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HomeMy WebLinkAboutCouncil 10/27/2008 AGENDA RENTON CITY COUNCIL REGULAR MEETING October 27, 2008 Monday,7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: a. Return to Renton Car Show Report b. Mayor's Presentation of 2009 Budget 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 city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130,campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 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 10/20/2008. Council concur. b. Community Services Department recommends adoption of an ordinance increasing golf course green fees and club rental fee for 2009. Refer to Finance Committee. c. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way in the vicinity of Monterey Pl. NE to fulfill a requirement of the Taylor Court Short Nat (SHP-05-082). Council concur. d. Hearing Examiner recommends approval,with conditions,of the Talbot Highlands Preliminary Plat; 11 single-family lots on 2.05 acres located at 16808 and 16816 106th Ave. SE. Council concur. e. Transportation Systems Division recommends approval of an addendum to airport lease LAG- 84-006,with Aerodyne,LLC,to decrease the size of thhe leased area, increase the total ground lease rate per appraisal by$24,905.92 annually through 8/31/2011, and to readjust the rate thereafter using the CPI index. Refer to Transportation(Aviation)Committee. f. Transportation Systems Division recommends approval of the First Amendment to CAG-03-133, agreement with King County,to formalize the exact amount of funding King County will contribute to the Coal Creek Parkway SE(Duvall Ave.NE)Improvements project. Council concur. (See 8.a. for resolution.) (CONTINUED ON REVERSE SIDE) 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers,Medic One Lease at Fire Station#12*; Design Services Contract ,,, with seArch b. Transportation(Aviation)Committee: Capital Improvements Deferrals Cost Contributions*; Kaynan, Inc.Airport Ground Lease Rate Increase; Airport Fuel Flowage Fee Increase* 8. RESOLUTIONS AND ORDINANCES Resolutions: a. First Amendment to agreement with King County re: Coal Creek Parkway SE Improvements project(See 6.f.) b. Lease with King County to house paramedic unit at Fire Station#12 (See 7.a.) Ordinances for first reading: a. Capital Improvements Deferrals Cost Contributions (See 7.b.) b. Airport Fuel Flowage Fee Increase(See 7.b.) Ordinances for second and final reading: a. 2008 Budget amendment for Carr Rd./Panther Creek Emergency Culvert Repair project(1st reading 10/13/2008) b. Boeing Sub-District 1-B revised Planned Action ordinance and amended Conceptual Plan(1st reading 10/13/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Council Chambers 4:30 p.m. Comprehensive Emergency Management Plan; Emerging Issues in Community Services; Rainier Ave. Urban Corridor Draft Design • 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 l 1 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM t CITY OF RENTON COUNCIL AGENDA BILL AI#: e At bf'' ett CSubmitting Data: For Agenda of: October 27, 2008 I Dept/Div/Board Community Services Staff Contact Kelly Beymer x6803 Agenda Status Consent Subject: Public Hearing.. Correspondence.. Proposed golf course fee increases Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $69,430 Total Project Budget City Share Total Project SUMMARY OF ACTION: Community Services proposes raising the 18-hole weekend green fee, 18- hole senior weekday green fee, 9-hole weekday/weekend green fee and club rental fee, in order to cover the costs to provide services. These fee increases have been incorporated into the 2009 budget. STAFF RECOMMENDATION: Authorize increased golf course green fees and club rental fee for 2009. �rrr Rentonnet/agnbill/ bh <SY a �0� COMMUNITY SERVICES DEPARTMENT • MEMORANDUM DATE: October 13, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: t Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Kelly Beymer, Golf Course Manager, x6803 SUBJECT: 2009 Proposed Fee Increases for Golf Course ISSUE: Should the Council approve the proposed 2009 increases to identified golf course green fees and club rental fee? BACKGROUND: The Community Services Department proposes raising the 18-hole weekend green fee, 18-hole senior weekday green fee, 9-hole weekday/weekend green fee, and club rental �,... fee. Fee increases are based upon a competitive market analysis with nearby golf courses. The proposed fee increases were reviewed and supported by Park Commissioners at their regular meeting on September 9th, 2008. All other fees will remain unchanged. The increased fees will provide revenue to continue to provide services and maintain the course and building facility. STAFF RECOMMENDATION: Authorize the increases to the golf course green fees, and club rental fee, for 2009. Enc. cc: Jay Covington, CAO Iwen Wang,F&IS Administrator Leslie Betlach,Parks Director CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY INCREASING CERTAIN GOLF COURSE GREEN FEES AND CLUB RENTAL FEE. WHEREAS, the City of Renton wishes to provide to its citizens the most cost effective services possible; and WHEREAS, the City Council has adopted a policy that the golf course fees shall cover the costs of services; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 5-1-5A, Greens Fees, of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the title to "Green Fees: The cost of golf course green fees shall be as follows," and to read as follows: A. Green Fees: The cost of golf course green fees shall be as follows: 18 Hole / Weekday: $29.00 18 Ilole / Weekend: $35.00 9 Hole/ Weekday: $20.00 9 Hole / Weekend: $20.00 18 Hole / Senior/ Weekday: $20.00 9 Hole / Senior/ Weekday: $15.00 18 Hole/ Junior/ Weekday: $16.00 9 Hole / Junior/ Weekday: $12.00 Club Rental: $15.00 Ned ORDINANCE NO. For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining four days of the week. SECTION II. This ordinance shall become effective April 1, 2009, except that the Club Rental fee shall become effective January 1, 2009. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1 508:1 0/9/08:scr 2 CITY OF RENTON COUNCIL AGENDA BILL 41011.0., AI#: Submitting Data: Department of Community and For Agenda of: October 27, 2008 Economic Development Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. Ordinance City of Renton code for new short plats and the Resolution Taylor Court Short Nat (LUA05-082). Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Hearing Examiner's Report Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for future right-of-way and street improvements is an area approximately 12,654 s.f. accessing off of Monterey Place NE extending west and terminating into a 50' cul-de-sac. This dedication is to comply with City of Renton code for new short plats and the Taylor Court Short Plat(LUA05-082). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2008\Taylor Court SHPL 02m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 334570-0205 Project File#:LUA-05-082 Street Address:8611 1 10TH AVE SE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. Basic Ventures, Inc. 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: LOT 8,BLOCK 4 OF C.D.HILLMANS LAKE WASHINGTON GARDEN OF EDEN TO SEATTLE, DIV.NO.7 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS,PAGE 18,IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD UNDER KING COUNTY RECORDING NUMBER 1626457 ON JUNE 5, 1922; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS FOR UTILITY PURPOSES OVER SOUTH 10.00 FEET OF LOT 7,BLOCK 4,C.D.HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN TO SEATTLE,DIVISION NO.7,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS,PAGE 18,IN KING COUNTY,WASHINGTON. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King, State of Washington IN WITNESS WHEREOF, I have hereunto set my hand and Seal the day and year as written below. Approved and Accepted Bv: ‘11...- Grantor(s): Grantee(s): City of Renton Mayor, Denis Law City Clerk, Bonnie Walton INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: DeedofDedication.DOC Page I "°rrr� INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: DeedofDedication.DOC Page 2 EXHIBIT A DEED OF DEDICATION LEGAL DESCRIPTION A PORTION OF: LOT 8, BLOCK 4 OF C. D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN TO SEATTLE, DIV. NO. 7 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 18, IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD UNDER KING COUNTY RECORDING NUMBER 1626457 ON JUNE 5, 1922; COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE PARCEL AND PROCEEDING ALONG THE EAST LINE SOUTH 20°46'49" EAST 50.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91°41'20" AND AN ARC DISTANCE OF 40.01 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 79.00 FEET, A CENTRAL ANGLE OF 20°55'27" AND AN ARC DISTANCE OF 28.85 FEET; THENCE NORTH 88°10'02" WEST 55.63 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 23°28'08" AND AN ARC DISTANCE OF 10.24 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 275°26'47"AND AN ARC DISTANCE OF 240.37 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 71°58'39" AND AN ARC DISTANCE OF 37.57 FEET; THENCE SOUTH 88°10'02" EAST 14.18 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 121.00 FEET, A CENTRAL ANGLE OF 21°59'21" AND AN ARC DISTANCE OF 46.44 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 66°52'45" AND AN ARC DISTANCE OF 29.18 FEET; THENCE NORTH 1°37'42" EAST 4.98 FEET; THENCE NORTH 20°46'49" WEST 77.84 FEET TO THE TRUE POINT OF BEGINNING. 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Cat, Limits 134000 + piarpw TECHNIcAL folavien 32 T24N R5E E 1/2 t---_, 0-1- December 6, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Joe Pruss Basic Ventures, Inc 18211 240'1' Avenue Se Maple Valley, WA 98038 OWNER: Kenneth R. Taylor 3711 Monterey Place NE Renton, WA 98056 CONTACT: Tom Redding Baima & Holmberg, Inc. 100 Front Street S Issaquah, WA 98027 Taylor Court Short Plat LEA 05-082, SHPL-H LOCATION: 3711 Monterey Place NE SUMMARY OF REQUEST: Hearing Examiner Short Plat approval for a nine (9) lot subdivision of a 1.68-acre site. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on November 17, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the November 22, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, November 22, 2005, at 9:00 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 original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Taylor Court Short Plat File No.: LUA-05-082, SHPL-H December 6, 2005 Page 2 Exhibit No. 3: Preliminary Short Plat Exhibit No. 4: Preliminary Topography, Grading, Drainage, Utility, Tree, and Landscape Plan Exhibit No. 5: Zoning Map Exhibit No. 6: Marshall Short Plat Map The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located off Monterey Place NE, in the northern quadrant of the City, east of I-405 and north of NE 36th Street. There is an existing house on the site, which is proposed to remain. There are some off-site wetlands that are part of a Native Growth Protection Area on the Marshall Short Plat just west of this site. A stream and wetland study was done and the applicant has redesigned the site. The only impact is a required buffer area. The actual wetland is not located on this parcel and so no deduction to any area was required. The applicant requested a reduction in the 50-foot wetland buffer to 37.5 feet, staff approved. The applicant will also be providing a wall to restrict impact to the Native Growth Protection Area. The net density for this site is 6.2 dwelling units per acre, which is within the range for R-8 zoning. Access to the site is proposed off of Monterey Place NE via a new public street terminating into a cul-de-sac. All lots would front this new public cul-de-sac. This site does fall within the Residential Single-Family designation of the Comprehensive Plan and does comply with the policies and objectives of the Comprehensive Plan Land Use and Community Design Elements. The density, lot dimensions and setbacks all comply with the requirements. The existing structure will become new Lot 8, the carport and an additional structure on the site will be removed. The new public right-of-way intersecting with Monterey Place NE will have a radius of 25 feet, exceeding the required 15 feet. The site slopes downward towards the northeast with an average slope of approximately 15 percent. 'There are no critical areas on the site. The site would be cleared of approximately 40 trees in order to grade and fill for the site preparation. A five-foot wide irrigated or drought resistant landscape strip must be installed along the new proposed street. Additionally, a minimum of two trees must be planted in the front yard or planting strip of every lot per City code. Fire, Traffic and Park Mitigation Fees are to be imposed as condition of short plat approval. The site is located within the boundaries of the Renton School District. The School District has indicated that they can accommodate the additional students. A combination detention and water quality control is proposed for this site and will be designed in accordance with the 1990 Stormwater Manual. Water and sewer service would be provided by the Coal Creek Water and Sewer District. The applicant will need to provide a Certificate of both water and sewer availability prior to the issuance of the construction permit and prior to recording the short plat. Taylor Court Short Plat File No.: LUA-05-082, SI-IPL-H December 6, 2005 Page 3 Tom Redding, Baima & Holmberg, Inc., 100 Front Street S., Issaquah, WA 98027 stated that he had nothing to add. The Examiner inquired if he had any information about the water and sewer availability letter. Mr. Redding stated that he did not have his file, but he thought that they did have the letter. Greg Yahn, 3714 Lincoln Court NE, Renton, WA 98056 stated that he lives just west of the proposed site. He stated that he had some concerns with the buffer that is going to be installed and about the number of trees that would be removed as part of the construction of this new development. Discussion continued as to which lots in the proposed development would back on the buffer and that the trees in the buffer area would remain, and which lots would be graded and cleared of all trees for the construction of the new homes. He would hope that as few as possible trees would he removed. Mr. Yahn was also concerned about the runoff as well as the dust and noise levels. Kayren Kittrick, Development Services Division stated that dust, noise and construction is covered very severely in the DOE Manual and must be followed for all erosion control. Nothing is allowed off the site, all erosion control is in place prior to the builder removing anything. The noise ordinance with the City restricts the hours that work may be done. The site uses the 1990 King County Manual due to the fact that the flow does not go into a direct system and the area was not mapped for the 1998 manual. Further, the plat did not go before the ERC and so they fall under the 1990 manual due to being SEPA exempt. Tom Redding, Baima & Holmberg, Inc., 100 Front Street S, Issaquah 98027 stated that the problem with the trees is that they are small lots and there is a lot of grading proposed. The site drops down and the plan is to put a retaining wall along the perimeter, there will be a lot of dirt coming in. The drainage depends on the grading in order to force everything to drain to the detention tank. The site will be raised a maximum of 8-feet. The Examiner called for further testimony regarding this project. 'there was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:45 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: l. The applicant, Tom Redding, filed a request for a 9-lot Short Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #I. 3. The Environmental Review Committee (ERC), the City's responsible official determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. Taylor Court Short Plat File No.: LUA-05-082, SHPL-H December 6, 2005 Page 4 5. The subject site is located at 3711 Monterey Place NE. The subject site is located on the west side of Monterey Place directly east of SE 86th Place cul-de-sac and north of NE 36th Street. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of detached single-family homes, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 4275 enacted in June 1990. 9. The subject site is approximately 1.68 acres or 73,173 square feet in size. The parcel is almost rectangular with Monterey Place cutting at an angle across the northeast corner of the parcel. The subject site is approximately 298 feet deep (east to west) by 254 feet wide. 10. The site slopes downward to the north and northeast and also toward a wetland in the southwest. The slope ranges from 5% to 22% and averages approximately 15%. While no critical areas exist on the subject site, an offsite wetland west of the site would require a buffer that extends onto the subject site. The applicant received administrative approval for a modification to reduce the buffer to 37.5 feet from the required 50 feet. The reduction will be accompanied by buffer enhancement. 11. An existing home would be retained on Proposed Lot 8. Other outbuildings would be removed. 12. The applicant proposes clearing approximately 40 trees varying from 6 inches to 38 inches in order to prepare the site for homes and roadways. 13. The applicant proposes dividing the subject site into nine lots. The nine lots would be arranged around a cul-de-sac road that enters from Monterey Place. The lots would be arranged in a counterclockwise fashion with Proposed Lot 1 in the northeast corner and the remaining eight lots following around the cul-de-sac. 14. The western edge of Proposed Lots 5 and 6 would be preserved as part of the protective wetland buffer for the wetland on the adjacent neighboring westerly parcel. 15. The existing home on what would be Proposed Lot 8 would be closer to the rear lot line than code now requires. Staff found that this is a preexisting condition as that home violates the current standards even if the subject site were not further divided. 16. Due to the overall shape of the parcel and the proposed cul-de-sac road, the lots, in the main, will be trapezoidal fanning out around the cul-de-sac. The lots provide sufficient area for single-family dwellings with the exception noted above with the pre-existing non-conforming status of Proposed Lot 8. 17. As noted, the new plat would be served by a short segment of road that almost immediately widens into a cul-de-sac bulb. All homes would have direct access to this new public street. 18. The applicant proposes grading the property to allow drainage to flow toward the detention system and avoid stormwater issues on the west. The applicant proposes grading the site up to approximately eight feet(8') outside the area of the wetland buffer. Taylor Court Short Plat File No.: LUA-05-082, SHPL-H December 6, 2005 Page 5 19. The density for the plat after subtracting approximately .30 acres for the public roadway would be 6.52 units per acre. 20. The subject site is located within the Renton School District. The project is expected to generate approximately 4 school age children (.44 students per home). The students would be spread across the grades and would be assigned on a space available basis. 21. The development will increase traffic approximately 10 trips per unit or approximately 90 trips for the 9 single-family homes. Approximately ten percent of the trips, or approximately 9 additional peak hour trips will be generated in the morning and evening. 22. The subject site is located in the Gypsy Creek drainage basin. Stormwater flows mainly north and northeast across the site although there is a wetland area located west of the subject site. The drainage report indicated a 30% safety factor over the values in the 1990 King County Stormwater manual. Staff further recommended compliance with the Department of Ecology's Manual to control erosion. 23. The site will receive both sewer and water service from the Coal Creek Water and Sewer District. 24. The City has adopted mitigation fees for transportation improvements, fire services and parks and recreational needs based on an analysis of the needs and costs. These fees are applied to new development to help offset the impacts new homes and residents have on the existing community and the additional demand for services. CONCLUSIONS: 1. The proposed short plat appears to serve the public use and interest. It provides additional housing choices. It provides urban lots in a growing region and it respects the sensitive character of the area by providing a buffer from the adjacent wetlands. 2. The development appears to provide reasonable lots. While the lots are not perfectly rectangular they do provide relatively straight property lines, which work around the shape of the parcel and the cul-de- sac roadway. 3. Proposed Lot 8 does present problems with respect to its non-conforming rear yard. The non- conforming nature of the rear yard does create problems since the division of property should not create nor tolerate non-conformity and any non-conforming structure should be made conforming. While the non-conformity does not raise any life safety issues code still suggests that non-conforming uses be converted to conforming uses. The home will have to be altered to provide a conforming rear yard. 4. New plats are required, by State regulations, to make provision for the impacts of its new homes and future residents. The new homes proposed for this plat should not overtax the City's infrastructure but the applicant should help accommodate new residents and their demand for services by paying the appropriate fees for parks, fire and transportation. 5. Again, it appears that this infill development will create new single-family lots in an area where urban services are available. The development will add to the tax base of the City. DECISION: The Short Plat is approved subject to the following conditions: • Taylor Court Short Plat File No.: LUA-05-082, SHPL-H December 6, 2005 Page 6 1. The home on Proposed Lot 8 shall be altered to provide a conforming rear yard. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for the existing garage and accessory building located on the property prior to the recording of the final short plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. 3. The applicant shall pay the appropriate Transportation Mitigation Fee equal to $75.00 for each new daily trip associated with the project. Credit given for one existing residence. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 4. The applicant shall pay the appropriate Fire Mitigation Fee equal to $488.00 per new single- family residence. Credit given for one existing residence. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee equal to $530.76 per new single- family lot. Credit given for one existing residence. The fee shall be paid prior to the recording of the short plat. 6. The short plat shall be required to comply with the Department of Ecology's (DOE) erosion and sediment control requirements in Volume II of the 2001 Stormwater Management Manual. 7. A maintenance agreement or homeowner's association shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for all shared improvements, including utility easements, storm drainage facilities, and common landscaping areas. The agreement shall be placed on the face of the final short plat. 8. The establishment of Native Growth Protection Areas containing the areas determined to be required buffer in accordance to the city code. A note shall be placed on the face of the plat designating the area, as Native Growth Protection Area and signs posted along the wall to be constructed on Lots 5 and 6 indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division. ORDERED THIS 6`1' day of December 2005 t FRED J. KAUF AN HEARING EXAMINER TRANSMITTED THIS 611i day of December to the parties of record: Nancy Weil Kayren Kittrick Joe Pruss 1055 S Grady Way 1055 S Grady Way Basic Ventures, Inc Renton, WA 98055 Renton, WA 98055 18211 240`h Avenue SE Maple Valley, WA 98038 Taylor Court Short Plat File No.: LUA-05-082, SHPL-H December 6, 2005 Page 7 Tom Redding Kenneth R. Taylor Greg Yahn Baima& Holmberg, Inc. 3711 Monterey Place NE 3714 Lincoln Court NE 100 Front Street S Renton, WA 98056 Renton, WA 98056 Issaquah, WA 98027 TRANSMITTED THIS 6`h day of December 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., December 20,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., December 20, 2005. 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. 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Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Talbot Highlands Preliminary Plat Ordinance File No. LUA-08-041, PP, ECF Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation and Study Sessions Zoning Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The hearing was held on June 17, 2008. The Hearing Examiner's Report and Recommendation on the Talbot Highlands Preliminary Plan was published on July 8, 2008. A Request for Reconsideration was received from Staff on August 25, 2008 and the response to the Request was issued on August 28, 2008. On October 10, 2008 a letter from Staff was received with a revised plat plan, on October 16, 2008 the Hearing Examiner recommended that the plan be forwarded to City Council for approval. STAFF RECOMMENDATION: Approve the Talbot Highlands Preliminary Plan as outlined in the Revised Plat Plan Rentonnet/agnbill/ bh July 8, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Russ Hibbard R. W. Puget Sound Holdings, LLC 2011 S 341st Place Federal Way, WA 98003 OWNERS: Margaret A. Veberes 16808 106t Ave SE Renton, WA 98055 Janice M. Sharp 16816 106`h Ave SE Renton, WA 98055 CONTACT: Kevin Flynn Duncanson Company, Inc. 145 SW 155th Street, Ste. 102 Seattle, WA 98166 Talbot Highlands Preliminary Plat File No.: LUA 08-041, PP, ECF LOCATION: 16808 and 16816 106th Ave SE SUMMARY OF REQUEST: Approval for subdivision of two existing parcels totaling 84,284 square feet into 12 lots for the future construction of single-family residences. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on June 10, 2008. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the June 17, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, June 17, 2008, at 8:59 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 2 Ned The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Zoning Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary Plat Plan Exhibit No. 4: Tree Retention/Conceptual Landscape Plan Exhibit No. 5: Utility/Grading Plan/Drainage Exhibit No. 6: Aerial Photo Exhibit No. 7: Parcel Map of General Vicinity, King Exhibit No. 8: Palmer Statement County The hearing opened with a presentation of the staff report by Rocale Timmons, Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located approximately 900 feet south of Benson Road South and 106th Avenue SE intersection. The site is also within the R-8 zoning designation and within the Residential Single-Family (RSF) Comprehensive Plan Designation. The proposal does comply with all the goals and policies established within the designation except for the policy that states streets and pedestrian paths should be interconnected in order to serve local traffic and facilitates pedestrian circulation. The applicant has proposed a 12-lot preliminary plat on two legal lots totaling 1.93 acres. The project has a proposed net density of 7.78 dwelling units per net acre. All existing buildings are proposed to be removed. All future lots meet the size designation requirements for detached single-family dwellings in the R-8 zone. 4400 All access will be off a public street with separate driveways. Staff has approved a modification to allow a 42- foot right-of-way for the new public streets. The site is vegetated with 99 trees, 15% are proposed to remain.The site slopes down from the northeast to the southwest, the slope is approximately 4% except for the northeast corner of the site where the slopes range up to 13%. There are no critical areas on site. Environmental Review Committee issued a Determination of Non-Significance—Mitigated with 7 mitigation measures. No appeals were filed. There is a partially improved right-of-way along 106th Avenue SE,Lots 1 —3 would gain access from that street. Proposed access for Lot 4— 12 would be provided via a new internal public dead-end street, 106th Place SE, which is connected by an internal access road, SE 168`h Place. As proposed, 106th Place SE would dead end approximately 55-feet short of the north property line. It has been determined that connectivity could be achieved in the future if the proposed internal street were to be extended all the way to the north and south property lines. There are no environmental or topographical constraints to preclude the applicant from extending the proposed street. As a result of that extension the amount of right-of- way to be dedicated to the City would increase by approximately 2300 square feet, totaling about 19,380 square feet of right-of-way dedication. The recalculation of the net square footage and the density for the proposal would be necessary, the allowed density is a minimum of 4 to 8 dwelling units. After deducting the revised right-of-way the density would arrive at a new net density of 8.05 dwelling units per net acre, which is not within the density range for the R-8 zone. The applicant must submit a revised plat plan meeting the density requirements for the R-8 zone as well as extending the internal street to both the north and south property lines. Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 3 All new lots would meet the minimum lot size for the R-8 zone as proposed,however, with the change, Lot 4 would no longer meet the minimum requirements. All lots as proposed appear to meet all setback requirements. Lots 1-3 would be oriented west,proposed Lots 8-12 would be oriented to the west, Lots 4-7 would be oriented to the east. Thirteen of the trees on site are located in the proposed right-of-way, as well as 13 Cottonwood trees, which would all be excluded from the retention rate. After calculations, 22 trees would be required to be retained. A tree inventory submitted by the applicant indicates that 15 trees would be retained. Staff has conditioned that the applicant retain an arborist to determine whether the trees proposed to be retained are healthy and have a good probability for survival. The replacement factor will have to be recalculated after the report is received from the arborist. Street trees may be used to achieve some of the replacement requirements. The landscape plan indicates installation of five feet of landscaping along 106th Avenue SE. A revised landscape plan has been requested due to the suggestion of different trees to be used along 106th Avenue SE. The staff further asked the applicant to provide an alleyway west of Lots 4-7, which also would require a revised preliminary plat plan. Currently runoff on the site drains to the southwest corner and flows along a ditch on the western side of 106th Avenue SE approximately 1000 lineal feet and is then collected by a catch basin at the intersection of 106th Avenue SE and SE 172nd Street and eventually to Benson Drive S. A detention facility is required for this proposal. The applicant intends to use a combined detention/wet vault located in proposed drainage Tract A. The applicant has been required to submit a revised water detention and water quality design per the 2005 King County Surface Water Design Manual. Traffic, Fire and Park Mitigation Fees have been imposed by the Environmental Review Committee. The Renton School District has stated that they can accommodate the additional students generated by this proposal. The site is located within the Soos Creek Water and Sewer district. Harold Duncanson, stated that they are the engineering and surveying company working for the applicant. Sewer is available to the south, not directly in front of the site,but available on SE 172"d Street and it is the intention to extend the sewer up 106th Avenue SE. They do have the sewer and water availability certificates from Soos Creek. They disagreed with the internal circulation for the project. A map was presented that showed the tax parcels along 106th Avenue SE. Looking at the zone density and the parcels in the area,he estimated approximately 90 dwelling units could be developed on both sides of 106th Avenue SE. That number of lots is well within a sub- access standard,which states that an R-8 zone could serve up to 250 lots. There does not appear to be a need for 106th Place SE to run parallel to 106th Avenue SE when they are so close together. The Examiner questioned how access would be gained to the interior of the parcels located between 108th and 106`''? Mr. Duncanson stated that the lots located to the east side of this parcel are zoned R-14, which might lend itself ,.. to townhouses or condo-type development. It may become more a pattern of driveways and parking lots as opposed to streets. Further to the south, subdivision has already taken place. • Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 4 The internal road serves as a hammerhead,it is less than 150 feet from the intersection at the end of the road and as such meets Fire Department access. The parcel to the south has limited potential for connectivity,however to the north there are larger parcels that are better laid out. This project would take quite a hit by having to provide the east/west connectivity and then north/south connectivity to both parcels to the north and south. Lot 8 would have 4,500 square feet if the road was dedicated, Lot 4 would have 4,517 square feet,both parcels would still have adequate square footage but with that right-of-way dedication they would be over density. The problem with the alley, it does not have to be taken out of the parcel size from a density standpoint, but that would make all the lots connected to it too small. They would end up with 3 north-south connecting roads with only seven or eight lots. They would like to request that the plan remain as proposed. Daniel Palmer, 16638 106th SE, Renton 98055 stated that he lives on the property to the north of this project. Some of his concerns are related to the neighborhood layout and landscaping and the impact this neighborhood will have on the property owners in the area. Height of the proposed homes are a concern and they hope that the homes on Lots 1, 4, and 8 would be one-story. The Examiner stated that style, height and general layout for the homes are not dictated in a single-family development. The City could recommend or impose that a fence could be built between properties to serve as a buffer of sorts. The houses have a 5-foot required setback from the property line. Mr. Palmer continued that he was also concerned about global warming and building green. He is also concerned about the use of diesel machinery, toxic sprays,paint over-spray and all the destruction and construction that will be going on at the site. Ms. Timmons stated that a wetland study done on April 7, 2008 shows no regulated wetlands on site. Mr.Palmer stated that the land is very wet and there are many animals that pass through that area. As well as safety for the wildlife, he was also concerned for the trees. The Examiner explained that developers are required to retain a percentage of trees and those that must be removed within that percentage are then required to be replaced with smaller trees. Mr. Palmer continued that he hoped that trees that do not need to be sacrificed would not be and that care would be taken to retain as many trees as possible. He would also like to see as much foliage as possible be retained between the property lines. He was further concerned with noise and was told that there are restricted hours in which construction can take place. Ms. Timmons stated that construction hours are limited to Monday through Friday 7:00 am to 8:00 pm, Saturday 9:00 am and 8:00 pm and no work on Sunday. Margaret Veberes, 16808 106`h Ave SE, Renton 98055 stated that she was one of the owners of the subject property,the northern lot. The drainage ditch that is located on the eastern side of 106th and borders her property, takes the drainage off of Benson. She also owns the forest that Mr.Palmer mentioned, they developed and built that forest. She wanted it on the record that as one ages and taking care of a large parcel of land, it becomes impossible and that is one reason they chose to put their land up for sale. Delores Palmer, 16638 106th SE, Renton 98055 stated that she is concerned about the sewers, are they going to be put in and how far they would come up the road. Would streetlights be only within the confines of the new Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 5 development or how far would they extend? What is meant by the term"right-of-way"? Speed limits were further discussed and it was determined that the police department would have control of that. The Examiner stated that they generally extend sewers to the property line, to the Palmers' south property line. As to streetlights, the developer is only responsible for his property. A right-of-way is all of the roads surrounding the property, they would have to be widened, curb, gutter and sidewalks installed even if they do not exist anywhere else on the road. Slowly the sidewalk would be extended along 106`h north and south as property develops. Kayren Kittrick, Development Services stated that within a plat a 42-foot right-of-way is dedicated, this plat will be 32-feet of pavement with five foot sidewalks on either side. On 106t the final width has not actually been determined, they will be required to install sidewalks, curbs and gutters. They will take into account that the drainage ditch is, in fact, on that side and that will have to be accommodated or maintained. Soos Creek sewer line will go to the property line, if Palmers wish to extend to their property, they need to contact Soos Creek directly, they also will need a permit from the City should they decide to connect to the sewer. There are no water maps from Soos Creek as yet, since the water availability letter has been issued, it stands to reason that water is at least within striking distance, they will have to do an extension interiorly. Fire hydrants will be required. Streetlights are by candle-foot, not distance but light levels determine where the lights are placed. Shielding and other considerations are allowed. As far as street grid systems, an east/west connection of 168th Place is the cost of being first to do construction in this area. City code requires that these connections are made, they would have to prove why the connection could "not"be made. The pavement does not have to go all the way to the boundary lines,but signage would need to be placed stating that this street may go through some day. In regard to alleyways, they are encouraged where feasible. City staff must prove that an alley cannot be located in a particular location and that it is "not feasible". In this particular instance there may be enough reasons that an alley is not feasible, it shrinks the lot size, shrinks the amount of vegetation and increases the impervious surface for a few. The surface and storm water vault was designed to the 1999 Manual and should have been to the 2005 Manual. The changes were fairly insignificant and could be well contained in the proposed context. It might be a slightly larger vault, but other than that it is okay. Speed limits will be set for the construction crews, enforcement will be aware of what is going on and will maintain a presence to ensure that all laws are enforced. Contact phone numbers can be provided to neighbors so the inspectors can be reached directly for complaints. Mr. Duncanson stated that the Environmental Review answered many of Mr. Palmer's questions. The City has Green standards that must be followed. Ms. Timmons stated that this project did go through Environmental Review and all environmental concerns related to the project were covered. The building standards will be reviewed at the permit stage for each individual building lot and those decisions may be appealed, they have a 14-day appeal period once the approval for building permits are issued. Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 6 Marilyn Ragle, 16805 106th Avenue SE,Renton 98055 asked when the Hearing Examiner recommendations from this hearing would be available. The Examiner stated that normally they are issued about two weeks from the date of the hearing, anybody who has testified or attended the hearing(if they so desire)will receive a copy of the decision. The decision is a recommendation to the City Council,they take a formal action, if there were no objections they would approve the plat as recommended by the Examiner, if there were an appeal the Council would make a determination. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:47 a.m. FINDINGS,CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Russ Hibbard, filed a request for a 12-lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official issued a Determination of Non-Significance -Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 16808 and 16816 106th Avenue SE. These properties are in a newly annexed area of the City and the addressing has been retained from the King County system. The subject site is on the east side of 106th Avenue SE a block or two south of Benson Road S. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of detached single-family uses,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single-Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March 2008. 9. The subject site actually consists of two separate parcels that would be re-divided if the plat were approved. The subject site is approximately 1.93 acres or 84,284 square feet. The subject site is approximately square at 299 feet by 281 feet. 10. The subject site slopes down approximately 15 feet from the northeast to the southwest with overall grades of approximately 4 percent. 11. There are no critical areas on the subject site. Two existing residences would be removed if this new plat were approved. 12. The tree survey indicated approximately 99 trees on the site and the applicant proposed retaining Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 7 approximately 15 percent. Code requires 30 percent retention or replacement. Staff recommended that the applicant contract with a certified arborist to help select trees for retention. 13. The applicant proposes dividing the subject site into twelve(12) lots along with one drainage tract to contain stormwater. The lots and tract would be aligned along two new roads forming a T-intersection in the middle of the plat. A new road,proposed SE 168th Place, would run to the east from 106th Avenue SE. Southeast 168th Place would then intersect with a new north-south roadway, proposed 106th Place SE. Proposed Lots 1 to 3 and the drainage tract,Tract A, would front along SE 106th Avenue. Proposed Lots 6 and 7, as corner lots, could front on either SE 168th Place or 106`h Place SE. 14. Access would be via the roads noted above. A modification has been granted to allow roads that have a 42-foot right-of-way. 15. Staff noted that the applicant proposed creating a deadend at the north end of the new 106th Place SE. Staff recommended that this street continue to the property line for eventual extension to the north to meet the City's street grid policies enunciated in Policy T-9 calling for interconnected streets and pedestrian facilities. Staff determined that there are no environmental or topographical constraints on extending the street to the north. The applicant did not believe an internal street needed to continue to the property line. 16. The extension of the street would remove approximately 2,310 square feet from the property and alter the density calculations for the proposed plat. The original proposal would have had 17,078 square feet dedicated for right-of-way resulting in a density of 7.78 units per acre. As proposed by staff, the right- of-way would now be 19,388 square feet creating a density of 8.05 units per acre,which exceeds the 8 units permitted by code. Staff recommended that the plat be reduced to an eleven(11)-lot plat. Eleven lots would result in a density of 7.39 units per acre, which meets code requirements. 19. Staff noted that RMC 4-7-150(E)(5) (Alley Access: Alley access is the preferred street pattern. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible.) suggests alley access is the preferred street pattern and recommended that a north-south alley run along the west side of Proposed Lots 4, 5, 6 and 7 between and parallel to 106th Avenue SE and 106 Place SE. An alley in that location would require the reduction in lot size including potentially the detention tract and potentially a reduction in the number of lots. It would create more impermeable surfaces, which could require a larger rather than smaller detention tract. 20. The subject site is located within the Renton School District. The project is expected to generate approximately 6 school age children. These students would be spread across the grades and would be assigned on a space available basis. 21. The development will generate approximately 10 traffic trips per unit or approximately 90 to 100 new trips for the 9 or 10 new single family homes. Approximately ten percent of the trips, or approximately 10 additional peak hour trips will be generated in the morning and evening. 22. Stormwater naturally flows toward and off the southwest corner of the subject site. It enters a ditch system, flows across vacant property and then into a system along Benson Road. A drainage report indicated that peak flows for a 100-year storm would exceed standards and that impervious surface increases require compliance with the 2005 King County Manual. Drainage Tract A will hold and treat water before it is released. In addition,the ERC required a revised analysis prior to utility construction. Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 8 ,40000 23. Both sewer and water will be provided by the Soos Creek District. All connections and flows will be required to meet City standards. The applicant indicated that Certificates of Availability were submitted. 24. A number of issues were raised regarding the styling, colors, size and setbacks for the potential new homes. Other than the normal limits on heights, the mandated yard setbacks and other code constraints, there are no regulations governing such features. Other issues raised were the use of chemicals like fertilizers,pesticides and herbicides. Other than normal precautions on how these items are applied, the City does not regulate such uses on single-family lots. 25. The neighbor to the north still maintains a rural lifestyle including some farming. That owner was concerned about trespass and privacy. CONCLUSIONS: l. The proposal to re-divide two lots and create additional building lots for detached single-family uses is appropriate and meets the public use and interest. Creating additional lots for detached housing meets the City's single-family goals as well as the goals of housing a larger population in an area where services can be provided. 2. As proposed though, the plat does not meet the goals and policies of the City in regards to what is generally termed a grid street system. The proposal fails to extend the new roadway, 106th Place SE to the northern boundary of the property, thereby thwarting the City's goals of creating linked vehicular and pedestrian routes. While such an extension will reduce the overall density of the plat by one lot (from 12 to 11 lots) the creation of a through street is an appropriate tradeoff. It will be able to provide access to interior parcels that may ultimately be developed without creating a new series of frowned upon cul-de-sac or deadend roadways. The extension will provide another access route into the plat by emergency services vehicles. It will also provide a corridor for the future extension of utility lines to the north. Therefore, the applicant shall extend this roadway to the northern boundary of the subject site. Since this roadway at both its north and south ends will not necessarily be extended immediately, signs should be placed at both ends that inform future residents that a through-street is anticipated to apprise them that additional traffic may occur on these roads in the future. 3. Another access issue is whether or not this plat should have an alley to provide access to the rear or west of Proposed Lots 1, 2 and 3 and to the rear or east of Proposed Lots 4 to 7. It does not seem feasible to create such an alley in this location. Not only will creating an alley create additional impermeable surface but it will require additional stormwater detention and treatment. The extension of the alley to the south could also reduce the size of the area available for Tract A, the detention pond. The use of an alley would also shrink the lots or reduce open space and landscaping or eliminate some lots further reducing the density of the plat and thereby reduce the plat's ability to meet the City's housing goals. In addition, a reasonable tradeoff in this case is the required extension of 106th Place SE to the north providing, ultimately, another route to and from the plat for both residents and emergency services. Providing this future loop or grid pattern will help alleviate a need for alley access. 4. The proposed plat will increase the tax base of the City and thereby offset some of the impacts on the new development on the existing community. The payment of the mitigation fees required by the ERC will also help offset impacts to transportation, parks and emergency services. 5. It appears that the plat will have access to urban services such as domestic water and sewer and has made provision to handle its stormwater component. The applicant will have to create a Homeowners Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 9 Association to maintain common features of the plat such as the stormwater system. 6. The plat will have to meet the City's tree preservation requirements as well as its landscaping requirements for new plats just as it will have to provide the appropriate curbs, gutters and sidewalks as well as street lighting along its roadways. 7. Obviously, the redevelopment of these two somewhat larger lots into several smaller lots in this area with older, larger lots will create additional hubbub. The change will be noticeable. There will be more people and more cars and less open space. These impacts were anticipated when the area was annexed and when both the Comprehensive Plan was adopted and site's zoning was applied. At the same time, the proposal is for detached single-family homes and such development, after the initial construction phase, should not create untoward impacts on adjacent uses. One has to hope that future residents are courteous and neighborly. 8. The neighboring,rural use property to the north should be appropriately protected by the installation of a fence along the north boundary of the subject site. The fence should be appropriate to separate and screen the disparate uses. The fence shall be a permanent installation with a section in the vicinity of the 106th Place roadway that can be removed in the future. 9. In conclusion, the concept of re-dividing the subject site to support additional housing choices is appropriate but the plat must be modified to meet the City's goals and objectives in teiins of both density and access. An eleven-lot plat appears to meet both goals whereas the originally proposed twelve-lot plat did not meet the requirements. RECOMMENDATION: The City Council should approve an eleven(11)-lot plat subject to the following conditions: 1. The applicant shall meet the conditions imposed by the ERC. 2. The applicant shall install a fence along the north boundary of the subject site and such fence shall be appropriate to separate and screen the disparate uses. The fence shall be a permanent installation with a section in the vicinity of the 106th Place roadway that can be removed in the future. 3. The applicant shall obtain a demolition permit and complete all required inspections for all buildings located on the property prior to the recording of the final plat. 4. The applicant shall employ an arborist, to determine if the trees proposed for retention are healthy and have a good probability for survival, specifically the cottonwood trees. A report shall be submitted to the Current Planning Project Manager for review and approval prior to utility construction permit approval. If there are any changes to the tree retention plan the applicant shall also submit a revised tree retention plan prior to utility construction approval as well as proposed mitigation, in the amount of 12-inches of new tree caliper, for any additional tree that could not be retained. 5. The applicant shall submit a revised detailed landscape plan by a certified landscape architect or Now., other landscape professional to the Current Planning Project Manager prior to the approval of utility construction permits. The revised landscape plan should include; the elimination of Red Sunset Maples, appropriate vegetation for street trees, and the additional replacement trees, if Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 10 necessary, to mitigate for protected trees not retained. 6. The applicant shall extend the proposed internal street, 106th Place SE, to the north property line to allow for future street connectivity. 7. The applicant shall submit a revised preliminary plat plan that meets the density requirements of the R-8 zone along with the depiction of the proposed internal street, 106th Place SE, to be extended to the north property line. The revised Preliminary Plat shall be submitted to and approved by the Current Planning Project Manager prior to the approval of utility construction permits. 8. A Homeowner's Association or Maintenance Agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for shared roadway, stormwater and utility improvements. A draft of the document(s) shall be submitted to the City of Renton Planning Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. 9. The applicant shall obtain a Certificate of Water and Sewer Availability from the Soos Creek Water and Sewer District prior to the approval of any utility construction permits. ORDERED THIS 8th day of July 2008. FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 8th day of July 2008 to the parties of record: Rocale Timmons Margaret A. Veberes Janice M. Sharp Development Services 16808 106th Ave SE 16816 106th Ave SE Renton, WA 98057 Renton, WA 98055 Renton, WA 98055 Kevin Flynn Harold Duncanson Russ Hibbard Ducanson Company, Inc Ducanson Company, Inc R. W. Puget Sound Holdings, LLC 145 SW 155th Street, Ste. 102 145 SW 155th Street, Ste. 102 2011 S 341st Place Seattle, WA 98166 Seattle, WA 98166 Federal Way, WA 98003 Daniel Palmer Delores Palmer Kayren Kittrick 16638 106th Ave SE 16638 106th Ave SE Development Services Renton, WA 98055 Renton,WA 98055 Renton, WA 98057 Marilyn Ragle 16805 106th Avenue SE Renton, WA 98055 Talbot Highlands Preliminary Plat File No.: LUA-08-041, PP, ECF July 8, 2008 Page 11 TRANSMITTED THIS 86 day of July 2008 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman,PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,July 22, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,July 22, 2008. 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. Project Location: 16808 & 16816 106`I'Ave SE IE, .. �� � ' x '' SITF �_ ,,, '5; .....w....,,,... t...k), r Ki--4.--,...%,::1,1:fi,,,T-,-,.,-c-..if - M; :- -Ai . Y xx Project Location Map G4 - 20 TZ3N R5E W 1/2 K—d I - C_./ �J � A ',� `�RM-F Rg St:` . i S R-8>. - R-8 \ RM-F R-8 R8. ' , `mow, ,- RM-F - __ RM-F S 25th St: _R 8 R-8.. _ R—8 R-8 '� .,`:, R-8__ - S 27th St. - � \\,...:: . ,R $ t �•; I � o R-8 # R=8 d to SE 166th `\ � — ' # 4 I I' r 1 I , w R 8 IJ R-78 be t f f -S 31 st St J \ \ . jfrn = F i en fw ii z . E • � L. H _ S 32xid ; Pl� ._ � ` Q-; !�. �-� ..,. M 32nd Pl (� �" �' t { tom Ef6 wi _ l-zi el .,R-8 �I1 , � x .St. f Eo 1 S` 32nd St. . 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Transportation Systems Division October 27, 2008 Staff Contact Ryan Zulauf, Airport Manager Agenda Status (Ext. 7471) Consent X Subject: Public Hearing.. Correspondence.. Aerodyne LLC Ground Lease Rate Increase Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Addendum to LAG 006-84 Information Recommended Action: Approvals: Legal Dept X Refer to Transportation (Aviation) Committee Finance Dept Other Human Resources/Risk Mgmt X Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $24,905.92 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This lease addendum contains three separate issues, two of which require Council approval. The three issues are: 1. A lease rate increase to $0.57 per square foot per year. 2. A change to the size of the leased area from 86,521 square feet to 83,664 square feet. 3. The abolishment of the "unimproved rate" that was historically applied to a portion of the Aerodyne LLC leased area. Aerodyne LLC leases approximately 83,694 square feet of ground space at the Airport. Its lease expires in 2016, and allows for a lease rate adjustment every three years (August 31, 2008, through August 31, 2011), using a means other than the Consumer Price Index-Urban. In 2007, Allen Brackett Shedd determined that the fair market lease rate for the Airport was $0.57 per square foot per year, for all leased areas. They also determined that a small portion of Aerodyne LLC's leased area located outside of the perimeter fence be set at $0.38 per square foot per year. Aerodyne LLC's annual ground lease payment to the City will now be $46,568.62, not including the state leasehold excise tax. STAFF RECOMMENDATION: 1. Approve a lease rate increase using a recent market appraisal. 2. Approve a change in the size of the leased area for Aerodyne LLC. 3. Authorize the Mayor and City Clerk to sign the addendum to Aerodyne LLC's lease LAG 006-84. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda bill-Aerodyne Lease Rate Increase\Ag Bill-market appraisal increase.doc ti`SY o PUBLIC WORKS DEPARTMENT ' MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmermar4' ministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(extension 7471) SUBJECT: Aerodyne LLC Ground Lease Rate Increase ISSUE: Should Council approve an increase in the ground lease rate using a recent market appraisal and approve a change in the size of the leased area for Aerodyne LLC, and authorize the Mayor and City Clerk to sign an addendum to Aerodyne LLC's lease LAG 006-84? RECOMMENDATION: 1. Approve a lease rate increase using a recent market appraisal. 2. Approve a change in the size of the leased area for Aerodyne LLC. 3. Authorize the Mayor and City Clerk to sign the addendum to Aerodyne LLC's lease LAG 006-84. BACKGROUND SUMMARY: This lease addendum contains three separate issues, two of which require Council approval. The three issues are: 1. A lease rate increase to $0.57 per square foot per year. 2. A change to the size of the leased area from 86,521 square feet to 83,694 square feet. 3. The abolishment of the "unimproved rate"that was historically applied to a portion of the Aerodyne LLC leased area. In June 2007, the Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of the Airport ground rate charged for aviation property. Marcie Palmer,Council President Members of the Renton City Council Page 2 of 3 October 27,2008 The result was a suggested increase in the ground lease rate to a fair market value of $0.57 for all ground leases on the Airport. Addendum 12-06, to Aerodyne LLC's lease LAG 006-84, states that, "either party shall, if they desire to adjust the base land rental rate for the ensuing three year period by a means other than the Consumer Price Index-Urban,provide to the other party a written request for readjustment of the rental rate..." On February 26, 2008, Aerodyne LLC was notified by certified letter that the lease rate would be re-adjusted using a means other than the Consumer Price Index-Urban during the next re-adjustment period, effective August 31, 2008. The second issue addressed in this lease addendum was the change in the size of the Aerodyne LLC leased area. The Airport Entrance Rehabilitation Project and the installation of the monument for Clayton Scott (completed in 2006), was partially built on the Aerodyne LLC leased area. Early in the design phase of the project it was recognized that placement of the monument would reduce the size of the Aerodyne LLC parking lot and a portion of one concrete wall would slightly reduce the Aerodyne LLC leased area. To replace some of the parking lost to construction, additional parking was constructed on the east side of the southern entrance to the Airport. The intent was that the additional parking stalls would be leased to Aerodyne LLC to partially replace the stalls lost to the project. Once the Airport Entrance Rehabilitation Project was finished, a new partial survey of the Aerodyne LLC leased area was completed. The survey completed after the monument was installed concluded that the Aerodyne LLC leased area was approximately 77,710 square feet of ground space inside the perimeter fence, and that the two non-contiguous parking lots were approximately 5,984 square feet. The third issue addressed in the lease addendum is the abolishment of the unimproved rate for a portion of the Aerodyne LLC leased area. Historically,the City had charged Aerodyne LLC an"un-improved rate" for a portion of its leased area inside the perimeter fence and the original parking lot. Since the unimproved rate charged on a portion of the long-term lease held by Aerodyne LLC was unique to Aerodyne LLC, an additional market appraisal was needed. An appraisal was conducted by Allen Brackett Shedd to assess whether there was any market justification for this unimproved rate on the Aerodyne LLC leased area. The appraisal concluded there was no justification for applying the unimproved rate on a portion of the Aerodyne LLC leased area that was inside the perimeter fence and that this leased area should also be leased at the 2007 appraised rate of$0.57 per square foot per year. The appraisal also recommended that since the two parking areas outside the perimeter fence had reduced marketability, the City should consider leasing that ground at one-half of the existing ground rate, or $0.38 per square foot per year. 1404 H:\File Sys\AIR-Airport.Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda bill-Aerodyne Lease Rate Increase\Issue Paper-market appraisal increase.doc Marcie Palmer,Council President Members of the Renton City Council Page 3 of 3 October 27, 2008 Aerodyne LLC's ground lease rate will be increased from $0.35 to $0.57 per square foot per year for the 77,710 square feet of leased area inside the perimeter fence, and increased from $0.17 to $0.38 per square foot per year for the 5,984 square feet for the two parking lots outside the perimeter fence. This provides additional revenue for the Airport annually in the amount of$24,905.92, essentially doubling the Aerodyne LLC annual lease payments to the City. This ground lease rate will be effective August 31, 2008 to August 31, 2011. cc: Peter Hahn, Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda bill-Aerodyne Lease Rate Increase\issue Paper-market appraisal increase.doc LAG 006-84 101101 Addendum# ADDENDUM TO LEASE AGREEMENT (City of Renton to Aerodyne LLC) THIS ADDENDUM to Lease Agreement 006-84 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, on September 1, 1984, Plane Space Investments, Inc. entered into Lease Agreement LAG 006-84, and leased four contiguous parcels at the south end of the Airport, consisting of three unimproved parcels of 39,030 square feet, referred to as the Vehicle Parking Lot, East Tiedown Area and West Tiedown Area, and one improved parcel of 42,936 square feet consisting of an existing hangar building, and WHEREAS, on September 2, 1994, Plane Space Investments assigned Lease LAG 006- 84, in its entirety, to Puget Sound Industries, Inc., and WHEREAS, on March 25, 1997, Puget Sound Industries assigned Lease LAG 006-84, in its entirety, to Cliff Howard and Fred Bahr, and WHEREAS, on April 29, 1999, Cliff Howard and Fred Bahr assigned Lease LAG 006-84, in its entirety, to Southcove Ventures, LLC, and WHEREAS, during September 2002, the land rental rate for the approximately 39,030 square feet of unimproved land area leased by Southcove Ventures, LLC was determined to be $0.1641 per square foot per year and continuing until August 31, 2005; and WHEREAS, on September 1, 2005, and for the ensuing three(3) year period, the land rental rate was adjusted, using the Consumer Price Index-Urban, to a rate of$0.17 per square foot per year for the 39,030 square feet of leased area, resulting in an annual rental amount of $6,635.10 (39,030 x $0.17 = $6,635.10), and continuing until August 31, 2008, and WHEREAS, during September 2002, the land rental rate for the approximately 42,936 square feet of improved land area leased by Southcove Ventures, LLC was determined to be $0.3282 per square foot per year and continuing until August 31, 2005; and WHEREAS, on September 1, 2005, and for the ensuing three(3) year period, the land rental rate was adjusted, using the Consumer Price Index-Urban, to a rate of$0.35 per square foot per year for the 42,936 square feet of leased area, resulting in an annual rental amount of $15,027.60 (42,936 x $0.35 = $15,027.60), and continuing until August 31, 2008, and LAG 006-84 Addendum# WHEREAS, on October 28, 2005, Southcove Ventures, LLC agreed to increase its unimproved leased area by 4,555 square feet for a total unimproved leased area of 43,585 square feet, and WHEREAS, during May 2004, Southcove Ventures, LLC notified the City of Renton of their desire to assign the lease from Southcove Venture LLC to Aerodyne LLC, and WHEREAS, Southcove Ventures, LLC did assign its lease to Aerodyne, LLC, and the assignment was recorded in Addendum 12-06 of LAG 006-84, and WHEREAS, in June 2007, the Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of all Airport leased areas to determine that the fair market value is $0.57 for all ground leases on the Airport, and WHEREAS, on February 26, 2008, and again on July 17, 2008, Aerodyne, LLC, was notified by certified letters that the City intended to use a means other than the Consumer Price Index-Urban to adjust the land rental rate for the readjustment period September 1, 2008, through September 1, 2011, and WHEREAS, a portion of the 43,585 square feet of"unimproved leased area"will hereafter be referred to as a portion of the property located inside the perimeter fence; and that portion the property located inside the perimeter fence is 34,774 square feet as shown in Exhibit A; and WHEREAS, the 42,936 square feet of area previously referred to as "improved"remains unchanged in this addendum, except that hereafter it will be referred to as a portion of the property inside the perimeter fence, and WHEREAS, the remaining portion of the 43,585 square foot leased area formerly referred to as "unimproved leased area", will hereafter be referred to as the parking lot located west of the southern entrance to the airport as shown on Exhibit B, and WHEREAS, the City notified Aerodyne, LLC that the land area leased by Aerodyne, LLC would be adjusted to reflect the change in the total square footage of the leased area resulting from the installation of the Clayton Scott statue (which reduced the size of the parking lot west of the southern entrance to the airport) and the installation of the concrete walls. Any land lease credit due to Aerodyne, LLC would be paid to Aerodyne, LLC retroactively to June 1, 2006 when construction began, and WHEREAS, a new parking area was created east of the southern entrance to the airport as shown on Exhibit C to compensate for the parking lost due to installation of the Clayton Scott Statue. `""' Lease Agreement 006-84 2 City of Renton to Aerodyne,LLC LAG 006-84 Addendum# NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AERODYNE, LLC, AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee do hereby agree that the 2007 appraised land lease rate is established at $0.57 per square foot per year for the land inside of the perimeter fence and that the two (2) parking areas outside of the perimeter fence have a market rate of $0.38 per square foot per year, or 66% of the appraised land rate because of its limited marketability, and 2. Lessor and Lessee do hereby agree that the leased area inside the perimeter fence and south of the taxilane is reduced from 35,146 square feet to 34,774 square feet as shown in Exhibit A and that the area north of the taxilane remains unchanged at 42,936 square feet or a total land area of 77,710 square feet inside the perimeter fence (34,774 sq. ft. + 42,936 sq. ft. =77,710 sq. ft.), and 3. Lessor and Lessee do hereby agree that the parking lot west of the south entrance to the airport is now 4,518 square feet as shown in Exhibit B, and that the new parking lot located east of the south entrance to the airport is now 1,466 square feet as shown in Exhibit C, or a total parking area of 5,984 square feet for the two (2)parking lots (4,518 sq. ft. + 1,466 sq. ft. = 5,984 sq. ft.), and 4. Lessor and Lessee do hereby agree that the annual lease payment for the area inside the perimeter fence is $44,294.70 per year plus the leasehold excise tax(77,710 sq. ft. X $0.57/sq. ft./yr = $44,294.70/yr.), and 5. Lessor and Lessee do hereby agree that the annual lease payment for the two parking areas is $2,273.92 per year plus the leasehold excise tax (5,984 sq. ft. X $0.38/sq. ft./yr = $2,273.92/yr.), and 6. Lessor and Lessee do hereby agree that the annual land rent rates in Paragraph 1 shall remain in effect until August 31, 2011, and effective as of that date, and for each three(3) year period thereafter, the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index. Minimum base rental for any extended period shall not be less than the current annual rental of$2,273.92 for the two (2) parking lots and $44,294.70 for the land inside the perimeter fence, or a total annual land rent of$46,568.62 plus leasehold excise tax. 7. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban (CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. Ned Lease Agreement 006-84 3 City of Renton to Aerodyne,LLC LAG 006-84 Addendum# 8. Lessor and Lessee do hereby further agree that at least thirty(30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing three(3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 9. All other terms and conditions of the original Lease Agreement and Addenda shall remain in full force and effect. AERODYNE, LLC CITY OF RENTON a Washington Corporation a Municipal Corporation _767 Denis Law Mayor """' Title Bonnie Walton City Clerk Date Approved as to legal form City Attorney Lease Agreement 006-84 4 City of Renton to Aerodyne,LLC CITY OF RENTON COUNCIL AGENDA BILL Al#: cit Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division October 27, 2008 Staff Contact Peter Hahn, Deputy PW Agenda Status Administrator - Transportation, Ext. 7242 Consent X Subject: Public Hearing.. First Amendment to the Interagency Agreement Correspondence.. Between King County and the City of Renton Regarding Ordinance Improvements to Coal Creek Parkway, from the Renton Resolution X City Limits in the Vicinity of NE 23rd Street and Old Business NE 24th Street,to SE 95th Way Exhibits: New Business X Issue Paper Study Sessions First Amendment to the Interagency Agreement Information Interagency Agreement CAG 03-133 Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact (317.t12305) Expenditure Required... Transfer/Amendment Amount Budgeted $3,533,475 (2008) Revenue Generated $6,650,000 Total Project Budget $6,624,731 (2008-2009) City Share Total Project. 0.00 SUMMARY OF ACTION: On August 7,2003, King County and the City of Renton entered into an Interagency Agreement CAG 03-133 regarding the improvements to Coal Creek Parkway from the Renton city limits, in the vicinity of NE 23rd Street and NE 24th Street to SE 95th Way. This agreement specified that the City of Renton would act as lead agency for the improvements within this county area and that King County would reimburse the City of Renton for the county costs associated with the Coal Creek Parkway improvements. This amendment to the interagency agreement is a formalization of the exact amount of funding King County will contribute to construction of the Coal Creek Parkway project and allows the City of Renton to bill the Transportation Improvement Board(TIB) directly for reimbursement of the county grant funding. The City Council has been briefed about the Duvall Avenue NE/Coal Creek Parkway improvements and the recently adopted Six-Year Transportation Improvement Program already reflects these changes. STAFF RECOMMENDATION: Adopt the resolution and authorize the Mayor and City Clerk to execute the first amendment to the agreement(CAG 03-133) between King County and the City of Renton. H:1Division.s\TRANSPOR.TATTLANNINGUuliana\Duvall Ave\King County agreement\KC Duvall 1stAmend agenda bill.doc S`SY O ® , PUBLIC WORKS DEPARTMENT � I MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: `r Gregg Zimmerm4 , inistrator SUBJECT: First Amendment to the Interagency Agreement Between King County and the City of Renton Regarding Improvements to Coal Creek Parkway,from the Renton City Limits in the Vicinity of NE 23rd Street and NE 24th Street to SE 95th Way ISSUE: Should Council authorize the Mayor and City Clerk to execute the first amendment to an agreement between King County and the City of Renton regarding the improvements to Duvall Avenue NE? RECOMMENDATION: Adopt the resolution and authorize the Mayor and City Clerk to execute the first amendment to the agreement (CAG 03-133) between King County and the City of Renton. BACKGROUND: On August 7, 2003, King County and the City of Renton entered into an interagency agreement (CAG 03-133) regarding the improvements to Coal Creek Parkway from the Renton city limits in the vicinity of NE 23rd Street and NE 24th Street to SE 95th Way. This agreement specified that the City of Renton would act as lead agency for the improvements within this county area and that King County would reimburse the City of Renton for the county costs associated with the Duvall Avenue NE/Coal Creek Parkway improvements. This amendment to the interagency agreement is a formalization of the exact amount of funding King County will contribute to construction of the Coal Creek Parkway project and allows the City of Renton to bill the Transportation Improvement Board (TIB) directly for reimbursement of the county grant funding. The City Council has been briefed about the Duvall Avenue NE/Coal Creek Parkway improvements and the recently adopted Six-Year Transportation Improvement Program already reflects these changes. cc: Bob Hanson,Transportation Design Supervisor Jim Seitz,Transportation Planning Supervisor Rob Lochmiller,Transportation Project Manager Juliana Fries,Program Development Coordinator Connie Brundage,Transportation Administrative Secretary H:\Divisions\TRANSPOR.TAT\PLANNINGVuliana\Duvall Ave\King County agreement\KC Duvall 1stAmend issue paper.doc • FIRST AMENDMENT TO THE INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON REGARDING IMPROVEMENTS TO COAL CREEK PARKWAY, FROM THE RENTON CITY LIMITS IN THE VICINITY OF NORTHEAST 23RD ST. AND NORTHEAST 24TH ST. TO SOUTHEAST 95TH WAY THIS AMENDMENT modifies the Interagency Agreement (the "Agreement") between King County ("the County") and the City of Renton ("the City"), titled "Interagency Agreement Between King County and the City of Renton Regarding Improvements of Coal Creek Parkway, from the Renton City Limits in the Vicinity of Northeast 23rd St. and Northeast 24th St. to Southeast 95th Way." RECITALS A. Under the Agreement, the City is the lead agency for the design and construction of Coal Creek Parkway improvements. B. Recital A of the Agreement identifies the County's capital improvement project (CIP 200891) on Coal Creek Parkway (the "County Project.") C. Recital B of the Agreement identifies the City's capital improvement project on Coal Creek Parkway (the "City Project"). The City Project is contiguous to the County Project. The City renamed that portion of Coal Creek Parkway that was annexed into the city limits to "Duvall Avenue." D. The County desires to complete the design and construction of the County Project and has encumbered funds in its capital improvement program for this purpose. E. The City awarded the Duvall Avenue Improvements construction contract prior to the Merritt II Annexation. F. In its capacity as lead agency, the City awarded the contract for construction of the County and City Projects prior to the annexation of the County Project area. These projects are collectively referred to in this Amendment as "the Project." G. The County has arranged with the Transportation Improvement Board (TIB) for the City to bill TIB directly for reimbursement of funds TIB awarded to the County for the County Project. NOW, THEREFORE, the parties agree as follows: sied FIRST AMENDMENT TO INTERAGENCY AGREEMENT 1. Section 1, Scope of Work, is amended by deleting Subsections 1.1.2 and 1.2 and the remaining provisions of Section 1 shall be renumbered accordingly. 2. Section 2, General Responsibilities, and all subsections are deleted and the following shall be substituted: 2. COUNTY'S COMMITMENT LIMITED The County commits to participating in construction of the Project at no more than $6,650,000. This amount includes construction management and inspection, and a 10% contingency. 3. Section 3, Water Quality Facility and Retention/Detention Pond, and all subsections are deleted and the following shall be substituted: 3. COUNTY'S PARTICIPATION LIMITED The County's participation will consist of the following: the City shall bill the Transportation Improvement Board (TIB) directly for reimbursement of the funds awarded to the County for construction of the County Project. This amount totals $1,275,456. The County shall pay the remaining amount up to but not exceeding $5,374,544 from County funds. 4. Section 4, Environmental Review and Permits, and all subsections thereto are deleted. 5. Section 5, Construction Contract Bidding, and all subsections thereto are deleted. 6. Section 6, Contract Administration, and all subsections thereto are deleted. 7. Section 7, PAYMENT, is renumbered to Section 4 and is deleted and replaced with a new Section 4, PAYMENT, as follows: 4.1 The County shall pay the City for actual costs of the County Project incurred by the City, including construction contractor costs, permit fees, and all costs incurred by the City for engineering, clerical, construction, administrative, inspection and other services attributable to the County Project. 4.2 The City shall bill the County for actual expenses incurred, on no more than a monthly basis. These bills shall reflect actual projects costs related to the construction of the county portion of the Project. All payments shall be due within 30 days of the billing date. 4.3 The City shall provide the County with a detailed invoice and documentation for all invoiced charges. The invoice shall show specific charges for work performed in the County portion of the Project. Documentation shall include all work performed directly by City staff, and invoices for all Project-related expenditures incurred on behalf of the County. 2 111114. 8. Section 8, Duration/Termination, is amended to be renumbered as Section 5 and all subsections are renumbered accordingly. 9. Section 9, Liability, is amended to be renumbered as Section 6 and all subsections are renumbered accordingly. 10. Section 10, Dispute Resolution, is amended to be renumbered as Section 7 and all subsections are renumbered accordingly. 11. Section 11, Audits and Inspection, is amended to be renumbered as Section 8 and all subsections are renumbered accordingly. 12. Section 12, Other Provisions, is amended to be renumbered as Section 9. 13.New Section 9, Other Provisions, is amended by deleting new Section 9.1. and all subsequent subsections are renumbered accordingly. 14. The City shall take full ownership and responsibility for the Project, without exception. 15. This Amendment shall terminate upon City acceptance of the Project. IN WITNESS WHEREOF,the parties have entered into this Agreement effective as of the date last written below. KING COUNTY CITY OF RENTON 44100 Linda Dougherty King County Road Services Division Director Title: Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Deputy Prosecuting Attorney City Attorney Date Date CAG-03-133 INTERAGENCY AGREEMENT �-- BETWEEN KING COUNTY AND THE CITY OF RENTON REGARDING IMPROVEMENTS TO COAL CREEK PARKWAY, FROM THE RENTON CITY LIMITS IN THE VICINITY OF NORTHEAST 23RD ST. AND NORTHEAST 24TH ST. TO SOUTHEAST 95TH WAY THIS AGREEMENT is made and entered into by and between King County, a political subdivision of the State of Washington ("the County"),and the City of Renton("the City") regarding the improvements to Coal Creek Parkway. The City and the County are collectively referred to as "the parties." RECITALS A. Whereas, the County has a capital improvement project (CIP #200891) on Coal Creek Parkway from the Renton city limits, in the vicinity of Northeast 23`d Street and Northeast 24th Street, to Southeast 95th Way ("the County Project"). B. Whereas, the City also has a capital improvement project on Coal Creek Parkway from State Route 900 to its City limits ("the City Project"). The City Project and the County Project are collectively referred to as "the Projects." C. Whereas, the Projects are grant funded by the Transportation Improvement Board 1 ("TIB") and it is in the best interest of the parties to administer their own grant separately. D. Whereas, the City and the County each have franchise agreements with utility companies which govern the relocation of utilities; E. Whereas the City has identified the need for water and sewer utility improvements in the southerly 200 feet of the County Project (the"Utility Improvements") and will include these improvements in the Projects at the City's expense; F. Whereas any Coal Creek Utility District improvements are not a part of this work and will be dealt with separately from this agreement; G. Whereas, the parties agree that the construction of the Projects shall provide an important link in the regional transportation system; H. Whereas, it is in the best interest of the parties to establish a lead agency to manage viod and to provide for the design, environmental review, permitting and construction of the Projects; I. Whereas this Agreement is limited to "the County Project"and the joint project detention/retention pond. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. SCOPE OF WORK The Scope of Work includes the design and construction of the Projects which are to be managed by the City. 2 1.1 The County Project includes: design, environmental review and permitting, property acquisition if needed, and improvement of the existing two through-lanes roadway to a roadway geometry which is based on a twenty year traffic model projection. 1.1.1 The County Project also includes a drainage system with a retention/detention pond. The drainage system shall be designed to meet the Washington State Department of Ecology 2001 Stormwater Management Manual for Western Washington(DOE Manual). 1.1.2 All other improvements related to the County Project shall be cony sisteistPnt. ith_the King County Road Standards and all applicable 16and21A. 1.2 The schedule andbudget for the County Project shall be established by tho • I 473- The City shall submit progress reports to the County no less than every 30 days. 2. GENERAL RESPONSIBILITIES 2.1 The City shall be the lead agency for the County Project with regard to . plans, specifications and estimates (PS&E); environmental review and permitting pursuant to Section 4; and construction. This includes . roorljinating with the City of Newcastle to align the County Project with a 3 City of Newcastle project also on Coal Creek Parkway. -2.2 The City shall provide six copies of 30%, 60%, and 90% PS&E, reports, and all environmental documents to the County for review. The County shall provide written cownlents n„pS&F and reports to the City within four- weeks after receiving them. The City shall make any necessary revisions to include the County's comments. 2.3 All new and relocated utilities shall be installed or relocated at the expense of the utility 9 3 1 The City shall work within the terms and conditions of King Countv'c evicting franchise agreements for relocating ut:litie 2.3.2 If one of the parties requests nl,ance installation of ne nr , relocated utilitiesrincludingg but not limited to conversion of ntilitc. facilities from above ground to underground, the requesting party. shall pay forenhancement _urisdiction where that utility is located shall he responsible for installation or relocation of the utilit34- 2.4 The final design of the County Project shall be mutually agreed upon by the parties. 2 4 1 The City shall-lneti-fs,Lt-14eCeunty-of--a .4n r i* t €ret-Ig-County Road Standards for the design of the County Project. • NIS 2.4.2 Any variances from the King County Road Stardar-ds and the King County Code shall be paid for by the County, except in the case that the f it y requests the variance independent of requirements pl ced upon the County Project by third part)' agenciec in the case. �h t the City is the solo a req esting the variance the_ J City shall pay for the variance. 2.5 The City shall develop and arrange for a joint public information and involvement r s that includes the following- 2.5.1 There shall be at least two open houses,one in the City and one in —unincorporat€d- cing County The City shall arrange_] 1 -houses. • -r5.2 Each Tart��-shal�-�o�PinT a mailing list for . int»ntinP to itc rPCJtIC[_L . P"r T prop"-T�-r"`��.`6 and shall mail notices to their respective residents. The notice shall incline contact information for each nartv'c residents 2�.3 Th C t h ll h dl all public information an`1 involvement _contact from members of the public who reside in nnincnrnnrate l King County. �� d I tie Cite shall ha le all ublic infor»�atio and involvement r cont cts from members of the public who reside in the City of Renton. 2.5.5 The County shall handle contacts from members of the publ' t id the C t" of Renton nr in nnincnrnnraterl kiss ( rnmty o � 5 2.6 The County shall be responsible for the acquisition of all property necessary for the County Project Title to y anroerty acuired_within � p r rp � �q the County shall be vested in the County. 2 7 The Co u t .hereby grants the City right of entry into the jurisdiction of the County for the purpose of performing any and all tasks necessary to implement this Agreement. 2.8 The County shall be given the opportunity to participate in the value d as part of the TIB grant. 2.9 The parties shall ppoint contact person or persons to ast as lie sons f the Projects. Thcsc contact persons shall meet on a regular basis to provide guidance for the Projec between the two agencies. 2.9.1 Representing the City of Renton Leslie Lahndt, City Project Mgr. (425) 430-7223 Representing the Cou ty: Don B1easdale /06) 29g 3736 4 -g.1 n Tl, Cit h ll b.-.-.it t c ednle to_thn, tot after execution of. the agreement. should the County disagree with shall be addrecrcd in conformance with section 10, Dispute Resolution: 2.10.1 This schedule will identify major milestones and timelines, including but not limited to the following: 30%, 60%, 90% anth review, project permitting, property acquisition public involvement advertisement For hid 6 and award of hiri constriction duration and final acceptance of the ,... County Project. 4 10 2 Tasks that are the responsibility of each party shalt y shall review this schedule, and the schedule may be pe^Fiodicall amended :ith-the approval of both the City and the County. ian-s— tasks not be performed within 30 days of the timeline established by the mutually approved project schedule, the City or the County 2.10.4 If the County Road Services Division or the City fails to Projects' schedule, either party may invoke termination under • Section 8.1. 3. WATER QUALITY FACILITY A •►-3.1 The parties agree to share the-total costs related to the acquisition of ropert d t t of'tho ato ality facility anll -.retention/detention pond that shall serve the completed Projects. 3.2 Each party's share of the costs, including property acquisition, shall be proportional to the constructed within the-parties' respective jurisdictions. 3.3 The parties agree to enter-into a separate agreement regarding each party's Nimoir 7 ,4,400 ENVIRONMENTAL REVIEW AND PERMITS d.1 The City shall be the lead-agency-for environmental review and shall take i E guireme o th 1 1 L' -Afire 1 `15 a'1 < : ciuilciit ' provide comments to the City b J uvauu�. • • all federal, state and local permit application 4.2.1 The City shall obtain all state and fede l it 1, -the County Project. The County 4411104 shall support the City in filling out and reviewing all documentation rcqu reel--te eenre these approvals. The County— shall have four--{4}-week er revie-w an4 comment on permit application documents. 4.3 The County shall be responsible for obtaining approvals for local permits, 'c�rov l q d plete the County Project. . r 4 4 The County shall process any variances requested from the King County .4.010 5. CONSTRUCTION CONTRACT BIDDING methods). 5.2 The City shall provide the County with twenty copies of the plans and specifications advertised for bid. 5.3 The City shall advertise the contract in the official legal publication for the coverage commensurate with the size of the}eject. The City shall also advertise the Projects in compliance with the TIB Administrative Guidelines. 5-A The Cit halal operr nr tL hilas anc slh It otifcr the County of the time n ad v ox � advertised. The County may attend the opening of the bids. 5.5 The City shall tabulate the bids and shall provide a dated, verified copy of the bid tabulations to the County. The bid tabulations shall identify the ci3timatcd construction and contractor overhead cost, based upon the 5.6 The City shall provide the County with inspection and administrative costs based on bid tabulations estimates. 5.7 The City shall award the contract to the lowest re,ponsible bidder for the total City and County Projects subject to applicable laws and regulations 9 5.8 The City shall require that the County is included as an additional insI1 ed- on the rentra ter(s) ; range nnli y(s) and that the County is I � a - � i the contract(s) inde}oni Bat eau pr-euisions and receives the same protection as received by the City. 5.9 The City shall be responsible for following all applicable Federal, State relating te-pyr e-ee#iai dd oced d-tthe Coun either contracting process. l0 In connection ninth this } t��,,e� Ci r y narty n with the County Project shall discriminate on the basis of race, color,sex, religion, nationality, creed, marital status, sexual orientation, age or the presence of any sensory, yr in the administration of the delivery of services or any other benefits under this Agreement. The City shall comply fully with all applicable Federal, State, and local laws, ordinances, executive orders and r gulations that prohibit such dicrriminatinn CONTRACT ADMINISTRATION 6.1 The City shall provide the necessary engineering, administrative, t 10 inspection, clerical and other services necessary for the completion of the County Project: 66< '� "T'he (-ount<, 's e nse) to insure .� x ctv�vccrrc7�1�7'--ft��nirvl} &n lr�Sp^g6tAr�t th�A�1Flt-�-�-o'ti'� proper compliance with requirements during the construction of the - County Project. The County's inspector shall advise the City of any deficiencies noted. The City shall take any necessary action to resolve the deficiencies noted by the County's inspector. The County's inspector shall not , t„ directly with nstr,et the, „tract,,. directly any matters regarding contract performance and compliance. 6.3 The City Shall at all times keep the County advised as to the progress of the County Project. The City shall not order or approve any changes in greater change in the construction budget of the County Project without first consulting and receiving approval from the County. Any changes that are less than one percent of the construction budget shall be included in progress reports in accordance with Section 1.3. 6.3.1 Any changes in the approved County Project design requested by either the City or the County and approved by the County shall be - at the County's expense. County approval of change orders shall not be unreasonably withheld. 6.'1 The County Road Engineer shall have the final authority to determine _whether any changes to the County Project shall be implemented- 6 S Prior to the Co i ty Art e t om 1 tin both pa ies shall_per_forrr< a , 11 mutual final inspection of the County Project. The County may provide a �.Tit-ten d ciency list to tl Cit ithi t 1 d f+ tl 4 l inspection. The list shall contain only construction deficiencies that arc ifications. Final acceptance of the Projects shall be by the City Planning/Building/Public Works Administrator and the County Road Engineer. 7. PAYMENT 7.1 The County shall pay the City for actual costs of the County Project -elor at t t a t t ,1 tl Novel attributable 7.1.1 The County shall pay..the City for costs of the County Project related to Ce nt , ed ch.,. e order. f f ld J nYY{ vaicuibc. vi � conditions geotechnical testing nd se ,ices e viron,r,ental , -mitigation conditions and any„tilit 1 t' + 11 t' , ,aedbySect: 7 2 '1 Yry v'i . 7 2 The City shall bill the County for actual expenses incurred, on no more —__than a monthly basis. These bills Shall reflect eactl al project cossts. All .payments shall he due within 30 days of the billing date. ,t I2 -87~ DURATION/TERMINATION 4+ This Agreement shall remain in effect until final acceptance of the County 5.1 Project and payment by the County of all monies due from the County to the City. 8.2 If expected or actual funding is withdrawn, reduced or limited in any way, 5). or if Federal funding requirements affect the County Project,prior to the completion of the County Project, either party may, with thirty (30) days written notice to the other party, terminate this Agreement. s In the event of termination prior to completion of the County Project, the party requesting termination shall pay all direct and indirect phasing-out costs. Payable termination costs shall not exceed the actual costs incurred as a result of termination of this Agreement. s',Lk 8* Either party may terminate this Agreement for default in the event the other party materially breaches this Agreement. Termination shall be effected by serving a Notice of Termination by certified mail, return receipt requested, on the other party setting forth the manner in which said party is in default and the effective date of termination, which shall not be less than fourteen (14) calendar days after the date of the notice; provided, however, such termination shall not take effect if the default has been cured within seven (7) calendar days after the date of the notice of termination. S S 8r5. The City or County may terminate this agreement on 90 days written notice. 13 NeS -9- LIABILITY Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to this Agreement. 4. -1$7. DISPUTE RESOLUTION .I -1-&-1 In the event of a dispute between the parties regarding this Agreement, the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter informally within 30 days, the matter shall be decided by the Director of the King County Road Services Division and the City Planning/Building/Public Works Administrator. 4 Z 1 The King County Executive and the Mayor of Renton may also agree in writing to use an alternative dispute resolution process including mediation and binding arbitration. 4?) 16.3 Unless otherwise expressly agreed to by the parties in writing, both the City and the County shall continue to perform all their respective obligations under this Agreement during the resolution of the dispute. -I-l- AUDITS AND INSPECTIONS g,I -1-1.1 The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the County or 14 the City during the term of this Agreement and three years after termination. 82. 11•.2' Audits and inspections by the grant agency shall be the responsibility of the City. The County shall support the City in meeting audit and inspection requirements. 4-2-. OTHER PROVISIONS _l7 1 T e ( it /shall be deemed an independent contractor for al p rposes n r the employees of the City nr ny of its contractors subcontractors and tray .. ...� ..�.. �. _J, _-_J _.. _ _________ __-. the r Pn No ees Ch li no In any m^nner be deeme to be employees of the County. 61.i 4 2.2- Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County, or their officials, employees, agents or representatives, to any party not a signatory to this Agreement. 2, 12.3 Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. c ,3 +2"4' Each party shall retain ownership and usual maintenance responsibility for the road, drainage system, signs, sidewalk and other property within its jurisdiction, subject to Section 3.3 regarding maintenance of the retention/detention pond. , t 15 CO • 12.S If any provision of this Agreement shall be held invalid, the remainder of Nod the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 6);5 -l- 6 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 81,6-1-2'7 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. This Agreement may be amended only by an instrument in writing, duly executed by both parties. t 16 IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. KING COUNTY CITY OF RENTON J se Tanner Linda Dougherty King County Road Services Division Director Title: Mayor Zo ,/c 3 0,61, 7 acv 3 Date Date ATTEST: /64-11 14l�C UJC Bonnie I. Walton, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Lawrence J. Warren Deputy Prosecuting Attorney City Attorney 0/„.7 �� aao3 Date Date 17 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE FIRST AMENDMENT TO THE INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON REGARDING IMPROVEMENTS TO COAL CREEK PARKWAY (NOW KNOWN AS DUVALL AVENUE NE). WHEREAS, on August 7, 2003, King County and the City of Renton entered into an Interagency Agreement, CAG 03-133, regarding the improvements to Coal Creek Parkway (now known as Duvall Avenue NE) from the Renton city limits in the vicinity of 23rd Street and Northeast 24th Street, to Southeast 95th Way; and WHEREAS, this agreement specified that the City of Renton would act as lead agency for the improvements within this county area and that King County would reimburse the City of Renton for the county costs associated with the Duvall Avenue NE improvements; and WHEREAS, the amendment to the interagency agreement is a formalization of the exact amount of funding King County will contribute to construction of the Duvall Avenue NE project and allows the City of Renton to bill the Transportation Improvement Board (TIB) directly for reimbursement of the county grant funding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into the First Amendment to the Interagency Agreement Between King County and the City of Renton Regarding Improvements to Coal Creek Parkway, from the Renton City Limits in the Vicinity of Northeast 23`d St. and Northeast 24th St. to Southeast 95th Way. Nord RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1381:10/15/08:scr 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE FIRST AMENDMENT TO THE INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON REGARDING IMPROVEMENTS TO COAL CREEK PARKWAY (NOW KNOWN AS DUVALL AVENUE NE). WHEREAS, on August 7, 2003, King County and the City of Renton entered into an Interagency Agreement, CAG 03-133, regarding the improvements to Coal Creek Parkway (now known as Duvall Avenue NE) from the Renton city limits in the vicinity of 23`d Street and Northeast 24th Street, to Southeast 95th Way; and WHEREAS, this agreement specified that the City of Renton would act as lead agency for the improvements within this county area and that King County would reimburse the City of Renton for the county costs associated with the Duvall Avenue NE improvements; and WHEREAS, the amendment to the interagency agreement is a formalization of the exact amount of funding King County will contribute to construction of the Duvall Avenue NE project and allows the City of Renton to bill the Transportation Improvement Board (TIB) directly for reimbursement of the county grant funding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into the First Amendment to the Interagency Agreement Between King County and the City of Renton Regarding Improvements to Coal Creek Parkway, from the Renton City Limits in the Vicinity of Northeast 23rd St. and Northeast 24th St. to Southeast 95th Way. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.13 81:10/15/08:scr 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO RENEW AN INTERLOCAL COOPERATIVE AGREEMENT TO LEASE SPACE TO KING COUNTY EMERGENCY MEDICAL SERVICES DIVISION. WHEREAS, the City of Renton has a fire station located at 1509 Kirkland Avenue NE, in Renton, Washington; and WHEREAS, both the City and King County wish to station in that building a paramedic unit operated by the King County Emergency Medical Services Division; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton will continue to rent such space to King County; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES 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 leasing of space to the King County Emergency Medical Services Division for housing of a paramedic unit. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk w 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1376:9/24/08:scr 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 9, PERMITS — SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A PROVISION TO MAKE UNIFORM THE AMOUNT OF COST CONTRIBUTION TOWARD CITY CAPITAL PROJECTS REQUIRED OF PROPERTIES FOR WHICH FRONTAGE IMPROVEMENTS HAVE BEEN DEFERRED BY RESTRICTIVE COVENANT. WHEREAS, prior to December 5, 2005, the City of Renton permitted the deferral of installation of frontage improvements for certain short plats that met established criteria, upon the recording of a restrictive covenant; and WHEREAS, on December 5, 2005, by Ordinance 5170, the City of Renton revised its policy on allowing deferral of frontage improvements for short plats meeting established criteria; �..� and WHEREAS, Ordinance 5170 eliminated the process of deferral by restrictive covenant requiring cost contribution for improvements from future property owners, replacing this with the requirement that the sub divider pay an up-front fee in lieu of required street improvements; and WHEREAS, there remain many properties with restrictive covenants recorded which require the owners to financially participate in a Local Improvement District or City initiated capital improvement project that provides street frontage improvements; and WHEREAS, the costs to property owners to financially participate in these improvements can be significantly higher than the costs sustained by current sub dividers who pay an up-front fee in lieu of required street improvements; and 1 ORDINANCE NO. WHEREAS, in order to make the costs of financially participating in a Local Improvement District or a City capital improvement project that provides street frontage improvements more affordable and consistent with the costs of the fee in lieu of required street improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-9-060C.9, Fee in Lieu of Required Street Improvements, of Chapter 9, Permits — Specific, of Title IV (Development Regulations) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended by adding a new subsection, to read as follows: g. Cost Contribution toward a City Capital Improvement Project for Properties in which Frontage Improvements have been deferred by Restrictive Covenant. Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage improvements installed as part of a Local Improvement District (LID) or a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with RMC 4-9-060C.9.d, Amount of Payment of Fee in lieu of Street Improvements. This assessment may be paid in full within 30 days following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with six percent (6%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a bill from the City for one-tenth (1/10th ) of the unpaid balance plus interest. Payments to be made over time shall become a lien Nerd ORDINANCE NO. against the property. A notice of such lien specifying the charge, the period covered bythe charge, and givingthe address and property identification (PID) g , p p Y � ) number shall be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1499:09/08/08:scr 3 • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW SECTION 8, ENTITLED "AIRPORT FUEL FLOWAGE FEES." WHEREAS, the City of Renton holds and operates the Renton Municipal Airport (aka Clayton Scott Field) under and subject to a grant and conveyance from the United States of America; and WHEREAS, the grant and conveyance were made by the authority granted in the Surplus Property Act of 1944, as amended; and WHEREAS, the grant and conveyance of the airport by the United States of America impose on the City of Renton the requirement that the City comply with the Grant Assurances, Order 5190.6A, which includes a requirement that the city maintain a "sustainable rate" structure; and WHEREAS, the City of Renton has been charging a fuel flowage fee for JetA and 100LL fuels dispensed to any location on the Airport since January of 1966, and this fuel flowage fee has never been increased; and WHEREAS, currently, Renton Airport has the lowest fuel flowage fee of all the other airports in the region. The average fuel flowage fee for a gallon of JetA and 100LL in the region is $0.063 and $0.06 per gallon, respectively; and WHEREAS, increasing the fee to $0.06/gallon is needed to help the airport maintain a self sustaining rate structure, as required by the federal grant assurances; and 1 • ORDINANCE NO. WHEREAS, the fuel flowage fees do not currently appear in the Renton Municipal Code *1400 and this ordinance will codify these fees; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new section, entitled "Airport Fuel Flowage Fees," to read as follows: 5-1-8 AIRPORT FUEL FLOWAGE FEES: A. Aviation Fuel Flowage Fees: Wholesale fuel distributors of Aviation Fuel shall pay to the City of Renton a fuel flowage fee $.06 per gallon of JetA and 100LL fuel delivered to any location at the Renton Municipal Airport with all of the revenue deposited in the Airport Fund that pays for the operation and maintenance of the Airport. B. Reporting: Wholesale fuel distributors of Aviation Fuel shall, on the last day of each month, provide to the City of Renton a Fuel Flowage Fee Report, and a copy of each invoice for Aviation Fuel distributed at the Renton Municipal Airport, for the subject month. C. Violations and Penalties: 1. Failure to pay the Fuel Flowage Fee or to provide the required Fuel Flowage Fee Report and supporting invoices shall be a violation of this section. Any violation of this section shall be a civil infraction. 2 ORDINANCE NO. 2. Any person found to have violated this section by failing to pay the Fuel Flowage Fee shall pay a fine equal to 5% of the Fuel Flowage Fee owed to the city of Renton multiplied by the number of months said Fuel Flowage Fee was unpaid. 3. Any person found to have violated this section by failing to provide the report or supporting documentation for the Fuel Flowage Fee shall pay a fine equal to 5% of the Fuel Flowage Fee owed to the city of Renton for the subject month. For any subsequent offense in a 12 month period, the fine shall be 10% of the Fuel Flowage Fee owed to the city of Renton for the subject month. SECTION II. This ordinance shall become effective upon its passage, approval and thirty(30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1509:10/10/08:scr 3