Loading...
HomeMy WebLinkAboutCouncil 03/08/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING March 8, 2004 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. APPEAL: Planning & Development Committee report re: Harrington Square Site Plan INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 4. ADMINISTRATIVE REPORT 5. 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. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of March 1, 2004. Council concur. (CONTINUED ON REVERSE SIDE) b. City Clerk submits appeal of Hearing Examiner's decision on the request to designate property located at 2217 Maple Valley Hwy. as a card room; appeal filed by Charlie Shane, PO Box 578, Mercer Island, 98040, representing RaMac, Inc. on 2/19/2004, accompanied by required fee (File No. LUA-04-013). Refer to Planning & Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties (RMC 4-8-110F.6.) c. Development Services Division recommends an amendment to the City Center sign code regulations to allow roof signs within the City Center Sign Regulations Area subject to an administrative modification. Refer to Planning & Development Committee. d. Police Department recommends approval of the kenneling service agreement with The Humane Society for Seattle/King County. Council concur. e. Transportation Systems Division recommends approval of Supplemental Agreement No. 1 to CAG-04-013, contract with W&H Pacific for the North Renton infrastructure improvements, for South Lake Washington roadway improvements engineering, design, and survey services in the amount of $1,258,321.39. Refer to Transportation (Aviation) Committee. 7. CORRESPONDENCE OLD 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: King County Mitigation Funds b. Community Services Committee: Municipal Arts Commission Appointment (Middlebrooks); Airport Advisory Committee Appointments c. Finance Committee: Vouchers d. Transportation (Aviation) Committee: Trans -Valley Corridor Study Interlocal Agreement*; Aero-Tech Avionics Operating Permit and Agreement 9. ORDINANCES AND RESOLUTIONS Resolution: Trans -Valley Corridor Intelligent Traffic Management System agreement (see 8.d.) Ordinances for first reading: a. Approving the Bales Annexation (Council approved 3/l/2004) b. Establishing zoning for the Bales Annexation area (Council approved 3/l/2004) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room, 7th Floor 6:00 p.m. Emerging Issues; King County Mitigation Funds • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting March 8, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON, Council President; TONI NELSON; DAN CLAWSON; COUNCILMEMBERS DENIS LAW; TERRI BRIERE; MARCIE PALMER. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILMAN RANDY CORMAN. CARRIED. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; DEREK TODD, Assistant to the CAO; COMMANDER KATHLEEN MCCLINCY, Police Department. APPEAL Planning and Development Committee Chair Briere presented a report Appeal: Harrington Square regarding the Harrington Square Site Plan (SA-03-066) appeal. On March 4, Site Plan, Shreve & Gevers, 2004, the Committee convened to consider the appeals of the decision of the SA-03-066 Hearing Examiner dated December 15, 2003. The subject property is located at 950 Harrington Ave. NE, Renton, Washington. The applicant, Harrington Square Associates LLC, sought approval for the construction of a mixed -use project consisting of 210 multi -family dwelling units, 2,980 square feet of retail space with associated parking, and site improvements in the CS (Center Suburban) zone. The Hearing Examiner approved the site plan with conditions. Three subsequent motions for reconsideration on a number of conditions were denied by the Hearing Examiner on January 12, 2004, and appeals to the City Council followed. The applicant appealed Condition No. 7 of the Hearing Examiner's decision regarding the requirement that the applicant extend offsite water mains. Mr. Gevers, a local citizen, appealed Condition No. 8 regarding the likelihood of traffic impacts caused by the project; Condition No. 11 regarding the slope and height of the site; and Condition No. 13 regarding the maximum height of the building. FINDINGS OF FACT The Committee found that Condition Nos. 8, 11, and 13 are appropriate conditions for the proposed site, the appeal of Condition No. 7 having been withdrawn by the applicant during the Committee meeting. CONCLUSIONS OF LAW The Hearing Examiner's conclusions contain no errors of law or fact. RECOMMENDATIONS The Committee recommended the City Council approve the site plan with the conditions as proposed on pages 8 and 9 of the Hearing Examiner's decision dated December 15, 2003. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. March 8, 2004 Renton City Council Minutes Page 70 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: In 2003, an estimated 2,052 volunteers contributed 63,676 hours of service to the City of Renton, ranging from administrative support to special events. * 2003 Grammy Award winners Eric Tingstad and Nancy Rumbel will perform at Carco Theatre on March 13th, providing an evening of award - winning instrumental music. * The City is in the process of building the sidewalk along the east side of Smithers Ave. S. that will connect to the sidewalk being constructed by the developer of the Park Lane Short Plat along Smithers from S. 23rd St. to their northern property line. The City is also installing drainage improvements, and the street will receive an asphalt overlay this summer. AUDIENCE COMMENT Mike O'Halloran, 4420 SE 4th St., Renton, 98059, suggested that the City Citizen Comment: O'Halloran - locate its Parks Maintenance Facility on the Department of Transportation lot Parks Maintenance Facility on NE 3rd St., rather than on an existing park property. If the use is not Location compatible on that particular site due to noise reasons, he suggested that the City compel King County to give up some of its land located in the Highlands area for the facility. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Persson requested that item 6.e. be removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of March 1, 2004. Council concur. March 1, 2004 Appeal: Maple Valley Hwy City Clerk submitted appeal of Hearing Examiner's decision on the request to Card Room, RaMac Inc, LUA- designate property located at 2217 Maple Valley Hwy. as a card room; appeal 04-013 filed by Charlie Shane, PO Box 578, Mercer Island, 98040, representing RaMac, Inc. on 2/19/2004, accompanied by required fee (File No. LUA-04- 013). Refer to Planning & Development Committee. Development Services: City Development Services Division recommended an amendment to the City Center Center Area Roof Signs sign code regulations to allow roof signs within the City Center Sign Regulations Area subject to an administrative modification. Refer to Planning & Development Committee. Police: Kenneling Service Police Department recommended approval of the kenneling service agreement Agreement, Human Society with The Humane Society for Seattle/King County. Council concur. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.e. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Transportation Systems Division recommended approval of Supplemental Item 6.e. Agreement No. 1 to CAG-04-013, contract with W&H Pacific for the North CAG: 04-013, North Renton Renton infrastructure improvements, for South Lake Washington roadway Infrastructure Improvements, improvements engineering, design, and survey services in the amount of W&H Pacific $1,258,321.39. March 8, 2004 Renton City Council Minutes Page 71 Council President Persson explained that this project has been discussed by Council, and due to the timeliness of the project, suggested approval of the item rather than referral to the Transportation (Aviation) Committee. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL APPROVE CONSENT AGENDA ITEM 6.e. AS PRESENTED. CARRIED. OLD BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the Mayor's appointment of Linda Middlebrooks Committee to the Municipal Arts Commission for an unexpired three-year term that expires Appointment: Municipal Arts 12/31/2004, replacing Paul Webb who resigned. MOVED BY NELSON, Commission SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment: Airport Community Services Committee Chair Nelson presented a report Advisory Committee recommending concurrence in the Mayor's appointments to fill vacant three- year terms on the Airport Advisory Committee as follows: Roger Lewis (unexpired term expires 5/7/2006), Jennifer Ann Rutkowski (unexpired term expires 5/7/2005), Beverly Freer (unexpired term expires 5/7/2005), Colleen Ann Deal (unexpired term expires 5/7/2006), and Jeffrey Davis (unexpired term expires 5/7/2006). MOVED BY NELSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Vice Chair Law presented a report recommending approval Finance: Vouchers of Claim Vouchers 224457 - 224813 and six wire transfers totaling $2,750,057.51; and approval of Payroll Vouchers 49393 - 49620, one wire transfer and 569 direct deposits totaling $1,764,739.60. MOVED BY LAW, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report regarding Committee the Trans -Valley Corridor Intelligent Traffic Management System interlocal Transportation: Trans -Valley agreement. The Trans -Valley Intelligent Transportation System (ITS) project is Corridor Traffic Management a multi -agency, King County led Capital Improvement Project (CIP #400400) System Interlocal Agreement along the Trans -Valley corridor for the purpose of designing and constructing the ITS for the corridor. The corridor is defined as starting from SE 184th St. on Petrovitsky Rd. and following along on SE 176th St., Carr Rd., SW 43rd St./S. 180th St., and onto SE 180th St. where it ends at Southcenter Parkway. Tukwila, Renton, the State, and King County own traffic signals and related equipment along the corridor. Additional equipment to be owned by these parties will be provided by King County as part of this project. Renton's match fund share of the project is $50,000 for design and construction of the project. Renton will provide fiber optic cable between the Renton Traffic Management Center and the Trans -Valley ITS corridor. The fiber optic connection is considered an in -kind contribution with a value of $50,000 to the project and, therefore, fulfills Renton's share requirement. The interlocal agreement for design and construction serves to establish that the construction of the project would optimize the use of existing signals and turn lanes along the corridor, and establishes King County as the lead agency to coordinate the project. The Committee recommended concurrence in the staff recommendation that Council authorize the Mayor and City Clerk to accept the terms and conditions stated within the interlocal agreement for design and construction of the Trans - Valley ITS project. The Committee further recommended that the resolution March 8, 2004 Renton City Council Minutes Page 72 regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Airport: Aero-Tech Avionics Transportation (Aviation) Committee Chair Palmer presented a report Operating Permit & recommending concurrence in the staff recommendation to approve the Agreement operating permit and agreement with Aero-Tech Avionics, Inc. to initiate an avionic maintenance and sales shop at the Airport. Aero-Tech Avionics, Inc. will be a sublessee of the Boeing Employees Flying Association. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3687 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Trans -Valley interlocal agreement regarding the Trans -Valley Corridor Intelligent Traffic Corridor Traffic Management Management System. MOVED BY BRIERE, SECONDED BY PERSSON, System Interlocal Agreement COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 3/15/2004 for second and final reading: Annexation: Bales, SE 128th An ordinance was read annexing contiguous unincorporated territory known as St & SE 130th St the Bales Annexation (8.52 acres generally bounded by NE 4th St., SE 130th St., 155th Ave. SE, and 152nd Ave. SE), by the election method, setting the taxation rate, and fixing the effective date of the annexation. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/15/2004. CARRIED. Annexation: Bales, R-1 Zoning An ordinance was read establishing the zoning classification of R-1 (Residential - one dwelling unit per net acre) for the Bales Annexation, consisting of 8.52 acres generally bounded by NE 4th St., SE 130th St., 155th Ave. SE, and 152nd Ave. SE. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/15/2004. CARRIED. NEW BUSINESS Councilwoman Nelson reviewed Renton School District happenings, which School District: Activities included: Renton High School's Physics II class placement as second in the American Society of Civil Engineers' Bridge Building Competition; Renton High School's boys basketball team placement as fourth in the state tournament; Hazen High School students involvement in the Earth Service Corp; the Reading Buddy program at Dimmitt Middle School; and the reading challenge at Sierra Heights Elementary School. Council: Retreat (3/2 & Mayor Keolker-Wheeler thanked Councilmembers for their participation during 3/3/2004) the Council retreat held on March 2 and 3, 2004. Council President Persson added that he will present a report on the Council retreat at an upcoming Council meeting. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 8:00 p.m. BONNIE I. WALTON. City Clerk Recorder: Michele Neumann, March 8, 2004 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 8, 2004 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 3/15 Emerging Issues (Persson) 6:00 p.m. *Council Conference Room* Approximately Legislative Wrap -Up; 6:30 p.m. Aquatic Center Opening Policies *Council Chambers* COMMUNITY SERVICES (Nelson) FINANCE (Corman) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) 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. APPROVE:") ny 1 C i T V C0 iL PLANNING & DEVELOPMENT Date 3_ F- a00� 1 COMMITTEE REPORT March 8, 2004 Haarringto SSquare Site Plan Review Fe LU'A=03-66, SA_H, ECF (Referred 2/9/04) On March 4, 2004, the Planning & Development Committee convened to consider the appeal of the decision of the Hearing Examiner dated December 15, 2003. The subject property is located at 950 Harrington Avenue NE, Renton, Washington. The applicant, Harrington Square Associates LLC, sought approval for the construction of a mixed use project consisting of 210 multi family dwelling units, 2,980 square feet of retail space, with associated parking and site improvements in the CS zone. The Hearing Examiner approved the site plan with conditions. Three subsequent motions for reconsideration on a number of the, conditions were denied by the Hearing Examiner on January 12, 2004, and an appeal to the City Council followed. The Applicant is . appealing Condition No. 7 of the Hearing Examiner's decision, regarding the requirement that the applicant extend offsite water mains. Mr. Gever, a local citizen, is appealing Condition No. 8 regarding the likelihood of traffic impacts caused by the project; Condition No. 11 regarding the slope and height of the site; and Condition No. 13 regarding the maximum height of the building. FINDINGS OF FACT The Committee finds that Condition Nos. 8, 11, and 13 are appropriate conditions for the proposed site, the appeal of Condition 7 having been withdrawn by the applicant during the committee meeting. CONCLUSIONS OF LAW The Hearing Examiner's conclusions contain no errors of law or fact. Planning & Development Committee Report Urban Crafts Page 2 RECOMMENDATIONS The Committee recommends the City Council approve the site plan with the conditions as proposed on pages 8-9 of the Hearing Examiner's decision dated December 15, 2003. Terri Briere, hair Dan Clawson, Vice Chair a Denis Law, Member C: Susan Fiala YAa k'ajvs CITY OF RENTON MEMORANDUM DATE: March 8, 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, AND LEGAL SERVICES DEPARTMENT • On Saturday, March 13"', from noon to 4:00 p.m., Puget Sound Access (PSA) will hold a public open house at their new community access cable television studio, located in Kent at 22412 72nd Ave. S., Building C. PSA is a non-profit organization created to bring communication tools to south King County residents. It will offer training workshops in video production and coordinate programming to be accessed on cable channel 77 in south King County. Residents of the member cities of Auburn, Burien, Kent, Renton, SeaTac, and Tukwila are encouraged to tour the new studio and visit the editing suites and meeting rooms available for their use. • City of Renton volunteers make a significant difference in helping the City in several different areas, ranging from administrative support to special events. In 2003, an estimated 2,052 volunteers contributed 63,676 hours of service. The Bureau of Labor Statistics calculates volunteer time at $16.54 per hour. Based on that figure, the City received over $1 million worth of volunteer service in 2003. COMMUNITY SERVICES DEPARTMENT • In 2003, 224 survey questionnaires were mailed to residents who had received assistance from the City of Renton Housing Repair Assistance Program, managed by the Human Services Division. 165 respondents indicated their health and safety were improved because of the repairs, with 78% reporting that the services were excellent. This program helps low to moderate income Renton homeowners maintain their homes which, in turn, keeps housing affordable and neighborhoods attractive and safe. • The North Renton Neighborhood Association has renewed their commitment to planting flowers in the two planters at the entrance to the Renton Public Library, which will be bright and welcoming to the public thanks to this group's efforts. • 2003 Grammy Award winners Eric Tingstad and Nancy Rumbel will perform at Carco Theatre on Saturday, March 13t', at 8:00 p.m. by providing an evening of award -winning instrumental music. Ticket prices are $15 for adults and $12 for students and seniors. For more information or to reserve tickets, call 425-430-6707. FIRE DEPARTMENT • Recently, Maria Federici was seriously injured while driving on 1-405 when a large piece of wood fell off a trailer and smashed through the windshield of her car. Maria's mother stopped by Renton Fire Station 12 to thank the firefighters who responded to the accident, extricated her daughter, and performed emergency aid. Administrative Report March 8, 2004 Page 2 PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • As directed by the City Council, we are in the process of building the sidewalk along the east side of Smithers Avenue South. The developer of the Park Lane Short Plat on the corner of South 23rd and Smithers Avenue South is constructing sidewalks along Smithers from South 23rd to their northern property line, at which point the City sidewalk continues north to a mid -block point acceptable to the neighborhood. The City is also installing drainage improvements. The street will receive an asphalt overlay this summer. POLICE DEPARTMENT • During the week of March 9-15, the Police Department will be conducting traffic emphasis in the following areas and, in addition, all school zones during school days: Renton Police Department Traffic Enforcement Emphasis March 9-15 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer March 9, Tuesday SW Sunset Blvd (turns/speed) N 30 St (speed) NE 25 /Olympia 400 blk, Cedar Ave S (speed) Rainier Ave N (speed) March 10, Wednesday I-405/MVH off ramp (improper SW 43` St (speed) NE 25 /Olympia turns) Royal Hills Dr (speed) S 43rd/Talbot Rd (red light) March 11, Thursday Lk Wash Blvd (speed) Maple Valley Hwy (speed) 3500 blk, Monterey SW Sunset Blvd (turns/speed) 700 blk, SW Grady Way Ave NE (speed) March 12, Friday 700 blk, SW 43` St (speed) 2700 blk, Benson Dr (speed) 200 blk, Edmonds Rainier Ave N (speed ) Ro al Hills Dr (speed) Ave SE March 15, Monday 1100 blk, Carr Rd (speed) Rainier Ave N (speed) 200 blk, Edmonds Rainier Ave N (speed) 1400 Houser Way (speed) Ave SE CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: For Agenda of: March 8, 2004 Dept/Div/Board.. AJLS/City Clerk Agenda Status Staff Contact...... Bonnie I. Walton Consent .............. X Public Hearing.. subject: Appeal of Hearing Examiner's Decision dated 1/19/2004 regarding request to designate property located at 2217 Maple Valley Hwy. as a card room, File No. LUA-04-013 Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: A. B. City Clerk's letter (2/27/2004) Appeal (2/19/2004) Study Sessions...... Information......... C. Hearing Examiner's Response to Request for Reconsideration (2/5/2004) D. Request for Reconsideration (2/2/2004) E. Hearing Examiner's Report & Decision (1/19/2004) Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Appeal filed by RaMac, Inc., represented by Charlie Shane, Attorney -at -Law, accompanied by required $75 fee, received on 2/19/2004. 1:\WORD\Memo&Letter\APPEAL\bingo building agenda bill.DOC/ R CIT -t" OF RENTON City Clerk �w Kathy Keolker-Wheeler, Mayor Bonnie 1. Walton February 27, 2004 APPEAL FILED BY: Ramac, Inc., represented by Charlie Shane, Attorney -at -law RE: Appeal of Hearing Examiner's Decision dated 1/19/2004, regarding appeal of administrative decision to designate property located at 2217 Maple Valley Hwy. as a card room, File No. LUA-04-013 To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the Hearing Examiner's decision regarding request for card room designation, as referenced, has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties may submit letters in support of their positions within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is March 8, 2004. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council secretary will notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are not listed in the local telephone directories and wish to attend the meeting, please call the Council secretary at 425-430-6501 for information. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached is a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please feel free to call me at (425) 430-6502. Sincerely, %r; i , _,20—d Bonnie I. Walton City Clerk Attachment cc: Council Secretary 1055 South Grady Way -Renton, Washington 98055 - (425) 430-6510 /FAX (425) 430-6516 R E N T O N jax _ ___. . _ _, AHEAD OF THE CURVE City of Renton Municipal Code; Title IV Chapter 8 Section 110 — Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council — Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050172 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) CITY OF RENTOhi FEB-16-2004 16:36 RENTON CITY CLERK OFC is '; ZD PM P.02iO3 r t. LB j J 70ii l _ APPEAL - HEARING EXAMINER REC+ENED WRITTEN APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENbi Tr0M !'&aN CITY COUNCIL. FILE NO. Yg'%" +�!� �± APPLICATION NAME: 22 (7 A)hwaqCUi!1 o p��a; The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of -t- the Land Use Hearing Examiner, dated . 'd'%" `f 1 /� fk 20 Oq 1. IDENTIFICATION OF PARTY y APPELLANT: �/ Name: "� L Address: Lka 7 Forve- S Telephone No. C206 ) IN-'S Z © O REPRESE TATIVE (IF ANY) Name. u_ r�`¢, ��9tic Address: (0 t3o?< S77- 3 l�itvCL✓ Lk -a., W' �90yO Telephone 2 7 f 3 2 o o 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number as denoted in the Examiner s report) No. Error: Correction: CONCLUSIONS: No. Error: 10 - H Correction: IQe�,s OTHER No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED: The City Council is requested to grant the following relief: explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: er 10LI Appellant/Representative Signature Date NOTE: Please refer t0 T1tlo IV, Chapter 8, Of the Renton Municipal Code, and Section 4-8-110F, foApecific appeal procedures. iltiI VJd"tA1l -bevelopolmf SerVlCe5 heappeal.dot/forms �' C �tll A-140X►�►�( - SPECIFICATION OF ERRORS SUPPLEMENT AND SUMMARY OF ACTION REQUESTED The decision of the City of Renton and the conclusions of its Hearing Examiner in this matter were arbitrary and capricious. The accepted standard for arbitrary and capricious is "willful and unreasoning action in disregard of the facts and circumstances." Northern Pacific Transport Co. v. Washington Utilities and Transportation Commission, 69 Wn. 2d 255, 259 (1969). When Appellant first made contact with the City its question was simple. Would continuing the use of gambling through a casino, because that is the title card rooms in Renton go by, in place of a bingo parlor be a continuing legal non conforming use? After talking with Kristina Catlin, an employee of the City of Renton with the Planning Department, Appellant was advised to write a letter requesting a letter of determination from the City. Appellant complied and wrote a letter stating the reasons why, within the meaning of the code, gambling through a casino would be a continuing legal non conforming use. The City's response was an approximately one page letter. The City's letter stated that the City determined that a casino is most akin to a card room. It quoted the definition of a card room and not for profit gambling facility under the code. It stated, without reason, that it had determined that gambling through a casino would be a different use than gambling through a not for profit gaming facility and that Appellant's letter also showed that the use would be expanded. It is puzzling that City could assert that Appellant's letter indicated that the non conforming use would be expanded, considering that no specific tenant was lined up to use the facilities as a casino or was ever mentioned in Appellant's letter and that such a question was never posed by Appellant. How could the City arrive at such a conclusion from a conceptual question of the whether the use of gambling in one scenario would be the same as in another? The City did not give any reason for this conclusion nor did it make any references to any specific part of Appellant's letter that would cause the City to assert such a thing. In addition, the City failed to give any reason or reasoning as to why it determined that gambling through a casino would be different from gambling in a bingo parlor other than stating that the definition of a not for profit gaming facility was different from the definition of a card room under the code. Definitions are not necessarily the same as uses. Simply pointing out that the definitions are different does not mean that the use in question is different. Hence, the City did not answer Appellant's question or give a reason for stating that the use would be different in its letter. The decision of the City was made without reason, consideration or research into the facts and circumstances of Appellant. Appellant stated in its letter that it would be willing to provide any additional evidence if any was needed by the City to come to an informed decision. However, the City failed to make any attempts to contact Appellant. Based on the City's testimony at the hearing and its letter, it seems that the City did not even research or consider the circumstances of Appellant until after Appellant had appealed the City's determination. For example, at the hearing counsel for the City stated that he went by the Bingo parlor to note its previous hours of operation and claimed that such hours were less than that of a card room. How come this was not noted in the City's letter? If this was a concern for the City, the City should Appeal to Renton City Council/RaMac Page 1 of 2 Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 have made this known as a reason for its determination. Had Appellant known this, Appellant could have put forth an argument that it could limit any future Tenant's hours of operation for gambling and could have offered this as evidence at the hearing or as a fact for the City to consider prior to making its decision. The fact that the City did not provide such a reason in its letter should be evidence of its failure to make its decision based on the facts and circumstances of the situation. The City's conclusion that a casino would be a card room also shows the City's disregard for the facts and circumstances of Appellant's question. Appellant's letter on page two clearly states that the casino could operate as either a not for profit casino or as a card room. The City completely disregarded this assertion and failed to address what it would determine if it operated within the definition of a not for profit gambling facility. This was another indication of the City's failure to consider the facts and circumstances of the question that was posed before it in Appellant's letter. The Hearing Examiner had a duty to reverse the City's decision if it was arbitrary and capricious. RMC 4-8-110(E)(7)(b)(iv). The Hearing Examiner failed to do so. He not only upheld the City's lack of reasoning and consideration for the facts and circumstances, but he augmented them with a further issue that was never an issue for the City. The Examiner stated that the use of gambling in a casino would not be similar to or result in a lower impact in the surrounding neighborhood. This was never given as reason (really there was no reason given at all for anything) in the City's letter of determination. There was obviously no reason to make a ruling on an issue that was never raised by the City. For these reasons, and the reasons put forth by Appellant in the record below, Appellant prays that the Renton City Council reverses the decision below and makes a determination that gambling through a casino, whether through a card house or not for profit gaming facility, at the subject site would be a continuing legal non conforming use. Appeal to Renton City Council/RaMac Page 2 of 2 Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 1 CITY `1X OF 3'1` El®iTO tl Hearing Examiner Kathy j eolker-Wheeler, Mayor Fred J. Kaufman February 5, 2004 Charlie Shane Attorney at Law PO Box 578 Mercer Island, WA 98040 Re: Request for Reconsideration of legal nonconforming use of gambling at 2217 Maple Valley Highway, Renton, WA (Bingo Building) Dear Mr. Shane: This office has reviewed your request for reconsideration of the original decision denying your appeal on the status of the 'Bingo Building" and its use as a casino or cardroom as a continuation of the prior legal nonconforming use as a bingo parlor. The appellant argues that the question is whether the "continuing legal nonconforming use must reflect "the nature and purpose" of the preexisting nonconforming use and must be the "same or related use classification." If that is the case, "the nature and purpose" of the bingo hall was to raise money for charity by operating a "not -for -profit" bingo game and to do so on a limited basis both in terms of days of the week and hours of those days. But beyond that issue, Renton Code, as the original decision noted, also distinguishes between "cardrooms" and "not -for -profit gambling" since the CO permits the later but not the former. Therefore, "not -for -profit bingo' is not "poker" and it is not "blackjack" and it is not other card games. The appellant is concerned that it was the motivation behind the operation as distinct from the nature of the type of gambling that drove the decision. The appellant analogizes to farming where one farmer donates the output to charity while the other sells the output for private income. Running with this analogy, would a lettuce farm be the same as a pig farm? Might there be different impacts from one of these farms than the other? Would one have more spillover impacts? Running further with this analogy - what about organic farming versus farming where inorganic fertilizers and harmful pesticides were used? Would one fit better in the middle of a residential area if the chemicals would spillover to adjacent properties? Would one fit better in the CO Zone? While the CO zone does not deal with farming so that analogy can only carry us so far, it does allow "not -for -profit gambling" but it does not permit "cardrooms." Are there differences between one type of gambling and another? Is there a difference between not -for -profit bingo and a cardroom? This office believes that there are differences. The City Council appears to distinguish in at least one zoning district. They are not equivalent. While the appellant addresses the fact that the City has distinguished between cardrooms and not -for - profit in the CO zone it did so by indicating that the City might want to have encouraged charities or "for any number of reasons other than the legislature viewing gambling as a different use." And that is just it. The Council might have also distinguished because it found them just different enough as one of, as the appellant puts it, for "any number of reasons." The City Council did distinguish between the two forms of gambling. Perhaps the City Council in fact viewed cardrooms and general gambling as something different than "not -for -profit" gambling when it crafted the provisions governing gambling in only one of its zones. Not -for -profit gambling may be equal to or encompassed in "all gambling" but all gambling is 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6515 1V 1 1V Mrh, —,--tain, ',f q1, r..--Wri —t—.J Wrf, AHEAD OF THE CURVE Mr. Charlie Shane Request for Reconsideration of Bingo Hall February 5, 2004 not equal to not -for -profit gambling. A square (not -for -profit gambling) is a rectangle but not all rectangles (gambling and cardrooms) are squares. Farming is farming but raising zucchinis is not the same as raising pigs or cows. This legislature, the City Council, has demonstrated that it does not consider all gambling the same. The appellant also argues that the City either incorrectly determined that there would be an increase or intensification or did not have sufficient information to make that determination. The City's determination deserves to be upheld if there is any reason to uphold it even if the City may have incorrectly determined that there would be an increase in intensity. (citations omitted). The appellant asked about a casino for a use and "casino" is not defined in the code. The City explored the code and found uses that might be closely allied with that suggested by the appellant and found the use was not permitted. The appellant appealed that decision rather than seeking to clarify it with the agency below. This office was presented with no concrete evidence of what real use might be established. It was presented with legal arguments that gambling in the form of bingo had occurred on the site and in the building and gambling of any kind could or should be allowed as a continued nonconforming use. The City decision, based on the information it had is supported by the Code. The decision below, under those circumstances, must be affirmed. There is no reason to alter the decision. This decision may be appealed to the City Council by filing an appeal accompanied by the appropriate fee by 5:OOPM on February 19, 2004. Sincerely, �^ Fred J. Kaufman Hearing Examiner FJK:nt cc: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Russell Wilson, Assistant City Attorney Neil Watts, Development Services Director Jennifer Henning, Development Services All Parties of Record 02/02/2004 13:30 2052753100 FAX DEPT PAGE 02 APPELLANT OFFICE OF THE HEARING EXAMINER CITY OF RENTON Ramac Inc. Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 LOCATION: 2217 Maple Valley Highway Renton, WA (Bingo Building) SUMMARY OF APPEAL: Appeal of Administrative Decision to designate property located at 2217 Maple Valley Highway as a card room REQUEST FOR RECONSIDERATION NOW COMES Appellant Pursuant to Title IV, Chapter 8, Section 100G of the Renton Municipal code and respectfully request that the Hearing Examiner for the City of Renton reconsider his decision for the following reasons: In Conclusion 4 of the Hearing Examiner's (the "Examiner") decision the Examiner contends that gambling through a card room is a different use than gambling at a bingo parlor because one is for profit and one is not -for -profit and because in one scenario gambling is the primary attraction and in another gambling is secondary. Motivations, clientele, and what is used in conjunction with a particular use do not change the use. These factors only change the result of engaging in a particular use. RMC 4-10-060 states that a continuing legal nonconforming use must reflect "the nature and purpose" of the preexisting non conforming use and must be the "same or related use classification." The hearing Examiner admits in Conclusion 7 that gambling in a card room or a bingo parlor is the same "use classification." Hence, the focus should be on whether gambling in a card room reflects the same "nature and purpose" as gambling in a bingo parlor. Motivations as to why property is being used should be irrelevant as to what defines a use. A use is the same regardless of what else is done in conjunction with the use. For example, if one farmer were to farm land and donate his crop to charity and another were to farm the land and sell the crop, would the activity and use of farming the land be any different? Is the use of farming the land any different because the crops are sold to people who can afford them or given to people who cannot? No, both farmers Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 Rcquc6t for Rcconsideration/Bingo Pap 1 of 5 02/02/2004 13:30 2062753100 FAX DEPT PAGE 03 would be engaged in the same use of the land, farming. Using the land to grow crops is the same regardless of how and to whom they are sold. Further, if one of the farmers were to operate a small roadside produce stand and the other were to operate a bar which sold produce in conjunction with their farms would the use of farming be any different? No, the farmers would each continue to use the land to grow crops regardless of what else they are doing on the land. In the situation at hand, the purpose of both gambling at the Bingo Parlor and gambling and gambling at a card room to utilize games of chance to make a profit. Like the use of farming in the previous example, the use of gambling is the same regardless of what is also done on the land or how the profit from the use of gambling is spent and who spends the profit. Such factors should not have any bearing on whether a non conforming use has the same or related purpose as they do not affect the actual nature, purpose or use. The Examiner contends that gambling in a card room and not -for -profit gambling are two different uses because the legislature allows not -for -profit gambling in one more zone than for card rooms. The motivation of the legislature in structuring the zones in such a manner may be to encourage the growth of charities or for any number of reasons other than the legislature viewing gambling as a different use. The legislature's motivation for such zoning does not change the fact that the nature and purpose of gambling remains the same, which is utilizing games of chance to raise money. If anything, the way the legislature structured the zoning for not -for -profit gambling and card rooms may just as easily indicate that the legislature considers the use of gambling to be the same. The references to gambling within the code and the failure of the legislature to differentiate the references strongly support this latter explanation as is discussed below. In the final conclusion of the Examiner, the examiner incorrectly lumps all the uses involved in a card room or casino and calls it a use. A card room is comprised of several different uses. Gambling is only one of them. All parties agree that gambling is gambling. The Examiner, however, contends at the same time that gambling is different because the types of gambling at bingo or a card room may differ. This does not make sense. Going back to the earlier example. If one farmer grows corn and the another farmer grows wheat on his farm, does that make it a different use of the land? No, both farmers are using the land to grow crops and are using the land for farming. Why is the situation at hand any different? Both Bingo and Card rooms are using the land for games of chance to raise a profit. There is no reason not to allow the same use to continue on a smaller scale at a card room. The code supports that fact that gambling in and of its self is a use in the definition of a card room. In the definition, the code states that gambling is a secondary use and differentiates it from the primary use of a card room. If gambling and the other uses involved in card room were meant to be considered one use, there would not be a reason to say that gambling is a secondary use. Furthermore, any reference to gambling in the code is simply "gambling" (or it references the RCW section addressing gambling), not "card room gambling" or "not -for -profit gambling" which is a strong indication that the legislature considered gambling to be one use. Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 Request for Reconsideration/Bingo Page 2 of 5 02/02/2004 13:30 2062753100 FAX DEPT PAGE 04 The Examiner contends that the use of gambling would be intensified. The Examiner deferred to the official with primary jurisdiction. The standard in questioning a decision maker within an administrative decision making body is that of "Arbitrary and Capricious." "Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances." Northern Pacific Transport Co. v. Washington Utilities and Transportation Commission, 69 Wn. 2d 255, 259 (1969). When Appellant first inquired as to whether a "casino" could be used as a continuing legal non conforming use, Kristina Catlin of the Planning Department of the City of Renton (the "City") stated that Appellant should submit a letter asking that same question. Appellant used the term "casino" because that is the title that the other card rooms in town go by. In addition to testifying that the use would be that of a card room. the same was written in Appellant's letter to the City. The City stated only two reasons not to allow a card room as a continuing legal non conforming use. First, it contended that it was a different non conforming use. Second, it stated that it would be intensified based on Appellant's letter. Although, the City at least offered some statutory references for its first contention, its basis for its second contention was vague and ambiguous. The City gave the reasoning the use would be intensified based on Appellant's letter to the City. Yet, the City offered no reason, evidence, or reference that the decision was based on Appellant's letter other than mentioning that it was based on the letter. Even were it based on Appellant's letter to the City, the letter stated that gambling operations would be at a lower intensity than that of the Bingo parlor because it likely would be operating in a smaller portion of the building and would be a secondary versus a primary focus. It is puzzling how the City could contend that, based on those assertions, the use would be intensified. There is no indication that the City even researched the issue beyond the letter until Appellant appealed the decision. In addition, there is no indication that the City even considered the reasons that it put forth in the hearing to come to a conclusion that the use would be intensified until after the City had made its decision. There is certainly no indication of these reasons in its response letter. Appellant's letter made it clear that Appellant was willing to cooperate in arriving at a just decision. Yet, the City made no attempts to contact Appellant or to acquire further information if such information was needed by the City for such a decision. The Examiner should have based his decision on how the City responded to the letter. The City proffered no evidence nor required any further information for its decision that use would be intensified. Since the City's response to Appellant's letter was based solely on Appellant's letter and Appellant's letter stated nothing that would show that it would be intensified, it appears that the City's assertion that the use would be intensified was based solely on the fact that it does not want gambling in that particular zone and not based on facts or consideration for the circumstances of Appellant. How could Appellant have prepared to defend against the City's decision when the reasoning for stating that use would be intensified and expanded is summed up in one sentence and based solely on Appellant's letter? The City's actions in arriving in the decision that the Charlie Shane Attorney at Law F.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 Request for Reconsideration/Bingo Page 3 of 5 02/02/2004 13:30 2062753100 FAX DEPT PAGE 05 use would be intensified clearly seem to be arbitrary and capricious because it did not proffer any reasons, or facts, and there was no indication that they even considered anything beyond the letter until the appeal bearing and that its consideration of the letter is questionable as well since it made no actual reference to it other than merely stating it considered it. Even were the decision to be based on the theory put forth in the hearing by the City that Bingo did not operate everyday but that a card room would operate on a daily basis, the decision would not make sense. It is almost the same as saying that a small mom and pop bookstore operating a six days a week is going to generate more business and be more intense than if you have a Barns and Noble Bookstore (a huge bookstore) operating three days a week. It does not make sense that gambling operations that would occupy considerably less space and operate as a secondary use (where the main focus would be another commercial use) could be considered to be more intense or expanded. How can a smaller operation that shifts from a primary focus to secondary focus be more intensive even if it were to operate more hours? In its argument at the hearing, the City contended that the other card rooms in the City seemed to have gambling as the primary focus. However, that seems to be a code enforcement problem for the City. Appellant has made it clear in its letter and at the hearing that any tenant would operate within the code and would not tolerate unlawful operations from its tenant. The code is clear that the use of gambling in a card room is to be secondary. The letter and Appellant's testimony made it clear that the gambling would be secondary and would likely be operating in a smaller portion of the building. Appellant also stated that the gambling would be on a smaller scale than the Bingo. If the tenant indeed abides by those conditions, then the intensity of the gambling should obviously be less. In any event, assuming that gambling is the same use, Appellant could still rent to a card room and comply with the code. So long as any future tenant of Appellant operated at a lower or equal intensity as the previous non conforming use, there is no reason not to allow the use to continue. Appellant's question to the City was not whether a particular tenant would be operating in conformance with the code but rather would the use of gambling at a card room be different than the use of gambling in a not -for -profit facility. Appellant's letter merely pointed out the aspects of the code and stated that they would be fulfilled and the reasons why they would be fulfilled. If the city was concerned that a smaller gambling operation operating seven days a week would be more intense than a larger gambling operation operating part time, Appellant could still rent to a client who engages in gambling only on a part time basis. But, once again, Appellant was unable to do this because the City offered no reasoning as to why it thought the use would be intensified nor was it willing to work with Appellant in achieving that result. The Examiner also indicated that the use would be intensified because Appellant did not state if more forms of gambling would be engaged in besides the type or types that are typically done at a card room. This should not be a reason to state that the use would be intensified. Appellant stated in the hearing that gambling would be similar to Charlie Shane Attorncy at Law P.O. Box 578 Mucci Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 Request for Reconsidcraticn/Bingo page 4 of 5 02/02/2004 13:30 2062753100 FAX DEPT PAGE 06 that of other card rooms in town. Appellant also stated that all gambling would be in compliance with the law. Even were Appellant to engage in different types of gambling, if "gambling is gambling" as the Examiner and City agrees, the type of gambling that is done should be irrelevant to the question of intensity so long as it is lawful and not done on a greater scale. Examiner also stated that there is insufficient evidence to show that a card room "is substantially similar or will result in a lower impact on the surrounding neighborhood." This was never argued by the City in its response to Appellant's letter or in the hearing, though it was specifically addressed in Appellant's letter. The City never put this issue forth as a reason for denying Appellant's request in its letter. Hence, it would appear that the City acquiesced the issue to Appellant. Because it was not an issue before the examiner, it is unclear why the Examiner addressed the issue in his conclusions or why it should be a basis for affirming the City's conclusions. The Examiner is affirming an arbitrary and capricious decision by the City. The code and logic does not support the contention that gambling is a different use in a card room versus a not -for -profit gaming facility. Furthermore, the City did not offer reasons as to why it may consider the use to be intensified until after the decision was made which seems to be a clear sign that it was scrambling to find reasons to justify a decision that was made arbitrarily and capriciously. The City's failure to offer any substantial reasons for its decision put Appellant at a disadvantage in arguing against reasons that appear to never have been considered in the City's decision. Even where they somehow considered in light of the letter, the only thing Appellant could do, based on the City's response, was to divine how based on the letter the City could come to such a conclusion. For the foregoing reasons, Appellant respectfully requests that the Examiner reconsiders his decision and reverses the decision of the City below. Dated this 2d day of February, 2004 ( - L z -L- Charlie Shane Attorney for Appellant, Ramac Inc. Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 Roqueat for Reconsideration/Bingo Page 5of5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SUPPiCMCA+ 410 Re�ucs� Fbi Pe- considera�ion HEARING EXAMINER IN AND FOR THE CITY OF RENTON RaMac Inc., Appellant, VS. City of Renton, Appellee Case No.: Supplementary Memo in Support of Allowing a Card House to Operate at 2217 Maple Valley Highway, Renton, WA The primary issue before the hearing examiner today is the interpretation of RMC 4-10-060(C)(1) which states that a continuing legal nonconforming use must "Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification[.]" The city seems to equate "use classifications" with definitions. See Notice of Appeal to Hearing Examiner in and for the City of Renton. RaMac, Inc., contends that "use classification" is not referencing definitions but rather it means what it says, a use classification. The Washington State Supreme Court has addressed the issue of statutory interpretation: In interpreting statutory provisions, the primary objective is to ascertain and give effect to the intent and purpose of the Legislature in creating the statute. To determine legislative intent, we look first to the language of the statute. If a statute is clear on its face, its meaning is to be derived from the plain language of the statute alone. Legislative definitions included in the statute are controlling, but in the absence of a statutory definition this court will give the term its plain and ordinary meaning ascertained from a standard dictionary. A statute is unclear if it can be reasonably interpreted in more than one way. However, it is not ambiguous simply because different interpretations are conceivable. We are not ,obliged to discern any ambiguity by imagining a variety of alternative interpretations.' State v. Watson, 71533-5 (Wash. filed July 25, 2002) (footnotes omitted). Legal non conforming use - Page 1 of 3 Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 In order to resolve the issue before the Hearing Examiner, the Hearing Examiner must first look to the meaning of the statute. Here, the statute in question has a very clear meaning. The continuing legal nonconforming use must have the same "purpose", "nature", and "use classification". RMC 4-10-060(C)(1). Nowhere in the municipal code are any of these words defined. Therefore, these words should be interpreted according to their plain meanings. The legislature clearly intended an examination of uses, not definitions. This is illustrated by carefully looking at the uses that are part of the definitions of a card room and a not for profit gambling/gaming establishment. A card room is defined as "A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use." RMC 4- 11-030 C. According to its definition, a card room has two uses. First, its primary use is that of a restaurant or tavern. See RMC 4- 11-050 E, -200 T. Both of these uses are permitted within a COR zone. RMC 4-2-0700. The other use in a card house is that of gambling. RMC 4-11-030 C. In comparison, a not for profit gambling establishment is defined as "Facilities operated by a not -for -profit entity where any type of gaming or gambling is the primary attraction." RMC 4-11-070 G. Here, the primary use is that of gambling. In the situation at hand, gambling is the nonconforming use because it is the only use under the two definitons that would not be permitted to occur within the zone if it was the sole activity on the property. The fact that the uses that are contained within the two definitions are all conforming uses except gambling indicates that Legal non conforming use - Page 2 of 3 Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 when the legislature was considering the types of activities that should be allowed within a zone, it was thinking in terms of the types of uses that are part of an operation and not an overall operation. In any event, allowing a card house to operate in place of the former bingo parlor would fulfill the requirements of the Renton Municipal code because its gambling operation would be considered a legal non conforming use under RMC 4-10-06O(C)(1) and it would fulfill the intent of legislature in creating the statute. Legal non conforming use - Page 3 of 3 Dated this 3rd day of December, 2003 Charlie Shane WSBA # 33250 Charlie Shane Attorney at Law P.O. Box 578 Mercer Island, WA 98040 Phone (206) 275-3200 Fax (206) 275-3100 January 19, 2004 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Ramac Inc. Charlie Shane Attorney at Law PO Box 578 Mercer Island, WA 98040 LOCATION: 2217 Maple Valley Highway Renton, WA (Bingo Building) SUMMARY OF APPEAL: Appeal of Administrative Decision to designate property located at 2217 Maple Valley Highway as a card room. PUBLIC HEARING: After reviewing the Appellant's written request for a hearing and examining the available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the December 9, 2003hearing. The official record is recorded on tape. The hearing opened on Tuesday, December 9, 2003 at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the appeal, Exhibit No. 2: Aerial Photo of area the Examiner's letter setting the hearing date and other documentation pertinent to the appeal. Exhibit No. 3: Zoning Map Parties present: Representing appellant: Charlie Shane Attorney at Law PO Box 578 Mercer Island, WA 98040 Representing City of Renton: Russell Wilson, Assistant City Attorney Jennifer Henning, Development Services 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 2 The Examiner explained that the purpose of the meeting was to hold a public hearing on the applications pursuant to Ordinance 3060, 3071, 3809. This hearing constitutes the hearing of the City Council and is the only public hearing which will be held on the matter. Reconsideration or an appeal to the City Council will only consider the evidence submitted in today's hearing, or if the hearing is continued evidence submitted at that time. He stated that the appellant had the burden of demonstrating that the City's action was erroneous, and would have to show clear and convincing evidence that the City's determination was incorrect. At that point the City could respond, if they chose to do so. Jennifer Henning, Principal Planner, City of Renton, Development Services Division, stated that the subject property is located at 2217 Maple Valley Highway, Renton, WA, generally located south or and abutting the Maple Valley Highway or State Route 169. The site is east of the Stoneway Concrete Plant, north of the Cedar River and west of Riverview Park. There are apartments surrounding the site on the west, south and east. The parcel is 2.07 acres in size (90,119 square feet), the building is approximately 13,000-14,000 square feet, the zoning is Center Office Residential (COR). The land use designation on the Comprehensive Land Use Plan for the City of Renton is also Center Office Residential. The site is developed with a single story building, used over the last 30 years as a Bingo Hall for non-profit groups. On October 1, 2003 Charles Shane, representing the property wrote to the Development Services Director requesting a determination that the property be allowed to be used as a casino. This is a non- conforming use based on the history of the site. The Bingo Hall was also considered to be a non -conforming use with regard to the zoning. The Development Services Director determined the proposed use was most like a card room, since casino is not listed on the zoning table. Therefore, the request was denied in a written determination on October 23, 2003. An appeal was filed by Mr. Shane on November 6, 2003. Charlie Shane, Attorney, PO Box 578, Mercer Island, WA 98040 stated that Bingo, unless used in a grade school context is simply considered gambling. The question being, is bingo in a building with restaurants different from bingo in a building with a snack bar? Is it different than bingo in someone's home? The answer is no, because it is the same regardless of where you play or what building it is being held in, it is still bingo. That is the same with gambling, it is still the same no matter where you do it. The City is arguing that gambling or bingo is different this time in with a restaurant versus a snack bar. Renton Municipal Code covers non -conforming uses, it states all the requirements for a legal continuing non -conforming use, which is being sought by renting to a card house. A determination has been asked of the City because the card house is not a not for profit organization, and by renting to a card house it is believed that they are still under the legal non- conforming use code. The City disagreed and responded that the definition of a card house and the definition of a not for profit game organization are different, therefore, it would not be continuing legal non -conforming use under the code. The definition of a card house states that it be used as a restaurant or tavern, the second use is gambling. The definition of a not for profit gaming facility, the primary use is that of gambling. Not for profit gambling facilities are not allowed under the code in COR zone, neither is a card house. If you remove gambling from the definition of a card house then restaurant and tavern are left and both are allowed in the COR zone. The issue then becomes gambling. The non -conforming use that we are dealing with is gambling. Therefore, in this text, the use does not change from the existing non -conforming use but qualifies as an existing non- conforming use. The letter from the City stated that they denied on the grounds that it appeared that the use was going to expand considerably. The only statement to expansion was regarding the kitchen and the fact that 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 3 it might be expanded. If any other changes were to occur, they would be done to code. The gambling would be contained in the existing building. There would be no changes to the exterior of the building except signage. In the prior non-profit operation the games would occur periodically. The lot would fill up on certain days, it was not a consistent operation, but when they were open, it was a fairly large scale. Russell Wilson, Assistant City Attorney, City of Renton, stated that there was no evidence presented today and that without any evidence, the decision of Mr. Watts could not be overturned. There is no positive knowledge of what is going in on this site, there is no confirmed information about the project. All we do know is that they want to put in gambling. If you were to go into Freddy's and take a look, since that is what this new location is being modeled after, 85% of the building is dedicated to gaming or gambling. To the right is all card tables, to the middle is a bar and to the left is pool tables and way back in the corner is about seven tables dedicated to food. The card house would be licensed by the State Gambling Commission. A card house is defined by the State but casino is not. What we have heard today is that gambling is gambling and that is not true. In order to comply with the non -conforming exception, it is necessary to look at enlargement of the non- conforming list. Gambling is gambling, bingo is no different than the card game that would be played in the building. But then what is the level of gambling that will occur? In the old bingo hall, there is a marquee that advertises bingo three days a week. Since there was no evidence presented today, and this new place has been likened to Freddy's, Freddy's operates all night long, they are closed in the middle of the day for four hours. Freddy's operates 6 days a week, Freddy's serves alcohol at the tables. The Examiner stated that at half the lunch spots in town you can get beer or alcohol at the table, what difference does that make? Mr. Wilson responded that what needs looking at is, is this an enlargement or change of the use. If gambling is gambling, then the City loses because it was gambling and it is gambling. However, it is not just gambling, it is a change in the basic characteristic of what goes on in that building. Mr. Shane stated that in regards to the "no evidence", this seems to be a statutory interpretation question. When the City responded to our letter, they didn't offer any reasoning. They gave the definition of a card house and a not -for -profit, and basically determined that this was a change of use from a not -for -profit gaming/bingo facility to a card room casino. In State vs. Watson, the Supreme Court states when there is a statutory interpretation, you look first to see what the plain meaning of the code says, if there is any ambiguity you look to see what the intent of the legislature. This code appears to be quite plain and clear. There is no definition under the code for gambling. If you look at the definition of gambling it states that not -for -profit the primary use is gambling, it does not say what kind of gambling, just gambling and in the definition of card house, the secondary use is that of gambling. It does not specify what type of gambling. The gambling facilities are not going to be intensified, they will stay within the walls of the existing building, and if anything, they will be smaller due to the inclusion of a tavern or eating facilities. Ramac, Inc is asking that they be allowed to rent to a tenant that continues in the legal non -conforming use of gambling, that the former tenant has engaged in for the past 30 years. Mr. Wilson stated that the code states that to continue to be a non -conforming use, the activity must be substantially the same, and be lower in impact. Mr. Shane stated that the final decision is boiling down to bingo vs. card room. 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 4 Mr. Shane also asked that if the decision finds not in favor of the appellant and one of the reasons is because it may be a substantially larger use, he would like to have the hearing continued so that evidence may be presented. The Examiner stated that this was the appeal hearing, testimony and witnesses could have been brought in today or been available in case there were questions about that issue. If this is found against you and you came in with a clear definition of what is being established, the percentage, the hours of operation, etc. Staff may have to make another determination whether it is a permitted use or not. Certain things are not allowed to be presented to the City more than once in a calendar year. No exceptions will be made at this time. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 9:55 am. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The appellant, Ramac Inc, hereinafter appellant, by its attorney, Charlie Shane, filed an appeal of a decision of the finding that a casino or "card room" was not permitted on the appellant's property. 2. The appellant owns a building located at 2217 Maple Valley Highway. The property is located east of I-405 and north of the Cedar River. The building was used for approximately 30 years as a Bingo parlor and prior to that was apparently a tavern. The building will hereinafter be referred to as the "bingo building." Other buildings share the general parcel with the bingo building are are located west, south and east of it. 3. Bingo is considered a form of gambling or gaming and is permitted within certain areas or zones of the City. It was allowed on the subject site at one time under prior zoning. The property was a legal conforming use but the City reclassified the subject site COR I (Center Office Residential) which no longer permitted gambling. At that point the bingo building's use (the conforming status of the building itself is not an issue), bingo, became a legal non -conforming use. The bingo operation could have continued under the COR zoning. 4. The operation of the bingo parlor in the appellant's building ceased in the middle of September. The appellant is now seeking a tenant for the bingo building and that tenant wants to establish a "casino." 5. Since the COR zoning did not permit the establishment of gambling operations outright, the appellant sought the City's opinion on establishing a casino in the bingo building as a continuation of the legal non -conforming gambling that occurred in the form of bingo. (October 1, 2003 Letter to Catlin) 6. The Development Services Division Director replied in a letter (October 23, 2003) that the City does not have a "casino" use but does permit either a "card room" or "gaming/gambling facilities -not for profit." The director determined that neither of those uses are permitted in the COR zone. The director then determined the "casino" proposed was probably most similar with "card room." The director also determined that the former bingo operation was a "gaming/gambling facilities -not for profit" and that 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 5 changing to a card room would not be a continuation of the former legal non -conforming bingo use. He also determined that the use would be substantially intensified and expanded which would also violate the code. 7. The bingo use occurred approximately three times a week during limited hours. It appears the new use would be in operation six or seven days per week and for most of the day, although the record is not actually clear on these matters. 8. The appellant believes that the director drew the wrong conclusion by distinguishing between card room gambling and not -for -profit gambling. The appellant bases this on the fact that they believe both types of gambling are the same "use classification." That is both are uses listed as "entertainment" in the various Zoning Districts in which they are permitted, "reflect the nature and purpose of the preexisting use" and are "substantially similar." (see code provisions below) Additionally, the appellant noted that certain eating and drinking establishments are permitted or may be permitted in the COR Zone and that the proposed use would incorporate one or another legal eating or drinking use of the property to which the card room would be ancillary. 9. Renton Code provides the following definitions of "card room" and "gaming/gambling facilities, not - for -profit": 4-11-070(C)CARD ROOMS: A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. (Ord. 4691, 12-1-1997) 4-11-070(G) GAMING/GAMBLING FACILITIES, NOT -FOR -PROFIT: Facilities operated by a not -for -profit entity where any type of gaming or gambling is the primary attraction. 10. Renton Code permits both of the above uses in the CA Zone (4-2-070L), IL Zone (4-2-070P), IM Zone (4-2-070Q) and the IH Zone (4-2-070R). 11. Renton Code permits only the not -for -profit gambling uses in the CO zone (4-2-070N). The CO Zone does not permit card room gambling. 12. Renton Code references Washington State's gambling regulations when it refers to card rooms, particularly, RCW 9.46.0325: Social card games, punchboards, pull -tabs authorized. The legislature hereby authorizes any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to conduct social card games and to utilize punch boards and pull -tabs as a commercial stimulant to such business when licensed and utilized or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant 2217 Maple Valley I Iighway Appeal Hearing January 19, 2004 Page 6 thereto. [ 1987 c 4 § 29. Formerly RCW 9.46.030(4).] 13. Renton Code permits nonconforming uses to be continued as long as there is no abandonment or that the use has been abandoned or relocated since the appellant sought review almost immediately after its nonconforming tenant ceased operation and plans on using the same facility. The Code contains the following language regarding the nature of the use that would be permitted to be established: 4-10-060 NONCONFORMING USES: Any legally established use existing at the time of enactment of this Code may be continued, although such use does not conform with the provisions of the Renton Municipal Code, provided the following conditions are met: C CHANGES TO A DIFFERENT NONCONFORMING USE: The use is not changed to a different nonconforming use. To qualify as a continuation of an existing nonconforming use, a replacement nonconforming use shall: 1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and 2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and 3. Not increase the nonconformance of the use; and 4. Not create a new type of nonconformance. D EXTENSION OR ENLARGEMENT: The use is not enlarged or extended. 1. Extension/Enlargement Outside Building: The use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel. The use shall not be relocated in whole or in part to any other part of the parcel. 2. Extension/Enlargement Within Building: Provided the use complies with subsections E and F of this Section, Alterations to Legal Nonconforming Use, a nonconforming use housed in part of a single -tenant building may be extended throughout the building, but the building shall not be enlarged or added to. A nonconforming use in a multi -tenant building shall not be expanded into space vacated by other tenants and shall also comply with subsections E and F. 3. Additional Development on Property Containing Nonconforming Use: No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of the Renton Municipal Code. 14. The following Zoning District descriptions are provided for reference in that they include the subject site's COR zoning and the similarly designated CA and CO zoning: COR: O CENTER OFFICE RESIDENTIAL ZONE (COR 1, COR 2, and COR 3): 1. Purpose: The purpose of the Center Office Residential Zone is to provide for a 2217 Maple Valley highway Appeal Bearing January 19, 2004 Page 7 mix of intensive office, hotels and convention centers and residential activity in a high -quality, master planned development, that is integrated with the natural environment. Commercial retail and service uses that are architecturally and functionally integrated are permitted. Also, commercial uses that provide high economic value may be allowed if designed with the scale and intensity envisioned for the COR Zone. Policies governing these uses are contained in the Land Use Element, Center Office Residential section, of the City's Comprehensive Plan. The scale and location of these sites will typically denote a gateway into the City and should be designed accordingly (see also Land Use Element, Community Design - Gateways section). Since the sites function as gateways, site planning should incorporate features of interest to the users. CA: L COMMERCIAL ARTERIAL ZONE (CA): The purpose of the Commercial Arterial Zone (CA) is to provide suitable environments for auto -oriented commercial development. The CA Zone provides for a wide variety of indoor and outdoor retail sales and services along high - volume traffic corridors. CO: N COMMERCIAL OFFICE ZONE (CO): The Commercial Office Zone (CO) is established to provide areas appropriate for professional, administrative and business offices and related uses, offering high quality and amenity work environments. Office uses of various intensities are allowed in these areas to create an Employment Center as defined in the Comprehensive Plan. In addition, a mix of limited retail and service uses may be allowed to primarily support other uses within the zone, subject to special conditions. Limited light industrial activities, which can effectively blend in with an office environment, are allowed, as are medical institutions and related uses. CONCLUSIONS: 1. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4-8-110(E)(7)(b). The appellant has failed to demonstrate that the action of the City should be modified or reversed. The decision is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472, 478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969). 4. The appellant's arguments basically come down to "gambling equals gambling" which is based on the premise that bingo gambling is the same thing as casino or card room gambling. While this office can agree they are both gambling, they are not the same "use." The bingo that had occurred was not for 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 8 profit whereas the proposed use appears to be one that would be for profit although the record in this is probably unclear. The clientele would therefore be different. Then there are the definitions or character of the uses. The card room is considered ancillary to a permitted use and while the bingo (gaming/gambling, not -for -profit) was the primary attraction with food secondary. That may help demonstrate that both are gambling, but the uses are different. 5. The Bingo was not -for -profit. The card room is profit -driven, presumably. Code distinguishes them. While both uses are allowed in mostly the same zones, the CO does not permit card rooms. This would appear to indicate that the City for whatever reason has chosen to treat them as different uses. Otherwise why allow a card room in all zones where not -for -profit gaming is permitted except the CO zone? The City distinguishes the uses and it is not for this office to second guess that distinction. 6. In addition, the director found that the use would be intensified. It appears that the casino proposed would be more of a full time operation and that its hours of operation would be more extended. On this matter this office will defer to the underlying determination and the official with primary jurisdiction. The fact is the appellant broached the idea of a "casino" and that may or may not be the same as an ancillary card room. It was never clear that the appellant would be satisfied operating just a card room. A casino seems more encompassing and the appellant mentioned its tenant's operations may include more forms of gambling. At the hearing the City indicated that it did not know what the appellant really was proposing. Given the potential open definition of what was initially proposed, a casino, it would be hard to find that it is functionally the same as a card room and even harder to find it is the same equivalent use as bingo. 7. While both forms of gambling appear in the same or related use classification, "entertainment" and "recreation", again, the CO zone appears to not permit card rooms so there must be a difference in the opinion of the legislative body. For reasons not spelled out in code, the City does specifically distinguish between zones permitting "card rooms" and those permitting only "gaming/gambling, not - for -profit" operations. The CA, IL, IM and IH zones permit a "card room" and not -for -profit, whereas the CO Zone permits "gaming/gambling, not -for -profit" operations but does not permit a "card room." The COR Zone permits none of those uses but it would appear the COR zone is fairly close in terms of other permitted uses to those permitted in the CO zone. This office must defer to the division with primary jurisdiction in interpreting the regulations. The appellant has not provided any strong reasons not to do so in this matter. Also, it does not appear that the card room is substantially similar or that it will result in a lower impact on the surrounding neighborhood. Well, to be clear, there is insufficient evidence in the record to reach a firm decision in the appellant's behalf. Again, code is clear that one cannot simply change from one nonconforming use to another: The use is not changed to a different nonconforming use. To qualify as a continuation of an existing nonconforming use, a replacement nonconforming use shall: 1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and 2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 9 10. Finally, there was discussion of eating and drinking establishments and taverns. Some of these rely on state regulations. There is no reason for this office to get entangled in definitions of taverns and restaurants and serving hard liquor - those uses standing alone may or may not be permitted in the COR Zone. Any of those uses when combined with a casino or card room are not permitted outright leaving us back at whether they are similar enough to bingo to be allowed to be established in the same building. This office has already concluded that bingo, as a form of gambling is not the same use as either a card room or casino. 11. The appellant has failed to demonstrate that the decision below suffers from serious error or is arbitrary or capricious. The decision below must be affirmed. DECISION: The decision is affirmed. The appeal is denied. ORDERED THIS 19th day of January 2004. lam- FRED J. KA N HEARING EVAMINER TRANSMITTED THIS 19th day of January, 2004 to the parties of record: Jennifer Henning " -Charlie Shane . Russell Wilson Development Services Division Attorney Assistant City Attorney City of Renton PO Box 578 City of Renton 1055 S Grady Way Mercer Island, WA 98040 PO Box 626 Renton, WA 98055 Renton, WA 98057 TRANSMITTED THIS 19th day of January, 2004 to the following: Mayor Kathy Keolker-Wheeler — Gregg Zimmerman, Plan/Bldg/PW Admin. Members, Renton Planning Commission —Neil Watts, Development Services Director —Larry Rude, Fire Marshal —Lawrence J. Warren, City Attorney —Transportation Systems Division —Jay Covington, Chief Administrative Officer Utilities System Division --Julia Medzegian, Council Liaison - Alex Pietsch, Econ. Dev. Director — Holly Graber, Development Services _King County Journal Larry Meckling, Building Official Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 2, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the 2217 Maple Valley Highway Appeal Hearing January 19, 2004 Page 10 request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section l 10 which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Development Services - March 8, 2004 Planning Agenda Status Staff Contact...... Jason Jordan (7219) Consent .............. X Public Hearing.. Subject: Text Amendments to City Center Sign Code Correspondence.. Regulations Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... City Center Sign Code Regulation Boundaries Information......... Recommended Action: Approvals: Refer to the Planning and Development Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: None Expenditure Transfer/Amendment....... Required... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Amend the existing City Center Sign Code regulations in order to allow the Development Services Division greater flexibility in approving City Center Sign Code modifications for rooftop signs. STAFF RECOMMENDATION: Amend Title IV Zoning Code City Center Sign regulations RMC 4-4-100H9b (Review Criteria) to allow roof signs within the City Center Sign Regulations Area subject to an Administrative Modification. RentonneUagnbilV bh CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 26, 2004 TO: Don Persson, Council President Members of the Council VIA: %C'Mayor Keolker-Wheeler FROM: Gregg Zimmerm 1 Administrator Planning/Building/Public Works STAFF CONTACT: Jason E. Jordan (x7219) SUBJECT: City Center Sign Code Amendments ISSUE Current code prohibits roof signs in the City Center sign code area' (attached). The regulations allow for modifications to the City Center Sign Code; however, the specified modification language further prevents modifications to prohibited signs (i.e. rooftop signs). For example, the newly remodel Pavilion Building was designed with a support structure intended to display hanging banners on its southern fagade near the southeastern corner of the building facing the Piazza Park. This type of sign would be categorized as a roof sign per code definition. As a result of this prohibition, the City has not been allowed to place any sign text onto the sign support structure. RECOMMENDATION Amend Title IV Zoning Code City Center Sign regulations RMC 4-4-100H9b (Review Criteria) to allow roof signs within the City Center Sign Regulations Area subject to an Administrative Modification. BACKGROUND Current sign regulations prohibit roof signs within the City Center Sign Regulation Area (RMC 4-4-100C11). RMC 4-4-1001­19b stipulates: If the Development Services Director ' The City Center Sign Code Area as depicted in RMC 4-4-100H3 is generally described as: land which is zoned Center Downtown (CD), excluding lots located on Logan Avenue South, north of the intersection at Airport Way; land zoned Commercial Arterial (CA) which lies east -of Lake Avenue South, and between Tobin Street South and South Second Street; and land zoned Commercial Arterial (CA) which lies between South Second Street and South Third Place, and east of Rainier Avenue South, excluding parcels which have frontage on Rainier Avenue South and lie more than one hundred sixty feet (160) north of South Third Street; and land zoned Multi - Family — Urban which lies between the Cedar River, and South Second Street and between Houser Way South and South Fifth Street. H:\Division.s\Develop.ser\Dev&plan.in;Vej\Downtown Sign Code Amendments\agenda bill issue paper#l.doc\cor determines that the intent of the proposed sign accomplishes one of the following purposes: • Respond to the needs of the public in locating a business establishment; or, • Assist business in contributing to the economic well-being of the community; or, • Install a sign that is considered to be historic or of historic value by the advertising industry or a recognized historic preservation organization, provided that such entity was not involved in the use, design or production of the proposed sign; or, • Result in a reduction of signs on a site; or, • Result in a reduction in the number of freestanding or ground signs otherwise allowed; or, • Result in a coordinated sign plan for a multi -tenant building or multiple building complex. Then, the Development Services Director may grant a modification request provided the proposed sign also meets all of the following criteria: • The modification will not create a significant adverse impact to other property or improvements in the immediate vicinity of the subject property; and, • The modification will not increase the number of signs allowed by this Chapter or allow a type of sign which is prohibited by this Chapter in subsection C (prohibited signs and devices) of this Section (emphasis added); and, • The modification will not increase the allowed height or area of any wall, projecting, awning/canopy/marquee/traditional marquee, or secondary sign by more than twenty five percent (25%); and, • The modification will not increase the allowed height or area of any freestanding or ground sign; and, • The modification does not create a public safety hazard. The second bullet above does not allow the Development Services Director the ability to permit roof signs through a modification process, within the City Center Sign Regulation Area. Instead, this modification criteria clearly states that the Director cannot approve a roof sign or any other prohibited sign. Therefore, staff recommends that the following text "or allow a type of sign which is prohibited by this Chapter in subsection C of this Section" be eliminated from the code's modification criteria. -By eliminating this text the Development Services Division Director would have more flexibility in approving other types of permanent signs within the City Center Sign Regulation Area. H:\Division.s\Develop.ser\Dev&plan.ingUej\Downtown Sign Code Amendments\agenda bill issue paper#l.doc\cor CONCLUSION Staff recommends amending the City Center Sign Regulation requirements (RMC 4-4- 100H9b) in order to permit roof signs in the downtown area on a case -by -case basis subject to a modification request. The ability to construct roof signs, will provide business owners with more options for signage. Therefore, the City Center sign regulations should be amended to allow the Development Services Director the ability to grant a modification, permitting roof signs, provided the remaining criteria for a modification as outlined above, can be achieved. cc: Gregg Zimmerman Neil Watts Jennifer Henning H:\Division.s\Develop.ser\Dev&plan.ingUej\Downtown Sign Code Amendments agenda bill issue paper#l.doc\cor 4-4-100H 3. Map of CITY CENTER SIGN REGULATION BOUNDARIES: (Ord. 4720, 5-4-1998) 4 - 50.1 (Revised 8/02) 4-4-100H H. SIGNS WITHIN CITY CENTER — SPECIAL REQUIREMENTS: 1. Purpose of Special Regulations: The purpose of the City Center sign regulations is to provide sign standards and regulations which recognize and strengthen the unique character of the City Center area businesses and streets, provide for appropriate signage which contributes to the economic vitality of the area and which complements its environ- ment, and to enhance the pedestrian orienta- tion of the district. 2. Applicability: The sign standards of this subsection shall apply to the property con- tained within the City Center sign regulation boundaries as shown in the following figure, generally described as including: land which is zoned Center Downtown, excluding lots lo- cated on Logan Avenue South, north of the intersection at Airport Way; land zoned Com- mercial Arterial which lies east of Lake Ave- nue South, and between Tobin Street South and South Second Street; and land zoned Commercial Arterial which lies between South Second Street and South Third Place, and east of Rainier Avenue South, excluding parcels which have frontage on Rainier Ave- nue South and lie more than one hundred sixty feet (1601 north of South Third Street; and land zoned Multi -Family — Urban which lies between the Cedar River and South Sec- ond Street, and between Houser Way South and South Fifth Street. (Ord. 4720, 5-4-1998) (Revised M) 4-50 CITY OF RENTON COUNCIL AGENDA BILL Al11 #: - , C 'UBMITTING DATA ( FOR AGENDA OF: March 8, 2004 Dept/Div/Board.... Police Staff Contact ........ Garry Anderson (ext 7503) AGENDA STATUS: SUBJECT: Kenneling Service Agreement between City of Renton and The Humane Society for Seattle/King County EXHIBITS: Attached Copy of Agreement Attached Copy of Certificate of Liability Insurance RECOMMENDED ACTION: Council Concur Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution Old Business New Business Study Session Other APPROVALS: Legal Dept............ Finance Dept........ Other ..................... FISCAL IMPACT: Expenditure Required.... None Transfer/Amendment.... Amount Budgeted .......... $0 Revenue Generated....... 9/ SUMMARY: The Kenneling Service Agreement was updated to reflect current provisions. These updates include the Humane Society's business hours on page 1, fee revisions in section 3.04 on pages 4 — 6 and the addition of section 3.11 Insurance on pages 8 — 10. RECOMMENDATION: Authorize the Mayor to sign the Kenneling Service Agreement between the City of Renton and The Humane Society of Seattle/King County. (AGENDA89) RENTON KENNELING SERVICE AGREEMENT The Humane Society for Seattle/King County I. PARTIES This Kenneling Service Agreement ("Agreement") is entered into this 1st day bf January 2004, by and between The Humane Society for Seattle/King County, a non-profit *,ashington corporation, hereinafter referred to as the "Humane Society," and the City of Renton, a municipal corporation. II. DEFINITIONS As used in this Agreement, the following specified terms have the following meaning: 2.01 Animal "Animal" or "animals" includes dogs (except wolf -hybrids), puppies, domesticated cats and kittens, rabbits, birds, and domestic rodents. "Animal" does not include equine and other livestock, exotic animals, or any other animals not specifically identified in this section. 2.02 Animal Control Officer "Animal Control Officer" means the Renton Animal Control Officer and/or any duly authorized law enforcement official or other employee of the City of Renton whose duties in whole or in part include assignments which involve the seizure of and taking into custody any animal. "Animal Control Officer" includes, but is not limited to, those individuals described in Renton City Code 6-6-4. 2.03 Humane Society's Regular Business Hours The "regular business hours" for admitting animals to the Humane Society are: Monday, Wednesday and Friday 10:00 a.m. - 6:00 p.m. Saturday and Sunday 10:00 a.m. - 5:00 p.m. 2.04 Impound Fees "Impound fees" are the fees specified in Renton City Code 6-6-2(A). Impound fees are paid by the owner of the impounded animal to the City of Renton. (HTDADMIN:SS/CNTRACTS/HUMANE) 1 1/12/04 2.05 Impounded Animal "Impounded animal" means any animal, as defined in this Agreement, taken into custody by the Animal Control Officer and delivered to the Humane Society. In addition, unless otherwise notified, stray animals delivered to the Humane Society by any person within the city limits of Renton shall be considered an impounded animal for purposes of this Agreement. 2.06 Notice All "notices" or other communications shall be in writing and shall be sent by personal delivery, telephone facsimile transmission, certified or registered mail with return receipt requested, or express courier or delivery service, and addressed as follows: If to the Humane Society The Humane Society of Seattle/King County 13212 SE Eastgate Way Bellevue, WA 98005-4408 Fax: 425 747-2985 If to the City of Renton Renton Animal Control Renton City Hall 1055 South Grady Way Renton, WA 98055 Fax: 206 430-7508 Such notices and communications shall be deemed given (a) three (3) days after the date sent if sent by registered or certified mail, or (b) when received if sent by personal delivery, telephone facsimile transmission, or express courier or delivery services. Any party may change its address for notices by giving the other party notice in accordance with this Agreement. 2.07 Owner "Owner" is a person having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person or who licenses or places other identification tags on said animal(s). "Owner" includes any person described in Renton City Code 6-6-4. (HYDADMIN SS/CNTRACTS/HUMANE) 2 1/12/04 2.08 Parties "Parties" includes all of the parties identified in Section I of this Agreement. 2.09 Redemption Fees "Redemption fees" are fees paid by the owner of a Renton impounded animal to the Humane Society. Redemption fees are the costs relating to the care of an impounded animal while at the Humane Society. Redemption fees are not considered to be in lieu of any fine, penalty, license, or impound fees. III. TERMS AND CONDITIONS In consideration of the promises made by each to the other, the parties agree as follows: 3.01 Term of Agreement This Agreement shall be effective on the 1st day of January 2004 and shall terminate on the 31st day of December 2006. 3.02 Kenneling Service 3.02.A The Animal Control Officer may transport any impounded animal, found within the city limits of Renton, to the Humane Society or any other animal exotic or otherwise that is mutually agreed upon. Animals that have sustained serious injuries must be taken to an emergency animal clinic or hospital rather than the Humane Society. 3.02.B Delivery of impounded animals to the Humane Society is allowed during regular business hours. In addition, although the Humane Society is closed to the public on Tuesdays, the Animal Control Officer may deliver impounded animals to the Humane Society between 9:00 a.m. and 6:00 p.m. on Tuesdays. 3.02.0 The Animal Control Officer is responsible for recording on the kennel/cage paperwork the appropriate information including: the animal's breed, sex, estimated age, location found, and whether the animal is owner -released or impounded. -- If a litter of puppies or kittens are brought in, the litter is kept in a single holding cage or kennel. -- If a mother dog or cat is brought in with her litter of puppies or kittens, the adult dog or cat is recorded on separate paperwork from the litter. -- If the litter is over six months of age, each animal must be recorded on separate paperwork. (H:PDADMIN:SS/CNTRACTS/HUMANE) 3 1/12/04 3.02.D If a Renton resident releases ownership of their animal(s) to the Animal Control Officer, the Humane Society will receive the animal as a stray and charge the City of Renton a surrender fee. No surrender fee will be charged to the City of Renton, however, in those cases where a Renton resident releases ownership of their animal(s) to the Animal Control Officer and the Animal Control officer completes all appropriate Humane Society paperwork pertaining to an owner release, including, but not limited to, the Humane Society's Surrender Agreement. If a Renton resident comes in person to the Humane Society to release their animal(s) to the Humane Society, the animal(s) becomes the sole property of the Humane Society and may be disposed of by the Humane Society at its discretion. No surrender fee will be charged to the City of Renton for these animals. 3.02.E The Humane Society will house, feed, water, and care for all Renton impounded animals for a period of not less than seventy-two (72) hours, except where circumstances mandate the immediate euthanasia of the animal or upon the order of the Animal Control Officer. Such orders must be in writing on the incoming log by the Animal Control Officer. If the orders were called in by the Animal Control Officer they must be written by the Humane Society's Adoption Supervisor or Staff Veterinarian. The City of Renton will pay the cost of the extended holding time. 3.02.F After the holding period has elapsed, the Humane Society will accept immediate ownership and responsibility of all Renton impounded animals. Any Renton impounded animal not redeemed shall be treated in one of two ways: (a) made available for adoption or placement to any person or rescue organization who meets the Humane Society's adoption or placement requirements, or (b) humanely destroyed by euthanasia. 3.03 Monies Remitted by the Humane Society to the City of Renton The Humane Society shall remit to the City of Renton any and all impound fees collected by the Humane Society when Renton residents redeem their own animal(s) from the Humane Society. Impound fees will be assessed in accordance with the penalty schedules set by the City of Renton and placed on file with the Humane Society. If the actual number of previous offenses cannot be determined, only that penalty prescribed for a "first offense" shall be assessed. Impound fees shall not be imposed in the event the animal is adopted by someone other than its owner or representative of the owner. 3.04 Monies Paid by the City of Renton to the Humane Society At the beginning of every month, the Humane Society will bill the City of Renton for any services provided during the previous month. Payment is due within thirty (30) days of receiving the invoice. The City of Renton agrees to pay the Humane Society the following fees and charges: (H:PDADMIN:SS/CNTRACTS/HUMANE) 4 1/12/04 3.04.A The following boarding fees will be charged, per calendar day, for each animal that is kenneled at the Humane Society: $12.00 non -suckling animal (weaned and over 5 weeks of age) $8.00 rabbits or birds $3.00 domestic rodents $3.00 suckling animal (mother is also kenneled at the Humane Society) $18.00 suckling animal (mother is not kenneled at the Humane Society) If the animal is redeemed by its owner; however, the payment of the boarding fee shall be the responsibility of the owner and not the City of Renton. 3.04.13 A medical care fee of $12.00 per calendar day for injured or ill animals that have received emergency treatment prior to delivery to the Humane Society. If the animal is redeemed by its owner; however, the payment of the medical care fee shall be the responsibility of the owner and not the City of Renton. 3.04.0 A medical treatment fee of $20.00 per calendar day for injured or ill animals needing additional medical treatment. Such treatment must be authorized in writing by the Animal Control Officer. If the animal is redeemed by its owner; however, the payment of the medical treatment fee shall be the responsibility of the owner and not the City of Renton. 3.04.D In regard to animals that become ill while kenneled at the Humane Society, the Humane Society shall charge the City of Renton for drugs used on each impounded animal (that is not injured when delivered to the Humane Society) when drugs are necessary for continuing medical care during the holding period or longer as requested by the Animal Control Officer. The rate shall be $2.00 per injection, ingestion, or application above the cost of the original drug price paid by the Humane Society. 3.04.E A euthanizing fee based upon the current Humane Society rate, depending on the size of the animal, for any animal that is euthanized by the Humane Society pursuant to order from the Animal Control Officer and for those animals where euthanasia is required within three (3) days after receipt of the animal from the Animal Control Officer. 3.04.F A non -private cremation fee based upon the current Humane Society rate, depending on the size of the animal, for any dead animal delivered to the Humane Society and cremated. Such animals must be bagged in plastic bags and tagged with proper identifying information. 3.04.G A surrender fee of $25.00 for each animal that is owner -released to the Animal Control Officer and delivered to the Humane Society. (HTDADMINSS/CNTRACTS/HUMANE) J 1/12/04 3.05 Monies Collected by the Humane Society that are Not Remitted The Humane Society shall receive all redemption, receiving, boarding, adoption, surrender, inoculation, and medical fees collected by the Humane Society. 3.05.A The redemption fee is agreed to be $40.00 per animal per redemption. The redemption fee does not include any other fee that may be imposed; rather, the redemption fee is imposed in addition to any other fee or charge. 3.05.13 In regard to animal inoculations, for licensed and/or owned animals, the owner shall be contacted, consistent with this Agreement, whenever possible, to determine if inoculations are current. If they are found to be current, no shots shall be administered and no fee shall be charged. In the event that inoculations are not current, the same shall be administered and the current Humane Society fee shall be assessed to the owner in addition to any other appropriate fees: Unlicensed stray animals may be inoculated at the Humane Society's discretion, however, in no event shall the City of Renton be charged a fee for such inoculations. In the event that such inoculations are administered, and the owner redeems the animal, then the owner shall be responsible for the payment of the fees. 3.06 Animal Licenses 3.06.A The Humane Society will sell an appropriate local animal license to Renton residents adopting or redeeming an animal from the Humane Society (or witness proof that the resident has purchased such a license). 3.06.13 Sufficient supplies of local animal licenses and applications will be provided by the City of Renton to the Humane Society. 3.06.0 Revenues received from the sale of animal licenses by the Humane Society to Renton residents shall be divided evenly between the Humane Society and the appropriate municipality. These monies shall be accounted for as described herein. 3.06.1) The Humane Society will provide to the City of Renton, when requested, the name and address of any Renton resident who redeems or adopts an impounded animal from the Humane Society. (H:PDADMIN:SS/CNTRACTS/HUMANE) 6 1/12/04 3.07 Record Keeping 3.07.A The Humane Society will prepare a monthly report for the City of Renton that reflects daily kenneling service activity. It shall include the numbers and kinds of Renton impounded animals received, redeemed, kenneled, medically treated, euthanized, and cremated by the Humane Society. Further, the report shall reflect all impound fees collected and Renton animal licenses sold. 3.07.13 The City of Renton shall keep the Humane Society informed weekly as to the disposition of animals ordered by the Animal Control Officer to be held longer than seventy-two (72) hours. 3.07.0 The City of Renton shall assume full responsibility for notification of the owner of any Renton impounded animal. In particular, for impounded animals with identification, the Animal Control Officer shall state in writing what efforts have been taken to identify and/or notify the animal's owner that the animal is impounded. The Animal Control Officer must, at a minimum, provide notice as set forth in Renton City Code 6-6-6. 3.07.13 The City of Renton shall furnish receipts for the accounting and collection of impound fees by the Humane Society. 3.07.E The City of Renton shall furnish the Humane Society with a map delineating current boundaries for Renton. 3.07.17 The Humane Society will record in its computer system all Renton impounded animals delivered to the Humane Society after the animals are recorded in the incoming log and assigned kennel/cage space. 3.08 Information Sharing 3.08.A The City of Renton agrees to provide to the Humane Society (and to supplement as necessary) current copies of any and all city ordinances pertaining to: stray animals, leash laws, dangerous dogs, animal cruelty, animal licensing, and any other animal -related enactment. 3.08.B The City of Renton agrees to provide to the Humane Society notice of animal - related issues to be considered by their respective governments, including ordinance reviews, public hearings, and committee meetings. 3.08.0 The City of Renton agrees to provide to the Humane Society (and to supplement as necessary) any emergency or disaster plan pertaining to the kenneling, care, and rescue of animals during and after such an event. 3.08.13 The Humane Society agrees to provide to the City of Renton, as may be requested, with educational materials for their monthly residential newsletter or City of Renton website. (HTDADMIN:SS/CNTRACTS/HUMANE) 7 1/12/04 3.08.E The Humane Society agrees to provide to the City of Renton, as may be requested, with information pertaining to training seminars and workshops that may be beneficial for providing animal control services. 3.09 Independent Contractor Status The parties agree that the Humane Society is acting pursuant to this Agreement as an independent contractor with the City of Renton. 3.10 Indemnification 3.10.A The Humane Society agrees to indemnify the City of Renton against and hold it harmless for all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in connection with or result of any action from the Humane Society performed under or in relation to this Agreement, or performance of services herein specified. 3.10.13 The City of Renton agrees to indemnify the Humane Society against and hold it harmless for all claims, demands, and causes of action or any kind or character, including the cost of defense thereof, arising in connection with or result of any action from the City of Renton performed under or in relating to this Agreement, or in relation to this Agreement, or performance of services herein specified. 3.10.0 The party seeking indemnification (the "indemnified party") agrees to give prompt notice to the party against whom indemnity is sought (the "indemnifying party") of the assertion of any claim or the commencement of any suit, action, or proceeding in respect of which indemnity may be sought. The indemnifying party may, if indemnifying party accepts responsibility for the actions leading to the suit, action or proceeding, and at the request of the indemnified party shall, participate in and control the defense of such suit, action, or proceeding at its own expense. The indemnifying party shall not be liable for any settlement effected without its written consent. 3.11 Insurance The Humane Society shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Humane Society, its agents, representatives, or employees. 3.1 LA The Humane Society shall obtain insurance of the types described below: 3.1 l.A.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. (H:PDADMIN:SS/CNTRACfS/tiUMANE) 8 1/12/04 3.11.A.2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City of Renton shall be named as an insured under the Humane Society's Commercial General Liability insurance policy with respect to the work performed by the City of Renton. 3.11.A.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3.1 LAA Professional Liability insurance appropriate to the Humane Society's profession. 3.1 LB The Humane Society shall maintain the following insurance limits: 3.1 l.B.I Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3.11.B.2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3.11.B.3 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000, 000 policy aggregate limit. 3.1 LC The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 3.11.C.1 The Humane Society's insurance coverage shall be primary insurance as respect the City of Renton. Any insurance, self-insurance, or insurance pool coverage maintained by the City of Renton shall be excess of the Humane Society's insurance and shall not contribute with it. 3.11.C.2 The Humane Society's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Renton. 3.11.D Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. (HTDADMIN:SS/CNTRACTS/HUMANE) 9 1/12/04 3.11.E The Humane Society shall furnish the City of Renton with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Humane Society before commencement of the work. 3.12 Non-discrimination The Humane Society certifies that it is an Equal Opportunity Employer. 3.13 Dispute Resolution and Attorney s Fee 3.13.A In the event of a dispute pertaining to this Agreement, the parties hereto agree to attempt to resolve the matter to their mutual satisfaction. 3.13.13 If litigation, arbitration, or other legal action is limited to construe or enforce terms or provisions of this agreement, the prevailing party is entitled to an award of reasonable attorneys' fees, including any on appeal, in addition to other costs and necessary disbursements incurred therein. 3.14 Further Documentation and Assistance The parties hereto agree to execute any further documentation as may now or later reasonably be required to effectuate the underlying intent of this Agreement. 3.15 Integration This Agreement constitutes a single integrated contract expressing the entire agreement of the parties hereto. There have been no other representations or agreements, whether oral or written, in regard to this Agreement or its subject matter. 3.16 Amendment This Agreement may not be amended, altered, or modified except by written instrument executed by all parties hereto. 3.17 Waiver No waiver of any provision hereof shall be binding or enforceable unless in writing and executed by the party granting such waiver. No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver of such right nor shall any single or partial exercise of any right preclude any other or further exercise of such right or the exercise of any other right. The remedies provided in this Agreement are cumulative and not exclusive of remedies provided by law. (H:PDADMIN:SS/CNTRACTS/HUMANE) 10 1/12/04 3.18 Severability If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 3.19 Termination Failure to comply with any of the provisions stated herein shall constitute material breach of contract and constitute cause for termination. Any termination of the Agreement shall not terminate any obligation of either party prior to such termination, nor shall it affect the validity of any license issued pursuant to the City Ordinance or Resolution. This Agreement may be terminated only after thirty (30) days written notice received. 3.20 Applicable Law This Agreement and any issues or disputes arising from it shall be governed by, and construed and interpreted in all respects in accordance with, the laws of the State of Washington. 3.21 Captions The captions in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement. 3.22 Understandin of Agreement Each party acknowledges that such party has read this Agreement and understands its contents, that such party has had the opportunity to have this Agreement reviewed by an attorney of such party's choice, and that such party either has consulted with an attorney or voluntarily has chosen not to consult with an attorney before signing this Agreement. (H:PDADMIN:SS/CNTRACTS/HUMANE) 11 1/12/04 3.23 Counterparts This Agreement may be signed in several counterparts, each of which shall be an original, but all of which together shall constitute the same instrument. THE HUMANE SOCIETY OF SEATTLE/KING COUNTY By `C1 GPI Title Dated this D day of �G�G , 200 . CITY OF RENTON Attest: Kathy Keolker-Wheeler, Mayor Bonnie Walton, City Clerk Dated this day of , 20 (H:PDADM1N:SS/CNTRACTS/HUMANE) 12 1/12/04 Ccma. CERTIFICATE DATES0o3o/YY) OF LIABILITY INSURANCE PRODUCER PARKER, SMITH & FEEK, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 2233 112th Avenue N.E. Bellevue, Washington 98004 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ne: 425-709-3600 Fax: 425-709-7460 INSURED - INSURER A: OHIO CASUALTY INSURANCE COMPANY THE HUMANE SOCIETY FOR SEATTLE/KING COUNTY 13212 SE Eastgate Way Bellevue, Washington 98005 INSURER B OHIO CASUALTY INSURANCE COMPANY INSURER C: OHIO CASUALTY INSURANCE COMPANY INSURER D: OHIO CASUALTY INSURANCE COMPANY INSURER E: Loilll'I a :/_CE1 :1;! THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 A BK052455277 08/01/2003 08/01/2004 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC JECT AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA052455277 08/01/2003 08/01/2004 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY X OCCUR F__] CLAIMS MADE EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C BX052455277 08/01/2003 08/01/2004 $ DEDUCTIBLE RETENTION $ $ SAXIIA, AND EMPLOYERS' LIABILITY WC ST/ TORY LIMITS X OTH- ER EL ONLY E.L. EACH ACCIDENT $ 1,000,000 D WASHINGTON STATE STOP GAP BKO52455277 08/01/2003 08/01/2004 E.L. DISEASE - EACH EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER $ DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Renton, its elected and appointed Officials, its Employees and Agents are included as Additional Insureds per Endorsement CG8330, Edition Date 10/02, page 2 of 5 attached as respects Renton Kenneling Service Agreement. �_........ ....�..�.. , — I ..-_...-.. - 1.. ---- I rvry to uays for non-payment or premium THE CITY OF RENTON '1ttn: Sherry Smith )55 Grady Way South .enton, WA 98055 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENGEAUG440 MAIL 45' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, At'vnv ca-a t//a// HU MAKING\CERT03(M01) © ACORD CORPORATION 1988 CERT H1 • PO' ICY NCtMBER: BK052455277 1. BLANKET ADDITIONAL INSURED (Owners, Contractors or Lessors) Who Is An Insured (Section II) is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or agreement. The written contract or agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage", or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or agreement, that you own, rent, lease, or occupy; or 2. Resulting from your ongoing operations performed for that insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. "Bodily injury", "property damage", "personal and advertising injury" or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (3) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contrac- tor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or the limits under this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract or agreement specifically requires that this insurance be primary or you request that it apply on a primary basis. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A. is not otherwise excluded from this policy, the following applies: A. The last paragraph of Section I - Coverage A.2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in - Limits of Insurance (Section III). B. Paragraph 6 of Section III - Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A. for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. C. Paragraph 4.b(1)(b) of Other Insurance, Section IV -Conditions is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; :G 83 30 10 02 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 Copyright, Insurance Services Office, Inc., 1995 UMAKINMCERT03(E01) CERT #1 CITY OF RENTON COUNCIL AGENDA BILL Al #: . Submitting Data: Transportation Systems For Agenda of: Dept/Div/Board.. Planning/Building/Public Works March 8, 2004 Agenda Status Staff Contact...... Leslie Lahndt, x-7223 Robert Lochmiller, x-7303 Consent .............. Public Hearing.. Subject: Correspondence.. South Lake Washington Roadway Improvements Ordinance ............. W&H Pacific Supplemental Agreement No. 1; Resolution............ CAG 04-013 Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Supplemental Agreement Information......... Recommended Action: Approvals: Legal Dept......... X Refer to Transportation Committee Finance Dept...... Risk Management X Fiscal Impact: 317.12306.016.5950.0000.67.000000 Expenditure Required... $1,258,321.39 Transfer/Amendment....... Amount Budgeted....... $1,500,000.00 Revenue Generated......... Total Project Budget $1,500,000.00 City Share Total Project.. $1,500,000.00 Remaining Budget $143,513.69 SUMMARY OF ACTION: This supplemental agreement is to provide engineering, design, and survey services for South Lake Washington Roadway Improvement for the Boeing Redevelopment to have legal descriptions by the lst of September 2004 and to have 30% design plans for the partial buildout necessary for District 1 development. After completion of this contract, supplements can be added to complete the needed plans, specifications and estimate (PS&E) for District 1. These supplements will allow the City to build District 1 as an entire project or break it into several phased projects based on developer needs and/or funding demands. An estimate to complete the entire PS&E for District 1 is an additional $500,000. The supplemental agreement is for $1,258,321.39, to be completed by December lst from the time of contract execution, in addition to the initial contract work currently underway to develop marketable lots for $98,164.92, the total new maximum amount payable is $1,356,486.31. The Transportation Systems Division has budgeted $1,500,000 in 2004 for the STAFF RECOMMENDATION: Staff recommends Council approve moving forward with the South Lake Washington Roadway Improvements and authorize the Mayor and City Clerk to execute the supplemental agreement with W&H Pacific in the amount of $1,258,321.39. H:Trans/Design.Eng/Rob/Boeing Redevelopment/Agenda Bill -Revised Second Contract CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 1, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Mayor Kathy Keolker-Wheeler FROM: Gregg ZimmermaiAdministrator STAFF CONTACT: Robert Lochmiller, x7303 SUBJECT: South Lake Washington Roadway Improvements W&H Pacific: Supplement Agreement No. 1 ISSUE: Approval of a supplemental agreement to provide the needed work to meet the second goal established by the Development Agreement to have sellable parcel descriptions by September 2004 and to have 30% design for roadways to support District 1 development. RECOMMENDATION: Staff recommends Council approve moving forward with the South Lake Washington Roadway Improvements Project and authorize the Mayor and City Clerk to execute the supplemental agreement with W&H Pacific in the amount of $1,258,321.39. BACKGROUND SUMMARY: The South Lake Washington Roadway Improvements is the key project for the redevelopment of Boeing property in the North Renton Site. The partnership between the City of Renton and The Boeing Company for the North Renton Site is one that aspires to draw private interest in an area to be redeveloped from the aerospace company's use to commercial/retail use. A tight deadline has been outlined in the Boeing/City Development Agreement that entails the needed roadway improvements and new stormwater, sewer, and water utilities required to accommodate the shift in land use. The City of Renton desires to go forward with the final design for roadways to support the development of District 1. This supplemental agreement will complete the work needed before the plans, specifications and estimate (PS&E) can be assembled for District 1. The February 27, 2004 Page 2 estimate to complete PS&E after completion of this agreement is $500,000. With this estimate and the expenditures for this contract, the total cost for final PS&E for District 1 is under $1,850,000. The City has budgeted $1,500,000 for 2004 for this project. Reallocations are not needed for this year to complete the necessary contract work and to start PS&E contract for District 1. The additional funds needed to complete the PS&E for District 1 will come from Transportation and Utility budgets in 2005. After completion of this supplemental agreement, future supplements can be added to complete the needed plans, specifications and estimate (PS&E) for District 1. These supplements will allow the City to build District 1 as one entire project or into several phased projects based on developer needs and/or funding demands. The supplemental agreement is for $1,258,321.39, to be completed by December V from the time of contract execution, in addition to the initial contract work currently underway to develop marketable lots for $98,164.92, the total new maximum amount payable is $1,356,486.31. Washington State Department of Transportation Organization and Address Supplemental Agreement W&H Pacific 3350 Monte Villa Parkway Bothell, WA 98021 Agreement Number CAG 04-013 Project Number Phone 425-951-4860 Project Title New Maximum Amount Payable South Lake Washington Roadway Improvements $ 1,356,486.31 Description of Work Develop roadway horizontal and vertical alignments, storm, water, and sewer to a level of detail sufficient to develop and record Legal Descriptions for the proposed Right -Of -Way necessary for the Full Buildout conditions and develop 30% plans for roadway for the partial buildout network necessary for District 1 The Local Agency of City of Renton desires to supplement the agreement entered into with W&H Pacific and executed on 1/29/2004 and identified as Agreement No. CAG 04-013 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: 11"iiiijillillillillill1 "r1 .11"11"1 1 1 RIMIN If 1 1" 1 1" .1. 1"1 am 1 1 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Comnletetion Date -December 1,2004 Section V, PAYMENT, shall be amended as follows: The additional services described in Exhibit "A-1" will cause an increase to the contract of $1 _ .5R,121 39 as shown as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Consultant Signature By: Approving Authority Signature DOT Form 140-063 EF Revised 10/97 EXHIBIT A - 1 SUPPLEMENTAL AGREEMENT NO. 1 SCOPE OF WORK SOUTH LAKE WASHINGTON ROADWAY IMPROVEMENTS PRELIMINARY DESIGN AND RIGHT-OF-WAY LEGAL DESCRIPTIONS Project Description The work to be accomplished under this supplemental agreement will be to provide engineering, design, and survey services for the South Lake Washington Roadway Improvements for the Boeing Redevelopment to have legal descriptions by the V of September 2004 for Parcels Area A, Lot 3 North and South, and Area B, Lot 10-50 North and South. The Supplement Agreement will develop roadway horizontal and vertical alignments, storm, water, and sewer to a level of detail sufficient to develop and record Legal Descriptions for the proposed Right -of -Way necessary for the Full Buildout conditions and develop 30% plans for roadway the partial buildout network necessary for District One (1). The typical roadway section for each street for Full Buildout will be as follows: Logan Full 133' 8 lanes of traffic ( 6 at 11 feet, 2 at 12 feet) with a 12 Garden Street to 3rd foot median/turn lane 5' Bicycle lanes on each side Park Avenue North Full 105' 4 lanes (12 foot wide) of traffic with median turning 80' to Logan to 1200' lane (12 foot wide) and an eight (8) foot parking lane North of Loan each site Park Avenue South Full 8 F 41anes(12 foot wide) of traffic with 12 foot median 6"' to 8th turning lane, no parking 8 Street Full 79' 4 lanes (2 @ 12 foot wide and 2 @ 11 foot wide) of Logan to Garden traffic with 12 foot median and turning lane 10th Street Full 79' 4 lanes of traffic with 12 foot median and turning lane Logan to Garden The typical roadway section partial buildout of each street necessary for District 1 Network will be as follows: Logan 50.5' Partial Buildout 2 lanes (11 foot wide) of traffic with a 11 foot wide Garden Street to 6th median/turn lane 5' Bicycle lane, 5 foot wide planter and 5 foot wide sidewalk on one side Park Avenue North Full Buildout 105' 4 lanes (12 foot wide) of traffic with median turning 8th to Logan lane (12 foot wide) and an eight (8) foot parking lane each site Park Avenue South Full Buildout 8 F 4 lanes(12 foot wide) of traffic with 12 foot median 6'h to 8th turning lane, no parking 8ffi Street 45.5' Partial Buildout 2 lanes (1 @ 12 foot, 1 @ 11 foot)of traffic with 12 foot Logan to Park wide median and turning lane I e Street 45.5' Partial Buildout 2 lanes (1 @ 12 foot, 1 @ 11 foot)of traffic with 12 foot Logan to Garden wide median and turning lane 3/1/04 Page 1 of 14 C.'Documents and SettingsVIochmillerlLoc-A Settingffemp\,South Lake Washington Roadway Improvements - 2.25.04.doc Task 200 — Project Administration Task 200.1 - Project Management WHP will provide project management and administration, liaison with the CITY, develop and maintain a detailed project task percent complete schedule, coordinate and schedule project staff, and prepare monthly narrative progress reports. Task 200.2 - Subconsultant Coordination WHP will coordinate with subconsultants regarding contracting procedures, will prepare and execute contracts with individual subconsultants, and will address contract -related issues with the subconsultants as they arise during the project. This work element includes reviewing monthly progress, invoices, attending meetings and scheduling work items. Monthly monitoring of the Subconsultant design budget will occur over the course of the project. Current status, as well as projections, will be developed. This work element will help monitor costs and budgets. These actions could include formal requests for scope modifications and respective budget adjustments. Task 200.3 - Quality Assurance/Quality Control WHP will complete a quality assurance check prior to submitting any work for the CITY's review. A quality assurance check will be used to confirm that the submitted work follows the CITY standards and that the work is professional quality meeting industry standards. The quality assurance check will include review of engineering, drafting and clerical errors or omissions. Lead designers will review detailed technical work while it is in progress, as well as after the work products are assembled for submittal. Task 200.4 - Coordination Meetings WHP will attend project related meetings, provide information for CITY staff coordination meetings, respond to public concerns through communication with CITY staff, and prepare exhibits for CITY use. WHP will attend up to thirty (30) project coordination meetings with the CITY staff to review schedule, budget, status of designs, and plan review comments. WHP will prepare agendas and meeting notes and distribute to participants. Task 200.5 - Monthly Invoices and Correspondence Monthly invoices will be prepared by WHP for work activities for the prior month. These will also include Subconsultants work. The following table will be updated and submitted by WHP with each invoice. Task 201— Geotechnical Review Purpose and Scope of Study: The purpose of the study will be to explore and evaluate the surface and subsurface conditions in the site vicinity to provide geotechnical design and construction recommendations for the planned improvements. Task 201.1— Literature Review This task consists of reviewing the CITY files for pertinent and readily available geotechnical reports within the immediate vicinity. This task will also include compiling the geotechnical data collected from these reports. 3i1/04 Page 2 of 14 CADocuments and Settingsklochmi➢erAocal SettingsWempkSouth Lake Washington Roadway Improvements - 2.25.04.doc Task 201.2 — Field Explorations Subsurface conditions will be explored by drilling and sampling a total of 8 borings throughout the project area. Boring locations will be chosen to augment the geotechnical data collected during Task 201.1. All borings will be drilled to a maximum 20 feet below the existing ground surface using an un- assisted truck -mounted drill rig. A right-of-way permit will be the only permit required for drilling in the street. The CITY will not charge a fee for right-of-way permits. A log will be maintained of the soils encountered and samples will be obtained for visual observation, classification, and laboratory testing. A minimum of four samples will be taken in the upper 10 feet at 2.5-foot intervals, then at 5-foot intervals thereafter and/or at each change of stratum until boring termination. A Standard Penetration Test (SPT) and thin wall Shelby tube samples will be used to collect granular soil and cohesive soil samples, respectively, as appropriate. Soil samples will be classified in accordance with the ASTM D-2488. Task 2013 — Geotechnical Laboratory Testing Laboratory testing will be performed on selected samples. Tests will include a combination of moisture content, sieve analysis, Atterberg limit, consolidation, strength (direct shear and/or triaxial), Proctor, and CBR tests. The selected type and frequency of testing will be based on the subsurface conditions encountered. Task 201.4 — Engineering Analysis A preliminary engineering analysis will be performed to provide a basis for design and construction. Design recommendations will include the following: 1. Site preparation and grading including evaluation of the suitability of on -site soils for use as fill, gradation criteria for imported fill soils, and placement and compaction criteria of on -site and imported soils. 2. Preliminary allowable soil bearing pressures for native soil and structural fill, minimum footing width and depth requirements, coefficient of friction for native and backfill materials to resist sliding, and estimates of foundation total and differential settlement for shallow foundations that can be utilized by miscellaneous structures anticipated for the project. 3. Passive and active lateral earth pressures for native and backfill materials. 4. The modulus of subgrade reaction. 5. Support for pavements. 6. Seismic site coefficients. 7. Temporary and permanent site drainage and erosion control measures. 8. Temporary and permanent slope inclinations. Task 201.5 — Report Preparation Following completion of the field exploration, laboratory testing, and the engineering analysis, verbal recommendations will be provided presenting our design recommendations. This will be followed up with a draft preliminary geotechnical summary letter for review containing findings, conclusions, and recommendations. Three copies of the final summary letter will be provided. The final report will contain a site plan, boring logs, laboratory test results and water table elevations if encountered. 3/1/04 Page 3 of 14 CADocuments and Seltings\rlochtnitler\Lo" Settings\Temp\South Lake Washington Roadway Improvements - 2.25.04.doc Task 202 — Environmental Review Proposed Scope of Services: An environmental review will be performed for the soil and groundwater contamination within the proposed North Renton Infrastructure Improvements Project area. Task 202.1 - Review Available Environmental Reports Readily obtainable environmental investigation and remediation reports that were previously prepared for the subject site will be reviewed. The purpose of reviewing these reports will be to assess background information pertaining to environmental related concerns that may have occurred or are currently existing within the site area. Task 202.2 - Site Reconnaissance The following activities will be performed during a site reconnaissance: 1. Review and note obvious location(s) of past and present chemical storage, use, and disposal. Photographs will be taken, as appropriate. 2. Identify obvious location(s) of aboveground and underground storage tanks, and pipelines. 3. Record terrain characteristics and tour possible "areas of concern," as noted in the review of the aerial photographs and public information (e.g., chemical storage areas, suspected disposal areas, removed structures). Task 202.3 - Historical Site Research The history of the site area will be researched to identify evidence of hazardous materials and on -site features that may affect the planned improvement project. Readily available and obtainable historical information will be reviewed to gain an understanding of the site's history as far back as approximately 50 years. The following information sources will be used, as necessary, to research the project site's history. Review readily obtainable Sanborn fire insurance maps to gain knowledge of past site operations, facilities, or activities of environmental concern for the subject site. 2. Review readily obtainable aerial photographs for discernable physical features regarding past site operations, facilities, or activities of environmental concern for the subject site. 3. Review available city directories, property maps, topographic maps, and other public information regarding the property. 4. Review chain -of -title records for the subject site. 5. Review readily available records concerning contents, construction, maintenance, and monitoring of underground and aboveground storage tanks associated with the property. 6. Interview available key personnel who may have historical environmental information concerning the subject site. Task 202.4 - Agency File Review Federal and State databases will be reviewed to locate hazardous waste generators, documented leaking or permitted underground storage tanks, sites with known or suspected releases, landfills, and Superfund sites. These databases will be reviewed, as well as existing documentation, to assess if there were prior investigations or events, and conditions associated with the subject site and in the immediate vicinity, relating to spills discharges, or other activities resulting in the potential for contamination or the presence 3/1/04 Page 4 of 14 CADocuments and SettingsklochmilleALocal Settings\Temp\South Lake Washington Roadway Improvements - 2.25.04.doc of hazardous materials. For the purpose of this environmental assessment, up to 20 files will be reviewed at the appropriate regulatory agency. Task 202.5 - Preparation of Assessment Report A report of findings will be provided, based on information obtained in Tasks 202.1 through 202.4. This report will describe the assessment procedures; summarize the findings, and present opinions concerning the likelihood of substantial contamination of soil and groundwater within the infrastructure improvements project area. The report will include recommendations for additional document review (including regulatory agency records) or site exploration (both provided at your request) if contamination is suspected or noted. 1. If underground tanks are on the property, tank integrity testing is not a part of the scope of services. 2. Sampling/analysis of building materials for asbestos content and sampling/analysis of paint applications for lead content is not included in this scope of services. 3. This environmental scope of services does not include non -scope considerations, such as wetlands investigations/delineations, lead in drinking water, cultural and historic resources, radon, asbestos - containing materials, lead -based paints, regulatory compliance endangered/threatened species, indoor air quality, high voltage powerlines, or any other type of investigation not specifically mentioned herein. Task 202.6 — SEPA Checklist WHP will prepare a draft Environmental Checklist in compliance with the State Environmental Policy Act (SEPA) for the 30% District 1 Roadway Network and submit to CITY for review. WHP tasks will include meeting with CITY staff, data calculation and analysis, and preparation of draft environmental documents. The environmental documents will identify the potential environmental impacts that would result from the proposed improvements and list the required permits and approvals. Task 203 — Survey WHP will review and check records of surveys and mapping in the project vicinity, provided by Boeing and the CITY, and collected from WSDOT to establish horizontal and vertical controls for the project site. Field survey work for the planned improvements will include cross sections, roadway profiles, driveway profiles, cross -street profiles, existing surface utility locations, utility invert elevations, and topographic features. Base maps at a scale of one inch equals twenty feet (I"=20') will be developed, and existing ground line profiles will be plotted from the field survey information. Base mapping will be tied to existing monumentation and defined on the plans. Area of Coverage: The project limits to be covered by survey and base mapping are 25 feet beyond each side of the proposed right-of-way lines for the typical roadway sections and 200 feet beyond the centerline intersections of the following: Logan Avenue North: From 300 feet south of the intersection with North 3Td Street, along the proposed alignment, through the proposed intersection with Park Avenue, to 300 feet past the intersection with Garden Avenue North. Park Avenue North: From 300 feet south of the intersection with North 6"' Street, through the proposed intersection with Logan Avenue North and along the proposed alignment to the south shore of Lake Washington. North 81h Street: Garden to the proposed intersection with Logan Avenue North. 3/1/04 Page 5 of 14 C:\Documents and SettingsVIochmiber\Local SettingsWemp\South Lake Wasbington Roadway Improvements - 225.04.doc North 101h Street (Proposed): Garden its proposed intersection with Logan Avenue North. General Scope of Services: All surveying will be tied to the City of Renton NAD 83/91 horizontal control points and NAVD 88 vertical control points. All survey work will be conducted in accordance with the CITY requirements. WHP will research the CITY and King County records to recover the monumentation controlling the site, and establish a horizontal datum. 2. WHP will tie to at least two local control monuments and reference them on the final drawings. These monuments will serve as the basis of horizontal coordinates and control the site. 3. WHP will retrace the existing right-of-way, recovering field monuments, to establish the rights -of - way of the site. From this information, and the information provided from current short plat certificates, we will then compute the right-of-way to be shown on the survey and list found points at the property corners. Task 203.1— Topographic Survey WHP will tie into the CITY, vertical datum for the site and reference it on the final drawing. 1. WHP will set permanent vertical control benchmarks on the site at a maximum distance of 1000 feet horizontally and/or 100 feet vertically for future construction use. 2. WHP's field survey will locate evidence of the following existing improvements (assuming that they are visible) on site and up to 25 feet beyond the proposed right-of-way lines of the area of coverage listed above and 200 feet beyond the centerline intersection of all side streets. a. Pavement limits b. Curbs and sidewalks c. Driveways and Curb cuts d. Buildings e. Fences f. Storm drainage structures with pipe invert elevations g. Sanitary sewer manholes with pipe invert elevations h. Water valves, fire hydrants and associated features i. Electrical power vaults and associated surface features j. Telephone manholes and pedestals k. Natural gas valves, meters, and warning markers 1. Cable TV pedestals m. Street lighting n. Signing o. Utility poles p. Overhead wires, guy wires q. Meters r. Road channelization 4. WHP will contract a private utility location service to mark out those facilities not marked by the CITY's staff. 5. WHP will prepare the final topographic survey map with a one foot contour interval. 3/1/04 Page 6 of 14 CADocuments and SeltingsklochmilleALocal SettingATemp\,South Lake Washington Roadway Improvements - 225.04.doc Task 203.2 — Short Plat and Right -of -Way WHP will prepare ROW Drawings, potentially in the form of a Short Subdivision Map of the site per the CITY Standards for Short Subdivisions. This map will show the proposed lot lines, right-of-way and any encroachments to the property such as easements on or across the property as approved by the CITY. WHP will submit Right -of -Way drawing (short plat) to CITY for Review. Task 203.3 — Legal Description WHP will prepare legal descriptions for the proposed parcels and will verify their mathematical accuracy. WHP will submit legals for review by CITY. Legal description will be prepared to CITY Standards. Assumptions: The above Scope of Services and related fees are based on the following assumptions: 1. The final base map will be drawn at a scale of I "=20'. 2. AutoCAD layer names will conform to CITY standards. 3. WHP will show spot elevations on hard surfaces on a separate layer. 4. All text and stationing on AutoCAD drawings will read from south to north. 5. Current title reports with full backup on the easements and other appurtenances will be obtained by WHP. 6. The CITY will initiate contact with the adjacent property owners, and will secure permission to access all the property to be surveyed. 7. The boundaries of the parcel will be determined by the title report. Task 204 — Full Buildout Analysis WHP will develop horizontal and vertical roadway alignments for the full build -out condition of the proposed roadways. Utility information developed in Task 207 will be shown in plan view. WHP will prepare a brief design memorandum that will define the design criteria to guide the design development process. Plan sheet size will be 22 inches (height) by 34 inches (width). Full size plan sheet scale will be 1"=20. This standard allows for 1/2 size plans at 1"=20 scale. Plan sheet boarders are 1.5 inches for the left margin, and one inch for top, bottom and right margins. The drawing scales, lettering, and general delineation of the plans will render legible reproduction at full scale, or when reproduced at 50%. WHP will use the following plan sequence for the Full Buildout analysis. Task 204.1— Cover Sheet, Index and Vicinity Map The cover sheet will include an index listing plan sheet titles as they appear in the plan set, city map and project location, Mayor, Council members, Transportation Director. The vicinity map illustrating the project limits will be shown on the map on the cover sheet. Task 204.2— Typical Roadway Sections 3/1/04 Page 7 of 14 C.'Documents and Settings;Nrloch McALoca1 SettingsWempVSouth Lake Washington Roadway Improvements - 2.25.04.doc Separate roadway sections will be provided for each differing section of the roadways for the entire length of the project. Provide geometric information for elements to be constructed, including: roadway, curb & gutter, sidewalk and wheelchair ramps. Task 204.3 — Roadway & Storm Drainage Plan and Profile Provide existing profile alignment data and proposed super -elevation diagrams. Prepare complete plan and profile drawings in accordance with the approved roadway design and channelization plans. Indicate driveway reconstruction limits, existing and proposed profile. The plans will include: paving limits, grading locations, pavement types, barrier types and locations, guard rail types and locations, intersection grading, and other applicable items. Provide details for construction elements not covered by a CITY Standard Details. The anticipated sheet list is as follows: Sheets Description 1 Cover Sheet 2 Typical Roadway Sections & Details 45 Roadway, Storm Drainage and Utility Plan and Profiles 48 Total Number of Plan Sheets Deliverable(s)/Work Product(s) One full-size and six (6) half-size set of plans. Task 205 — Roadway Design of District 1 Roadway Network (Partial Buildout) WHP will develop preliminary plans to the 30% stage for District 1 Road Network (Partial Buildout). WHP will prepare a brief design memorandum that will define the design criteria to guide the design development process. Plan sheet size will be 22 inches (height) by 34 inches (width). Full size plan sheet scale will be 1"=20. This standard allows for'/z size plans at 1"=20 scale. Plan sheet boarders are 1.5 inches for the left margin, and one inch for top, bottom and right margins. The drawing scales, lettering, and general delineation of the plans will render legible reproduction at full scale, or when reproduced at 50%. General construction notes will be on all plan sheets. General notes will be numerically ordered and consistent throughout the plan set. Note and leader will call out construction notes. Bubbles with leaders will not be acceptable except for wiring notes for signal and illumination plans as they are numerically ordered and consistent throughout the applicable sheets. If additional detail is required to provide clarity, the plans and details will include an exploded view. WHP will use the following plan sequence for the Roadway Design of District/Roadway Network - Task 205.1— Cover Sheet, Index and Vicinity Map The cover sheet will include an index listing plan sheet titles as they appear in the plan set, city map and project location, Mayor, Council members, Transportation Director. The vicinity map illustrating the project limits will be shown on the map on the cover sheet. Task 205.2— Typical Roadway Sections Further develop and refine the typical roadway sections developed in Task 204.2. Separate roadway sections will be provided for each differing section of the roadways for the entire length of the project. Provide geometric information for elements to be constructed, including: roadway, curb & gutter, sidewalk and wheelchair ramps. Task 205.3 — Roadway & Storm Drainage Plan and Profile 3/1/04 Page 8 of 14 CADocuments and SettingArlocbmWer\Local Settiups\Temp\South Lake Washington Roadway Improvements - 2.25.04.doc Further develop and refine the roadway and storm drainage plan and profile sheets developed in Task 204.3. Provide existing profile alignment data and proposed super -elevation diagrams. Prepare complete plan and profile drawings in accordance with the approved roadway design and channelization plans. Indicate driveway reconstruction limits, existing and proposed profile. The plans will include: paving limits, grading locations, pavement types, barrier types and locations, guard rail types and locations, intersection grading, and other applicable items. Provide details for construction elements not covered by a CITY Standard Details. Task 205.4 — Channelization, Signing and Illumination Prepare drawings that show all existing and proposed channelization, including: type of channelization, lane widths, curve data, beginning and ending of tapers, transitions, motorized and non -motorized pavement marker types and locations, traffic island layouts, bus stops, driveway reconstruction, sidewalks & crosswalk, guideposts and barrier delineation. Provide a sign inventory on the drawings showing existing signs and conditions. Include a sign schedule identifying existing, to be removed or relocated, and all new signs to be installed. Show details of all non-MUTCD signage, sign attachment and structure detail. Prepare drawings that show all existing and proposed illumination, including: controllers and cabinets, detection, power sources, foundations, junction boxes, street lighting pole and fixture type, pole bases, street lighting design spacing, temporary illumination. Task 205.5 — Estimates The Engineer's Estimate will include an itemized list in tabular form, describing; section, item, and number of units (quantity), estimated unit costs, and total cost, with the understanding that any cost opinion or engineer's estimate provided by WHP will be on the basis of experience and judgment. The estimate will be prepared using standard unit costs and lump sum prices. Quantity estimates will be displayed in spreadsheet format consistent with the boilerplate specifications. Backup calculations and any other notes will be included with any submitted quantity sheets. The APWA standard symbols will be used for the illustration of topographic base mapping and design work If the symbols are not in the APWA standards, then Washington State Department of Transportation standard symbols will be used. The anticipated sheet list is as follows: Sheets Description 1 Cover Sheet 2 Typical Roadway Sections & Details 27 Roadway and Storm Drainage Plan and Profiles 27 Utility plan and profiles 15 Channelization, Signing and Illumination Plans 24 Signal Plans 96 Total Number of Plan Sheets Deliverable(s)/Work Product(s): One full-size and six (6) half-size set of plans and an engineering estimate. Task 205.6 — Address Review Comments WHP will address review comments from the CITY and incorporate in the plan documents. 3i1ro4 Page 9 of 14 CADocuments and SellingsV1ochmd1erXLoca1 Settingffemp\South Lake Washington Roadway Improvements - 2-25.04.doc The CITY will compile review comments from the CITY, Boeing, and others into one redline plan set for the CONSULTANT. One set of review comments from the CITY is anticipated. Task 205.7 — Public Involvement The CITY will be overall responsible for coordination and communication with citizens and property owners interested in the planned improvements. Any questions or concerns by these parties will be referred to the CITY by WHP. WHP and CITY staff will meet with property owners to discuss preliminary design considerations. It is anticipated that there will be eight (8) property owner meetings. WHP will provide the CITY with support for City Council presentations and/or workshops, public involvement open house meetings and newsletters. The CITY will organize these meetings and publish/distribute newsletters. WHP will support the public involvement process by preparing exhibits and information for the meetings and newsletters. WHP will attend and participate in one (1) open house meeting and will provide information for two (2) newsletters. Task 206 — Signal Design Plans will be prepared to identify all existing and proposed signalization, including: controllers and cabinets, detection, power sources, emergency vehicle preemption, fiber optics, foundations, junction boxes, pedestrian push buttons, signal heads & poles, pole bases, signal phasing, traffic control, handholes, interconnect, temporary signals. To prepare the signal plans, the following work items will be completed: 1. Traffic data projections — Identifying traffic volumes on new and existing routes includes existing traffic counts and trip generation projections for land use. This will include trip generation for all properties between Logan Avenue North and Houser Way North. 2. Intersection analysis — Operational analysis includes modeling intersections to determine traffic signal needs and identifying traffic queues. Also includes potential driveway areas for sufficient sight distance and potential access. This includes 9 intersections. 3. Traffic signal design — Design work develops preliminary traffic signal plans and modifications to existing signals. 4. Lane use design — Develop specific lane assignments and lengths of special use lanes to define landscape areas. Incorporate rail crossings into road design to meet regulatory requirements but includes no railroad signal work or approvals. This scope of work includes the following assumptions to complete the signal design work: 1. Land use plans identify potential development in site area. 2. Existing traffic counts are available through the CITY. 3. Design work will be provided for complete build -out of roads with possible modifications for temporary widths. Two complete designs will not be required. 4. Nine (9) intersections will require analysis and new or reconstruction traffic signal designs. Task 207 — Utilities Evaluation for Full Buildout General Scope of Work: The requirements for water, sewer, storm, and other utility system infrastructure improvements will be based on the planned phased redevelopment of the project area as defined in the project's DEIS/FEIS and the preliminary system improvements identified and defined by CITY staff in the Renton/Boeing Development Agreement. Design of storm system infrastructure improvements and analysis of related issues will be the design team's responsibility. The CITY will perform the design of the water and sewer 3/1/04 Page 10 of 14 C.\Documents and SettingArlochmilleAL.ocal Settings\Temp\South Lake Wasbington Roadway ]mprovenients - 2.25.04.doc system improvements and the individual franchise utility purveyors are responsible for modifying their facilities within the project limits. The design team's primary efforts for these utility system improvements will be to facilitate the CITY and franchise utility purveyors' efforts and to coordinate with project stakeholders through design and construction of the project. Stormwater System Improvements: Project stormwater system improvements will be designed to accommodate the drainage collection, treatment, and conveyance required for the redevelopment of the project area. Anticipated system improvements, as identified and defined by CITY in the Renton/Boeing Development Agreement, include collection and conveyance piping, catch basins, water quality treatment facilities, existing facilities adjustments, as well as temporary erosion and sedimentation control (TESC) BMPs required to support the proposed project roadway improvements. Existing Stormwater collection and conveyance facilities (both CITY and Boeing systems), including trunk conveyance pipelines and outfalls, are intended to be utilized as much as reasonably practical within the project area. All storm system facilities are to be designed to the Washington Department of Ecology standards as adopted by the CITY. Permanent water quality treatment facilities will be designed to treat runoff from new impervious surfaces subject to vehicular traffic only. TESC measures will be designed to contain and treat sediment -laden runoff from construction activities. All stormwater runoff from the project area will be collected, treated, and directed to a common trunk line storm drain that will ultimately connect to one of the existing conveyance pipelines and outfalls. Lateral storm drain piping will be provided to accommodate site drainage from adjacent lots and future roadway improvements projects. Storm water detention is not anticipated with discharge directly or indirectly to Lake Washington, because peak flows from the developed project area will be smaller than existing peak flows, according to the DEIS. A few of the key features and considerations for design of the storm system infrastructure improvements include the following: 1) sub -basin transfer of existing drainage flows within the project area in order to mitigate current system local flooding near John's Creek and capacity problems (according to the DEIS technical report) with some of the existing outfalls; 2) identification of water quality treatment facilities/technologies as a potentially more cost-effective alternative to the "wet vault" facilities prescribed by Ecology. Ecology is currently evaluating a number of proprietary treatment technologies that tend to be smaller and potentially less costly; it is anticipated that one or more of these emerging technologies may be accepted for use by Ecology in the near future; 3) separation of project area roadway runoff from other contributing areas and treatment prior to discharge to the trunk line will minimize the size of water quality treatment facilities; and 4) storm system improvements will need to provide for laterals/connections for future system improvements in order to accommodate the planned phased redevelopment of the project area and to avoid disruption during future phases of construction. Task 207.1— Stormwater System Preliminary Design/Coordination Perform preliminary engineering analysis and preliminary design level for the required/desired stormwater system improvements (Full Build -Out Scenario) as reflected in the Renton/Boeing Development Agreement. In general, anticipated project stormwater system improvements may include new, replaced or upgraded infrastructure in order to accommodate new roadway features and other system requirements. System infrastructure improvements will include collection and conveyance piping, catch basins, existing facility adjustments, water quality treatment facilities such as oil/water separators, wet vaults or alternative treatment technologies or facilities (for roadway drainage only) and temporary erosion and sedimentation control (TESC) BMPs to comply with CITY and State stormwater design criteria. System improvements specifically excludes stormwater detention facilities but includes water quality systems per City standards and Department of Ecology (DOE) guidelines. Anticipated efforts include the following: 3/1/04 Page 11 of 14 C:\Docaments and SettingsklochmiRerTocal Settings\Temp\Soath lake Washington Roadway Improvements - 2.25.04.doc Stormwater Collection and Conveyance Analysis/Preliminary Design a. Identify applicable design criteria and related requirements. b. Evaluate existing stormwater flow data including basin and subbasin delineation and characterization from recent reports (the CITY's 1995 Draft Surface Water Comprehensive Plan and KPFF's EIS supporting technical report). c. Perform hydraulic modeling of entire pipe network (existing and proposed) d. Determine the best way to distribute future flows in order to alleviate existing identified capacity limitations e. Make recommendations on system design. f. Preliminary sizing and layout of major facilities and pipelines for proposed new stormwater collection and conveyance system. A single system layout/alignment will be developed for the stormwater collection/conveyance facilities following a limited alternatives analysis (if applicable). See also other assumptions identified below. g. Discuss phasing concepts and feasibility 2. Stormwater Treatment Analysis/Preliminary Design a. Identify and evaluate potential treatment alternatives b. Recommend cost effective solutions for storm water quality treatment. c. Meet with the CITY to select desired treatment alternative d. Perform preliminary analysis for sizing stormwater treatment facilities e. Site all stormwater treatment facilities f. Discuss phasing concepts and feasibility 3. Design Coordination a. Work with CITY stormwater utility staff to collaborate and coordinate system development, analyses and design including information/basis for CITY's conceptual -level designs described in the Renton/Boeing Development Agreement b. Work with the design team to collaborate and coordinate design of project stormwater system improvements with other project infrastructure improvements (roadway, utilities, etc.) c. Coordination with others as required to meet design requirements and to assist in securing project approvals Deliverable(s)/Work Product(s): Preliminary Engineering and Design of Project Stormwater System Improvements Assumption(s): Existing stormwater flow data to be provided by the CITY for all existing stormwater conveyance pipes. The existing flow data should be formatted to the same design storm event to which new facilities will be designed. Utilize 1995 Draft Renton Surface Water Utility Comprehensive Plan and 2003 KPFF EIS Storm Report to identify basin hydrology. The entire drainage area has already been mapped. Therefore, there is no need to redo this work Build on CITY's conceptual -level designs and evaluation/work completed for the EIS technical report as well as the City's 1995 Draft Storm Water Management Plan. System improvements will be developed based on "full build -out" conditions only; phasing will not be considered as part of the evaluation, except as otherwise stated. 3i1iO4 Page 12 of 14 CADocuments and Settingsklochmiller\Local Settlngffemp\South Lake Washington Roadway Improvements - 225.04.doc Hydraulic analysis will be performed to analyze new and existing conveyance facilities, using SBUH 25-year, 24 hour design storm, in accordance with the 2001 Department of Ecology Stormwater Manual. New water quality treatment facilities will be sized for the 6-month, 24 hour design storm in accordance with the 2001 Department of Ecology Stormwater Manual. Task 207.2 — Water System Improvements Coordination Collaborate and coordinate with CITY staff and Boeing on preliminary design of water system improvements ("full build -out" scenario) as reflected in the Renton/Boeing Development Agreement. In general, anticipated water system improvements will include new, replaced or upgraded infrastructure in order to accommodate the new/expanded service area and other system requirements. System infrastructure improvements are anticipated to include piping, system appurtenances (such as fire hydrants, valving, service stubouts and meters to be incorporated as necessary/desired by the CITY), and existing facility adjustments. Anticipated efforts include the following: 1. Work with CITY water utility staff to collaborate and coordinate system development, analyses and design including information/basis for CITY's conceptual -level designs described in the Renton/Boeing Development Agreement. Assumption(s): Preliminary engineering and design of project water system improvements will be performed by the CITY. Task 2073 - Sewer System Improvements Coordination Collaborate and coordinate with CITY staff and Boeing on preliminary design of sewer system improvements ("full build -out" scenario) as reflected in the Renton/Boeing Development Agreement. In general, anticipated sewer system improvements may include new, replaced or upgraded infrastructure in order to accommodate the new/expanded service and other system requirements. System infrastructure improvements are anticipated to include piping, system appurtenances (such as manholes, service stubouts, etc. to be incorporated as necessary/desired by the CITY), and existing facility adjustments. Anticipated efforts include the following: 1. Work with CITY sewer utility staff to collaborate and coordinate system development, analyses and design including information/basis for CITY's conceptual -level designs described in the Renton/Boeing Development Agreement. 2. Work with the design team to collaborate and coordinate design of project sewer system improvements with other project infrastructure improvements (roadway, utilities, etc.) and existing Boeing system(s) and franchise utilities infrastructure. 3. Coordination with others as required to meet design requirements and to assist in securing project approvals. Deliverable(s)/Work Product(s): Coordination of CLIENT's Preliminary Engineering and Design (30%) of Project Sewer System Improvements Assumption(s): 3i1iO4 Page 13 of 14 O\Documents and Settingsklochmiller\Local SettinpUemp\South Lake Washington Roadway Improvements - 2.25.04.doc Preliminary engineering and design of project water system improvements will be performed by the CITY. Task 207.4 — Boeing/Franchise Utility System Improvements Coordination Collaborate and coordinate with CITY staff, Boeing and franchise utilities (power, phone, fiber optic, TV, natural gas, or other) on preliminary design of CITY and Boeing utility system(s) improvements as well as on required relocation of existing or location of new franchise utilities; reflect pertinent Boeing system and franchise utility system information in 30% design drawings. In general, anticipated Boeing and franchise utility system improvements may include new, replaced or upgraded or adjusted underground and overhead utilities in order to accommodate new roadway and other project utility infrastructure improvements features and other system requirements. The planned improvements will be coordinated with Boeing and franchise utility owners to identify and resolve conflicts. Boeing and franchise utilities will be responsible for modifying their facilities within the project limits. Anticipated efforts include the following: 1. In order to sustain the integrity of Boeing's systems) and ensure that adequate service continues to be provided to Boeing's ongoing operations, Boeing's existing utility system infrastructure may need to be removed, relocated, protected and/or new infrastructure system improvements provided. 2. Coordinate Project Stormwater, Water, and Sewer Utility System(s) and other project infrastructure improvements with existing Boeing and Franchise Utility Systems infrastructure including possible removal, upgrade, abandonment and/or relocation. 3. Work with Boeing and franchise utility purveyors' staff to collaborate and coordinate project utility systems improvements development, analyses and design. 4. Coordination with Boeing, franchise utility purveyors' and others as required to meet design requirements and to assist in securing project approvals. Deliverable(s)/Work Product(s): Coordination of Project Utility (Stormwater, Water and Sewer) System Improvements with Boeing and Franchise Utility Purveyors Utility Systems Assumption(s): Due to the existing "built" surface and subsurface environment and the requirement for new or improved utility system(s) infrastructure, extensive collaboration and coordination will be required with the various franchise utility purveyors and Boeing during development and design of the project. The franchise utility purveyors will be responsible for modifying their facilities within the project limits. Boeing will be responsible for modifying their facilities outside the project limits. OPTIONAL SERVICES Upon written approval by the CITY, WHP will provide engineering services beyond the scope of work identified in tasks. Services may include work for staging Partial Buildout, alternative analysis, regional storm water analysis, project schedule change, and additional rounds of review comments. Such work will be specified in a written supplement to this agreement, which will establish the scope. SCHEDULE Achieving the schedule of completing the legal description scope of work by September 1, 2004 is dependent on receiving information and communication from the CITY and Boeing in a timely manner. 30% plans and estimate for District #1 Road Network will be completed by December 1, 2004. 3/1/04 Page 14 of 14 CADocuments and SettingskdochmMeALocal Settings\T'emp\South Lake Washington Roadway Improvements - 12,5.04-doc NY l Date 3- % ROO COMMUNITY SERVICES COMMITTEE REPORT March 8, 2004 Municipal Arts Commission Appointment (February 23, 2004) The Community Services Committee recommends concurrence in the Mayor's appointment of Linda Middlebrooks to the Municipal Arts Commission for an unexpired three-year term that expires December 31, 2004, replacing Paul Webb who resigned. Toni Nelson, Chair la�, YaAl --- Marcie Palmer, Vice Chair Randy Corman, Member CC: zlvt,- a"_z,,.• communityserv.doc\ Rev 01/04 bh APPROVED By CITY COUNCIL Dam 34-.20011 COMMUNITY SERVICES COMMITTEE REPORT March 8, 2004 Airport Advisory Committee Appointments (March 1, 2004) The Community Services Committee recommends concurrence in the Mayor's appointments of Roger Lewis (unexpired term expires 5/7/06), Jennifer Ann Rutkowski (unexpired term expires 5/7/05), Beverly Freer (unexpired term expires 5/7/05), Colleen Ann Deal (unexpired term expires 5/7/06), and Jeffrey Davis (unexpired term expires 5/7/06) to the Airport Advisory Committee. Toni Nelson, Chair %W� - �jlxtt-, Marcie Palmer, Vice Chair Randy Corman, Member Cc: Gregg Zimmerman Sandra Meyer Ryan Zulauf FINANCE COMMITTEE COMMITTEE REPORT March 8, 2004 APPROVED BY CITY COUNCIL Date 3- �00 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on March 8, 2004, claim vouchers 224457-224813 and 6 wire transfers, totaling $2,750,057.51 , and 569 direct deposits, payroll vouchers 49393-49620, and 1 wire transfer, totaling $1,764,739.60. Denis Law, Vice- hair Toni Nelson, Mem er �1 Don Persson, Substitute Member C: Victoria Runkle TRANSPORTATION (AVIATION) COMMITTEE COMMITTEE REPORT March 8, 2004 Trans -Valley ITS Project (Referred 2/23/04) �'_7771,0VED DY t ,7; COUNCIL Date 3- &?- 01003/ The Trans -Valley ITS Project is a multi -agency, King County led Capital Improvement Project (CIP #400400) along the Trans -Valley corridor for the purpose of designing and constructing the Intelligent Transportation System (ITS) for the corridor. The corridor is defined as starting from SE 184th Street on Petrovitsky Road and following along on SE 176th Street, Carr Road, SW 43rd Street / S 180th Street, and onto SE 180th Street where it ends at Southcenter Parkway. Tukwila, Renton, the State and County own traffic signals and related equipment along the corridor. Additional equipment to be owned by these parties will be provided by the County as part of this project. Renton's match fund share of the project is $50,000 for design and construction of the Project. Renton will provide fiber optic cable between the Renton Traffic Management Center (TMC) and the Trans -Valley ITS corridor. The fiber optic connection is considered an in -kind contribution with a value of $50,000 to the Project and, therefore, fulfills Renton's share requirement. The Interlocal Agreement for design and construction serves to establish agreement that the construction of the Project would optimize the use of existing signals and turn lanes along the corridor, and establishes King County as the lead agency to coordinate the Project. The Transportation/Aviation Committee recommends concurrence in the staff recommendation that Council authorize the Mayor and City Clerk accept the terms and conditions stated within the Interlocal Agreement for Design and Construction of the Trans -Valley ITS Project. The Committee further recommends that the resolution regarding this matter be presented for reading and adoption. )&Q 7J,J Marcie Palmer, Chair L Vandyorman, Vice -Chair Tern Briere Member cc: Karl Hamilton, Connie Brundage H:Trans/Acimin/commreports/2004/Trans-Valley rrS APPP- sl"!) BY Ci` 0 U N C I L Date 3- ,F- a60�1 TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT March 8, 2004 Operating Permit and Agreement with Aero-Tech Avionics, Inc. (Referred March 1, 2004) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve an Operating Permit and Agreement for Aero-Tech Avionics, Inc. to initiate an avionic maintenance and sales shop on the airport. Aero-Tech Avionics, Inc. will be a sublessee of the Boeing Employees Flying Association (BEFA). Marcie Palmer, Chair Randy Corman, Vice Chair Terri Briere, ember cc: Ryan Zulauf Connie Brundage Aero-Tech Avionics.doc\ rev 01/04 bh CITY OF RENTON, WASHINGTON RESOLUTION NO. �68� A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT REGARDING THE TRANS -VALLEY CORRIDOR INTELLIGENT TRAFFIC MANAGEMENT SYSTEM (ITS). WHEREAS, King County has a capital improvement project along the Trans -Valley Corridor, which includes property that is within the City of Renton and the City of Tukwila; and WHEREAS, the construction of the ITS project would optimize the use of existing traffic signals and turn lanes along the corridors; and WHEREAS, it is in the best interest of the parties to establish a lead agency to coordinate the project; and WHEREAS, King County has agreed to be the lead agency for this project; and WHEREAS, it is necessary to detail the terms and responsibilities of the interlocal agreement; 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 an interlocal agreement for the Trans -Valley Corridor Intelligent Traffic Management System. RESOLUTION NO. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1034:2/10/04:ma day of Bonnie I. Walton, City Clerk 2004. day of , 2004. Kathy Keolker-Wheeler, Mayor 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CONTIGUOUS UNINCORPORATED TERRITORY KNOWN AS THE BALES ANNEXATION, BY THE ELECTION METHOD, SETTING THE TAXATION RATE, AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. WHEREAS, after public hearing, the City Council enacted a resolution calling for an annexation by election under RCW 35A.14.015 for an area commonly referred to as the Bales Annexation, which area is the property generally bounded by the south side of NE 41h Street to the north, SE 1301h Street to the south, if extended, the west side of Parcel Number 1423059062, to the east, and the centerline of 152°d Avenue SE, if extended, to the west, legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth; and WHEREAS, said resolution also called for an election on a proposition that the property in the Bales Annexation should be subject to existing bonded indebtedness; and WHEREAS, said resolution also called for an election on the proposition that all property located within the territory to be annexed, excluding street right-of-ways, shall, simultaneous with the annexation, have imposed the City of Renton zoning regulations, with a Comprehensive Plan designation of Residential Low Density (RLD) and a zoning designation of R-5; and WHEREAS, an election was held pursuant to State statute; and WHEREAS, those voting rejected R-5 zoning for the annexation, leaving only RC, R-1, or R-4 zoning consistent with the Comprehensive Plan designation of Residential Low Density ORDINANCE NO. (RLD), and which said zoning will be established after public hearing and by a contemporaneous ordinance; and WHEREAS, R-4 zoning is currently being developed and is therefore unavailable; and WHEREAS, said proposed annexation had been submitted to and approved by the King County Boundary Review Board; and WHEREAS, in the September 16, 2003, election for the Bales Annexation, the assumption of indebtedness was approved by the voters; and WHEREAS, the election results certifying a sufficient majority to permit annexation of the area have been received by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There has been filed with the City Council of the City of Renton, Washington, certified election results indicating a sufficient majority was received approving the Bales Annexation to the City of Renton and such annexation has been approved by the Washington State Boundary Review Board for King County. The City Council finds it to be in the best interest of the citizens of the City of Renton to annex and does hereby annex the territory submitted to the voters as the Bales Annexation situated in King County, Washington, as contiguous, proximate and adjacent to the present corporate limits of the City and as more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference. SECTION II. All property located within the territory to be annexed, excluding street right-of-way, shall contemporaneously with the annexation, have imposed, by separate 2 ORDINANCE NO. ordinance, R-1 zoning consistent with the Comprehensive Plan designation of Residential Low Density (RLD). SECTION III. The territory set forth in this ordinance and for which said election results were certified for annexation should be and is hereby made a part of the City of Renton. The area shall be assessed and taxed at the same rate and on the same basis as property within the City of Renton to pay for all or any portion of the outstanding indebtedness of the City of Renton, which indebtedness has been approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation. SECTION IV. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage, approval, and publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2004. 2004. 9-1 ORDINANCE NO. Date of Publication: ORD.1049:3/4/04:ma Exhibit A BALES ANNEXATION LEGAL DESCRIPTION The Northwest quarter of the Northeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the east 32.45 feet of the north 406.01 feet thereof; EXCEPT that portion for street right of way (NE 4`h Street). Exhibit B NE 4th St Bales Annexation GtiS oz EDNSP ®� 24 October 2003 AN'f � CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION FOR THE BALES ANNEXATION. WHEREAS, after public hearing, the City Council enacted a resolution calling for an annexation by election under RCW 35A.14.015 for an area commonly referred to as the Bales Annexation, which area is the property generally bounded by the south side of NE 4`h Street to the north, SE 1301h Street to the south, if extended, the west side of Parcel Number 1423059062, to the east, and the centerline of 152°d Avenue SE, if extended, to the west, legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth; and WHEREAS, said resolution also called for an election on the proposition that all property located within the territory to be annexed, excluding street right-of-ways, shall, simultaneous with the annexation, have imposed the City of Renton zoning regulations, with a Comprehensive Plan designation of Residential Low Density (RLD) and a zoning designation of R-5; and WHEREAS, an election was held pursuant to State statute; and WHEREAS, those voting rejected R-5 zoning for the annexation, leaving only RC, R-1, or R-4 zoning consistent with the Comprehensive Plan designation of Residential Low Density (RID); and WHEREAS, R-4 zoning is currently being developed and is therefore unavailable; and WHEREAS, said zoning is to be established after public hearing, and contemporaneously with the annexation ordinance; and ORDINANCE NO. WHEREAS, the first public hearing on zoning was held on January 26, 2004, and the second public hearing was held on March 1, 2004; and WHEREAS, the territory will also be annexed on this date by separate ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Zoning for the annexed area known as the Bales Annexation, which is more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference, is hereby designated as R-1, with a Comprehensive Plan designation of Residential Low Density (RLD). SECTION II. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage, approval, and 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: Kathy Keolker-Wheeler, Mayor ila ORDINANCE NO. Lawrence J. Warren, City Attorney Date of Publication: ORD.1092:3/4/04:ma Exhibit A BALES ANNEXATION LEGAL DESCRIPTION The Northwest quarter of the Northeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the east 32.45 feet of the north 406.01 feet thereof; EXCEPT that portion for street right of way (NE 4th Street). *Bales Annexation ti�Y o EDNSP 24 October 2003 AN.rO 1 : 2400 "GOOD NEWS" ANNOUNCEMENTS March 10, 2004 • Students in Renton High School's Physics II class recently placed second in the American Society of Civil Engineers' Bridge Building Competition. Bridges were constructed out of Popsicle sticks, glue and cable. The final product underwent strength testing using a hydraulic load press, applying incremental loads until the bridges shattered. The contest gave students opportunities to witness first-hand some engineering techniques that are used in real -world applications and offered a valuable introduction to structural and transportation engineering opportunities. Congratulations • Campbell Hill Elementary School third -grader Eloisa (e-low-sa) Bautista (baw-tees-ta) recently won the Mark of Distinction award at the 17`" annual Paul Robeson Scholar -Athlete Awards ceremony. The award program recognizes student athletes who earn a 3.0 GPA or higher while participating in athletics. The award is named in honor of Paul Robeson an internationally acclaimed actor and singer and brilliant scholar athlete. Also at the event, Campbell Hill third -grader Brian Shelton stood alone before the crowd of more than 600 to sing a-cappella "Lift Every Voice and Sing." • Dimmitt Middle School student Jasper Walker will represent Renton in the Regional Spelling Bee for King and Snohomish Counties on March 21, at Town Hall, 9`h & Seneca in Seattle. The Spelling Bee is open to the public. • Renton High School's boys basketball team placed fourth in the Class 3A state championship, beating Clarkston 68-60. The team is comprised of more than just good basketball players, they are also excellent students. Six of the players are in advanced Math Analyses class; another two are enrolled in Geometry. Coach Rick Comer places a high premium on academics; ensuring students are as good in the classroom as they are on the basketball court. • Renton High School boys basketball coach Rick Comer has been named Coach of the Year by The Seattle Times. Rick, in his sixth year of coaching, managed the boys team into the state tournament for the past two years, after a 26-year absence. Under Rick's guidance, the team finished the regular season with a record of 23 wins and 2 losses, and placed fourth in the state championships. • About 30 students at Hazen High School are involved in Earth Service Corp, a YMCA -based service -learning program for teens. The program develops leadership skills, offers environmental education and practices, and cross-cultural awareness. This diverse group of Hazen students attend leadership conferences and environmental symposiums, as well as working in the community on clean-up, recycling and replanting projects. A small group of these students will spend part of their Spring Break in Southern California working with Habitat for Humanity and participating in beach clean-ups. • Nelsen Middle School will soon host its annual Nifty Nelsen Night organized by teachers, staff, parents and community members. The night is a chance for the school to celebrate students working hard, attending school regularly and completing assignments. Students who wish to attend must first obtain a ticket from a teacher after reading books in the Accelerated Reader program and testing their reading level. Students can look forward to dancing, cookie baking, arts and crafts, Karaoke, pizza and pop, games, movie, hair and nail treatments, computer lab and an open gym. • African American students involved in Hazen High School's "It's Your Choice, Leadership Development & Training Institute" will soon celebrate their accomplishments at an Achievement Award dinner. Students participating in the leadership training learn financial planning; communication skills; responsibilities and commitments to themselves, their school work and families; and, methods to better their relationships. The program is designed by business owner and former Hazen parent Sheila Houston to empower, engage, encourage, and enlighten youth. • Nelsen Middle School will induct more than 100 students into the National Junior Honor Society on March 30 and 31. Students qualifying for the honor must maintain a minimum 3.5 GPA, and show leadership, scholarship and citizenship qualities. FJ • Art students in Renton High School's Creative and Visual Arts class have been awarded a grant to host an Artist in Residence during the last weeks of March. Artist Mauricio (Mar-e-see-o) Robalino (Rob -a -lino) will work with students creating a collaborative work of art, meet the state's learning requirements in art, and create a mural to be unveiled during a community ceremony on April 5. The grant was provided by The Washington State Arts Commission and matched by the Renton School District and the Renton High School Excellence in Education Fund. • The Reading Buddy program at Dimmitt Middle School continues to be successful in helping middle school students become more responsible while teaching Thomson School preschool students to read. Every month, more than 40 Dimmitt students walk to nearby Thomson to sit down with a preschool student for more than an hour and read a favorite book. • Long-time Renton schools superintendent Gary Kohlwes was recently nominated for the Jefferson Award for helping define the concept of service to the region. The Jefferson Awards were founded in 1972 by Jacqueline Kennedy Onassis and Sen. Robert Taft Jr. to honor individuals for their sacrifice and accomplishments in service. The program started in Washington state in 1977. Although Gary was not one of the few selected for this year's award, he was recognized by the Seattle Post-Intelligencer and the American Institute for Public Service as someone who does extraordinary things for other people, his community, and his nation. • Students at Sierra Heights Elementary School recently participated in a reading challenge, which would allow students who read the most books to wear pajamas to school and be served a pancake breakfast by principal Nanci Davis and parents in the PTA. Students in Sondra Fosness' second - grade class read a total of 171 hours, and Ms. Lindsey Stubrud's fourth - grade class read 207 hours. The entire school read over 250 hours in just three days. For their accomplishments, students also enjoyed Nanci singing Karaoke during lunchtime. • A Language Arts/Social Studies class at McKnight Middle School is celebrating Random Acts of Kindness Week by planning a surprise party with gifts, cards, and a cake to honor Russel McPeak, the school custodian. The students picked him as a model of doing random acts of kindness (beyond his regular job). Also - they showed random acts of kindness by helping out other students "who looked to be having a bad day." Additionally, students wrote letters for Love Letters, Inc. which distributes mail to 1,200 children each week, all across the country. These are children who have terminal illnesses, waiting transplants, or have a debilitating disease. Renton Rotary has selected the March Teachers of the Month. The recipients are: Sue Dunfield, Language Arts teacher and ASB advisor at Hazen High School. She has worked in Renton since 2001. Sue earned her Bachelors degree from Gonzaga University. Nickie Travis teaches sixth -grade at McKnight Middle School. She began working in Renton in 2002. She earned her Bachelors degree in English from University of Washington and her Masters degree in English from Brigham Young University. Diane Wilson teaches kindergarten at Thomson Early Childhood Center. She earned her Bachelors degree in Early Childhood Education from Western State Oregon College of Education. Diane has worked in Renton since 2000.