart abandonment. I suggest you consider using the system that the airport has. Pay for the use of the cart and receive that payment back when the cart is returned. Putting a fine on the stores themselves is going to result in higher prices at those stores. This in turn will hurt more people than the system mentioned above. Darla Casebolt 215 Pelly Avenue No. Renton, WA 9 Aso c S 425-255-7194 CITY OF RENTON WASHINGTON . DR4#tr RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF KENT FOR PAYMENT AND SUPERVISION OF SALES TAX SOURCING LOBBYIST SERVICES. WHEREAS, the City of Renton has been working with a significant number of cities on the issues related to changing the sales tax allocation from one of origin based to a destination based system; and WHEREAS, the City of Renton supported an Association of Washington Cities effort this past summer to find a solution to the sales tax sourcing issues; and WHEREAS, no outcome was agreed upon that would mitigate the City of Renton from losing sales tax revenue of $1,000,000; and WHEREAS, the cities that have built their economic base on industrial and warehouse businesses, and cities use sales tax revenue to pay for basic services that include street maintenance, public safety, and parks. And, the cities will experience a significant loss of revenue from the recommended sales tax reallocation changes; and WHEREAS, these cities have decided to spend more time talking to legislators about these issues and some mitigation options developed over the summer; NOW THEREFORE, THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: RESOLUTION NO. 11�polp' 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 Interlocal Agreement between the City of Renton and the City of Kent to hire lobbyist services in regards to this matter; and to permit the City of Kent to supervise and pay for the stated lobbyists. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney day of , 2004. Bonnie Walton, City Clerk _ day of 72004. Kathy Keolker-Wheeler, Mayor 2 H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\SST Interlocal Agreement Resolution.doc From: Citizens to Council Via Clerk To: Darla Date: Mon, Nov 22, 2004 9:06 AM Subject: Re: Shopping carts Dear Ms. Casebolt: Thank you for your e-mail to the Renton City Council. Copy is being forwarded to all Councilmembers for review and consideration. If I can provide further assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Darla" <caseboltd @ comcast. net> 11/20/2004 1:58:57 PM >>> In response to the question of shopping cart abandonment. I suggest you consider using the system that the airport has. Pay for the use of the cart and receive that payment back when the cart is returned. Putting a fine on the stores themselves is going to result in higher prices at those stores. This in turn will hurt more people than the system mentioned above. Darla Casebolt 215 Pelly Avenue No. Renton, WA g8o55 425-255-7194 TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT r �r C r `�� 0 Ui'4Co iL December 6, 2004 Date /a2-G- any Maple Valley Highway (SR 169) Construction, Phase 1, Grant Reimbursement (Referred Nov. 22, 2004 The Transportation/Aviation Committee recommends concurrence in the staff recommendation to accept federal Surface Transportation Program/Urban Countywide grant funding in the amount of $392,947 for construction of the Maple Valley Highway (SR 169) HOV (high occupancy vehicle) Lanes and Queue Jump Improvements Project, Phase 1. This work will consist of roadway, and.pedestrian improvements on SR 169 in the vicinity of the I-405 on and off ramps. The Committee further recommends that the resolution authorizing the Mayor and City Clerk to enter into. the agreement with the Washington State Dept:.` of Transportation regarding this matter be presented -for reading and'adoption. andy Corman, Vice -Chair n Terri Briere, cc: Sandra Meyer Nick Afzak Sharon Grim Leslie Lahndt Rob Lochmiller li:\transportation\gritin\CommReports\TCR 2004 SR 169 Countywide TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT December 6, 2004 A7770vmn BY C 4' COUNCIL. Date 42- Strander Boulevard/SW 27th Street Connection Project Supplemental Agreement No. 1 (CAG 03-033) (Referred'November 22, 2004) The Transportation/Aviation Committee recommends concurrence in the staff recommendation that: $1.97,437 be transferred_ to. the Strander Boulevard/SW 271h. Street Connection Project to complete the fitll'design for portion of this roadway by transferring these funds from the Benson Road/$ 3J. Street Traffic Signal. Project ($138,000) and the Transit. Priority. Signal Project ($59,437).:; The Transportation Committee further recommends that.Council authorize the Mayor and City Clerk to execute the Supplemental Agreement with Perteet Engineering, Inc. for . additional preliminary engineering services in the amount of $197,437. Marcie Palmer, Chair andy Corman, Vice. Chair Terri B ere, Member cc: Rob Lochmiller Connie Brundage H:Trans/admin/Committ/2004/Strander Blvd -SW 27°1 Street Connection Project COMMITTEE ON COMMITTEES COMMITTEE REPORT December 6, 2004 Council Committee Assignments for 2005 A77,77 VED BY ! Date The Committee on Committees recommends the following committee chairmanships and committee assignments for the Council for 2005: FINANCE (2, & 4 Mondays, 6:00 pm) Don Persson, Chair Toni Nelson, Vice -Chair Denis Law, Member PUBLIC SAFETY (15 & 3` Mondays, 6:00 pm) Denis Law, Chair Randy Corman, Vice -Chair. Toni Nelson, Member UTILITIES (1S &� 3`dTThursdays, 4:00 pm)`; , Randy Corman, Chair Marcie Palmer, Vice -Chair Dan Clawson, Member Terri Briere; Pr sident-elect Randy Corman, President Pro-Tem-elect. arcie Palmer, Member PLANNING & DEVELOPMENT. (15 & 3` Thursdays, 2:00 pm) Dan Clawson, Chair Denis Law, Vice -Chair Marcie Palmer, Member TRANSPORTATION / AVIATION (151 & 3fa Thursdays, 3:00 pm) Marcie Palmer; Chair Don` Persson, Vice -Chair Randy Corman, Member COMMUNITY SERVICES (2" &.4 iV hdays 5:30 pm) Toni NelIson; Chair Dan Clawson, Vice -Chair Don Persson, Member PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT December 6, 2004 R-1 Zone Community Separators . (Referred January, 26, 2004) Cif" QUi"61C . i Date The Planning and Development Committee reviewed the staff analysis and Planning Commission recommendation on R-1 cluster and open space requirements in the City's designated Urban Separators. The Planning Commission recommended that clustered development be required and that a mandatory 50% open space tract be .established to meet Urban. Separator policies. The Planning and Development Committee concurs with this recommendation and further recommends that staff develop an ordinance . that provides equivalent or better implementation of the Urban Separator than currently set forth in the King County code. The Committee further 'recommends that the implementation of urban separators include. a mechanism to grant a density bonus up to the maximum density presently allowed by the King County code, provision, of utilities, "including sewer connections to parcels, and/or consideration'of a means'to achieve a` conriected.and contiguous open space corridor within the Urban Separator: Further review should'..consider issues such as fencing requirements, the location of`the open. space corridor -within `a parcel, and the threshold for establishing the open space tract on individual ,parcels: This item will remain in Committee for further review and recorrimendation' on these implementation issues. Terri Brier , Chair . Dan Clawson, Vice Chair LJ Denis W. Law,, Member cc: Jay Covington Alex Pietsch Rebecca Lind CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 oZ3 CGr� /,L_oy DR4 S&I V A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF KENT FOR PAYMENT AND SUPERVISION OF SALES TAX SOURCING LOBBYIST SERVICES. WHEREAS, the City of Renton has been working with a significant number of cities on the issues related to changing the sales tax allocation from one of origin based to a destination based system; and WHEREAS, the City of Renton supported an Association of Washington Cities effort this past summer to find a solution to the sales tax sourcing issues; and WHEREAS, no outcome was agreed upon that would mitigate the City of Renton from losing sales tax revenue of $1,000,000; and WHEREAS, the cities that have built their economic base on industrial and warehouse businesses, and cities use sales tax revenue to pay for basic services that include street maintenance, public safety, and parks. And, the cities will experience a significant loss of revenue from the recommended sales tax reallocation changes; and WHEREAS, these cities have decided to spend more time talking to legislators about these issues and some mitigation options developed over the summer; NOW THEREFORE, THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: t RESOLUTION NO. O?*,A SECTION I. The above findings are true and correct in all respects. ?b SECTION II. The Mayor and City Clerk are hereby authorized to enter into Interlocal Agreement between the City of Renton and the City of Kent to hire lobbyist services in regards to this matter; and to permit the City of Kent to supervise and pay for the stated lobbyists. PASSED BY THE CITY COUNCIL this day of , 2004. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Bonnie Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2 H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\SST Interlocal Agreement Resolution.doc 2004. CITY OF RENTON, WASHINGTON RESOLUTION NO. S V A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT AMENDING CERTAIN TERMS OF PRIOR H A'S BETWEEN THE CITY OF RENTON AND YAKIMA COUNTY. WHEREAS, the City of Renton, 34 other municipalities, and Yakima County are permitted by law to enter into agreements pursuant to the Interlocal Cooperation Act (RCW 39.34); and WHEREAS, on August 27, 2002, Renton and 34 other municipalities entered into an Interlocal Agreement (hereinafter long-term ILA) with Yakima County, for the purpose of housing inmates in Yakima County jail facilities; and WHEREAS, the long-term ILA of August 27, 2002, was amended on October 31, 2002 (hereinafter Amendment I to the long-term ILA);. and WHEREAS, the City of Renton desires to clarify certain terms related to the duration of the long-term ILA, billing and payment methodology, daily fees to be charged, annual reconciliation methodology, and establishing what is chargeable against the medical premium; and WHEREAS, it is necessary to document the terms and conditions of contracts between the City of Renton and Yakima; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION H. IThe Mayor and City Clerk are hereby authorized to enter into the Interlocal Agreement between the City of Renton, 34 other municipalities, and Yakima County, amending certain terms of the long-term ILA and Amendment I to the long-term ILA relating to the duration of the long-term ILA billing and payment methodology, daily fees to be charged, annual reconciliation methodology, and establishing what is chargeable against the medical prermum PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence I Warren, City Attorney RES. 1080:11 /24/04 : ma day of 12004. Bonnie I. Walton, City Clerk day of 2004. Kathy Keolker-Wheeler, Mayor N i CITY OF RENTON, WASHINGTON RESOLUTION NO. 9 7aS' A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) FOR FUNDING OF CONSTRUCTION OF THE MAPLE VALLEY (SR 169) HOV LANES AND QUEUE JUMP IMPROVEMENTS. WHEREAS, the Maple Valley Highway from Interstate 405 to 1400' Way SE currently has a high volume of traffic and is a high congestion corridor; and WHEREAS, the proposed HOV lanes and queue jump improvements will provide travel time benefits for transit and car/van pools on a cost-efficient basis; and WHEREAS, the queue jumps and bypass lanes will provide transit priority signal improvements near I-405 northbound and southbound ramps and at 140''' Way SE; and WHEREAS, the federal government, through the Washington State Department of Transportation, is willing to provide the City with $392,947 out of the projected construction cost of $1,150,000; and WHEREAS, it is necessary to document the terms and conditions under which such funds will be provided to the City of Renton; and WHEREAS, the City of Renton will be seeking additional grant funds from the Washington State Department of Transportation to construct further phases of this project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION 1. The above findings are true and correct in all respects. 1 •� M RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with the Washington State Department of Transportation entitled "Local Agency Agreement for Maple Valley (SR 169) HOV lanes and Queue Jump Improvements" SECTION III. The Mayor and City Clerk are further authorized to enter into such further agreements necessary to obtain additional grant funds from the Washington State Department of Transportation to construct further phases of this project, but shall keep the City Council advised of the receipt of such additional grant funds, the total cost of this project, and the progress and local funding for the project. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1072:9/27/04:ma day of , 2004. Bonnie I. Walton, City Clerk day of , 2004. Kathy Keolker-Wheeler, Mayor 2 II �% - �'-&/ d CITY OF RENTON, WASHINGTON RESOLUTION NO. 37a 6 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO INTERLOCAL AGREEMENTS WITH GOVERNMENT AGENCIES FOR THE CITY OF RENTON TO PROVIDE JAIL BOOKING SERVICES ON A SPACE -AVAILABLE BASIS. WHEREAS, the City of Renton Jail has bed space available that can be used by other law enforcement agencies; and WHEREAS, the Renton Jail has been asked by several South King County agencies to accept direct jail bookings from them; and WHEREAS, these agencies will pay a set booking and daily maintenance fee, per inmate, to the City of Renton; and WHEREAS, the Washington State Legislature revised RCW 70.48.390 in 2003 to allow jails to collect full booking and daily maintenance fees directly from individuals booked into jail; and WHEREAS, in December 1999, King County closed the Regional Justice Center for bookings after business hours, which requires that prisoners be transported to the main King County facility in Seattle on weekends, and after 5:00 p.m. on weekdays, thereby creating a high demand for more local and economical jail booking service in the South King County region; and WHEREAS, King County entered into an agreement in 2002 with 35 of 37 cities for inmate housing, which agreement requires removal of all municipal agency misdemeant inmates from King County jails by December 31, 2012, and also requires interim reductions in the use of King County jails before the 2012 deadline; and 1 RESOLUTION NO. WHEREAS, in 2005 the King County Jail will increase its fees 5.8 percent, to $176.20 for booking and $92.33 for the daily maintenance fee; and WHEREAS, thirty-five (35) cities currently have contracts with Yakima County Jail and these cities try to keep their contracted number of beds full in Yakima since Yakima County Jail does not charge a booking fee and the 2005 daily maintenance rate is $64.83 per day; and WHEREAS, in order to increase the number of inmates transferred to Yakima County, the number of inmates booked into King County must be reduced and to achieve this goal, bookings from law enforcement agencies must be diverted from King County Jail and taken directly to other jail facilities that have transportation arrangements with Yakima County Jail; WHEREAS, the City of Renton jail can serve as a booking facility, has prior experience as a booking facility, currently has bed space available, and has transportation arrangements with Yakima County Jail; and WHEREAS, Renton can now be compensated for booking and daily maintenance fees, which will increase revenue to the City of Renton; and WHEREAS, the City of Renton Police Department recommends entering into interlocal agreements with other agencies to provide jail services; and Washington State law RCW 70.48.090 allows for contracting between governments for jail services and requires that contracts: a) be in writing; b) give responsibility to the governing unit for the operations of the jail; c) specify responsibility of each governing unit involved; and d) include applicable charges and a basis for adjustments; and WHEREAS, it is necessary to document the terms and conditions of Interlocal Agreements between agencies; N »h RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE 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 Interlocal Agreements between the City of Renton and agencies requesting jail services on a space -available basis, to establish the terms that will govern the rights, duties, and responsibilities of the agencies in their dealings with each other as regards to jail services for the booking and housing of inmates. PASSED BY THE CITY COUNCIL this day of 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney RES. 107 7 :10/ 14/04 : m a Kathy Keolker-Wheeler, Mayor 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF THE ALLEY RUNNING NORTH TO SOUTH, SOUTH OF S. 2"D STREET BETWEEN WILLIAMS AVENUE S. TO THE WEST AND WELLS AVENUE S. TO THE EAST (SAVREN SERVICE CORPORATION; VAC 03-002) WHEREAS, a proper petition for vacating a portion of the alley running north to south, south of S. 2a Street between Williams Avenue S. to the west and Wells Avenue S. to the east, was duly filed with the City Clerk on or about July 13, 2003, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council, by Resolution No. 3654, passed and approved on September 8, 2003, and after due investigation did fix and determine the day of October 6, 2003, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon; and the City Clerk having given due notice of such hearing in the manner provided bylaw, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION L The following described portion of the unimproved alley, to wit: ORDINANCE NO. (A portion of the alley running north to south, south of S. 2nd Street between Williams Avenue S. to the west and Wells Avenue S. to the east ) See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under and on all that part as described on Exhibit "A" in favor of the City. 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 without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. The City may from time to time 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 entire right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated 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 the petitioner shall provide public access to the remaining alley across the petitioner's property through a right-of-way dedication. SECTION U. The City Council hereby elects to charge a processing fee of $250 (Two Hundred and Fifty Dollars) to the petitioner -owners, such charge being reasonable and proper. PA ORDINANCE NO. SECTION M. 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 APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1154 :11 /22/04: ma 3 day of , 2004. Bonnie I. Walton, City Clerk day of , 2004. Kathy Keolker-Wheeler, Mayor EXHIBIT A LEGAL DESCRIPTION STREET VACATION VAC-03-002 The east 8.00 feet of Lots 1, 2 and 3 and the West 8.00 feet of Lots 18, 19 and 20, Block 22, Town of Renton, according to the plat thereof, as recorded in Volume 1 of Plats, Page 135, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 1; Thence South 89053'56" East along the north line thereof, a distance of 112.13 feet, more or less, to the west line of the east 8 feet of said Lot 1 and the True Point of Beginning; Thence continuing South 89°53'56" East along said north line and the north line of said Lot 20, a distance of 16.00 feet, to the east line of the west 8 feet of said Lot 20; Thence South 00000'52" East along said east line of the west 8.00 feet of said Lots 20, 19 and 18, a distance of 150.04 feet, more or less, to the south line of said Lot 18; Thence North 89°53'55" West along said south line of Lot 18 and along the south line of said Lot 3, a distance of 16.00 feet to the west line of the east 8 feet of said Lot 3; Thence North 00°00'52" West along said west line of the east 8.00 feet of said Lots 3, 2 and 1, a distance of 150.04 feet, more or less, to the True Point of Beginning. ALL SITUATE in the Southwest Quarter of Section 17, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. 0 S. 2ND STREET N89'53'56"W c)n 16,00' S89753'S E 112.13' N89'53'56 W 112.13' 1 20 I 30' 30' I 30' o N I ui 2 19 u>j to W Q 3 0 0 18 I Q Z Z I cn W •— S89'S3'S5"E 112.09' • I � 4 S89*5rowN� i 116.003 55 E 17 �- - - - �?RENT SCALE: 1" = 50' 0 25 50 100 TRIAD ASSOCIATES -_ 11814 115th Ave. NE Kirkland, WA 98034-6923 425.821.8448 www.triadassoc.dom O i k MANAGER: GO DESIGNED: CADD: A✓ CHECKED: BC DATE: 8-20-03 SCALE: HORIL• 1 "-50' VERT.: JOB NUMBER 03-128 SHEET NUMBER 1 OF 1 CITY OF RENTON, WASHINGTON ORDINANCE NO, AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF THE UNIMPROVED ALLEY LOCATED SOUTH OF NE 30"' ST., WEST OF KENNEWICK PL. NE, AND NORTH OF THE ABANDONED PACIFIC COAST RAILROAD RIGHT-OF-WAY (KENNYDALE ELEMENTARY SCHOOL - RENTON SCHOOL DISTRICT; FILE NO. VAC-04-003) WHEREAS, a proper petition for vacating a portion of the unimproved alley located south of NE 300 St., west of Kennewick Pl. NE, and north of the abandoned Pacific Coast Railroad right-of-way was duly filed with the City Clerk on or about July 13, 2004, and said petition having been signed by the owners representing more than two- thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City Council, by Resolution No. 3709, passed and approved on August 16, 2004, and after due investigation did fix and determine the day of September 20, 2004, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon; and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described portion of the unimproved alley, to wit: (The portion of the unimproved alley located south of NE 30t' St., west of Kennewick Pl. NE, and north of the abandoned Pacific Coast Railroad right- of-way) See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under and on all that part as described on Exhibit "A" in favor of the City. 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 without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. The City may from time to time 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 entire right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated 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. SECTION H. The City Council hereby elects to charge a processing fee of $250 (Two Hundred and Fifty Dollars) to the petitioner -owners, such charge being reasonable and proper. PA ORDINANCE NO. SECTION M. 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 APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 115 3 :11 /22/04 : ma 3 Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2004. 2004. Green Gasaway Architects Job No. 246-011-004 September 30, 2004 EXHIBIT A LEGAL DESCRIPTION FOR ALLEY VACATION \M I/ That alley, being 12 feet in width, described and delineated in that Plat of "C.D. Hillmans Lake Washington Garden of Eden Addition to Seattle No.1" as recorded in Volume 11 of Plats, Page 63, Records of King County, Washington, lying easterly of Tract 48, westerly of Tract 49, southerly of North East 30"' Street being also known as South East 94"' Street, and northerly of the Abandoned Pacific Coast Railroad Right of Way, situate in the southwest quarter of Section 32, Township 24 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Containing 5,335 square feet, more or less. See attached Exhibit B. Written by: D.WA. Checked by: M.R.B. islesm-jobs124611 1041documentlegal-001.doc 720 South 348th Street Tel (253) 838 6113 Tacoma (253) 927 0619 I Civil Engineering Land Planning Federal Way, WA 98003 Fax (253) 838 7104 Seattle (206) 623 5911 Project Management Public Works www.esmcivii.com Bremerton (360) 792 3375 Land Surveying EXHIBIT "B" TO ACCOMPANY LEGAL DESCRIPTION FOR ALLEY VACATION A PORTION OF THE SW 1 /4 OF SECTION 32, TWP. 24 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON NE 30TH STREET F TO ED n I SCALE: 1" =100' r� z f o wLd r� \ t � �r v �\-P\,�ow v ui JOB NO. DRAWING NAME DATE : DRAWN SHEET 1 OF 1 246-012-004 SR-01 9/30/04 D.W.A.