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HomeMy WebLinkAboutCouncil 01/08/2007 + s AGENDA RENTON CITY COUNCIL REGULAR MEETING January 8, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: National Mentoring Month-January 2007 4. SPECIAL PRESENTATIONS: a. King County Councilmember Reagan Dunn report to Council b. Black River Watershed Alliance restoration projects 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to 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 12/11/2006. Council concur. b. Mayor Keolker reappoints Richard Fischer, 833 SW Sunset Blvd.,Unit D19,Renton, 98057, to the Civil Service Commission for a six-year term expiring 12/31/2012. Council concur. c. Mayor Keolker reappoints the following individuals to the Advisory Commission on Diversity: Antonio Cube, Sr., 17711 160th Ave. SE, Renton, 98058 (term expires 12/31/2008); Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056(12/31/2007); Vern Nichols, 194 Monterey Pl. NE, Renton, 98056 (12/31/2008); Charles Thomas,4408 NE 11th St., Renton, 98059 (12/31/2007); and Lari White, 1315 S. Puget Dr.,C-21, Renton, 98055 (12/31/2008). Council concur. d. City Clerk requests approval to designate the Renton Reporter as the City's interim official newspaper. Council concur. (See 10.a. for resolution.) e. Development.Services Division recommends approval,with conditions,of the Amberwood II Final Plat(FP-06-059); 17 single-family lots on 4.2 acres located at 6135 NE 4th St. Council concur. (See 10.b. for resolution.) f. Economic Development, Neighborhoods and Strategic Planning Department recommends approval of the multi-family housing property tax exemption agreement for The Sanctuary project; near intersection of N. 10th St. and Park Ave. N. Refer to Planning and Development Committee. g. Economic Development,Neighborhoods and Strategic Planning Department recommends approval of the multi-family housing property tax exemption agreement for The Reserve project; near intersection of Park Ave. N. and Logan Ave.N. Refer to Planning and Development Committee. 1/4140, h. Technical Services Division requests final approval of the 15-year Liberty Grove latecomer agreement submitted by Lakeridge Development,Inc. for sewer main extension at 160th Ave. SE and SE 136th St., and requests authorization for staff to finalize the agreement per City Code. Council concur. (CONTINUED ON REVERSE SIDE) .1 i. Transportation Systems Division submits CAG-06-023,Airport Quonset Hut Building#790 Construction;and requests approval of the project,authorization for final pay estimate in the amount of$3,684.90,commencement of 60-day lien period, and release of retained amount of $7,033.40 to Lincoln Construction, Inc., contractor, if all required releases are obtained. Council concur. j. Utility Systems Division recommends approval of a utilities easement amendment granted by Lowe's HIW Inc. which modifies the existing City storm drainage easement for Lowe's proposed retail building in the vicinity of Garden Ave. N. and Park Ave. N. Council concur. 8. CORRESPONDENCE 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. .a. Committee of the Whole: East Renton Plateau Annexation Agreement with King County* b. Finance Committee: Vouchers; 2007 Lodging Tax Funding Allocation c. Planning&Development Committee: East Renton Plateau Potential Annexation Area Prezoning* 10. RESOLUTIONS AND ORDINANCES Resolutions: a. Designating Renton Reporter as City's interim official newspaper(see 7.d.) b. Amberwood II Final Plat(see 7.e.) c. Agreement with King County re: East Renton Plateau Potential Annexation Area(PAA); see 9.a. Ordinances for first reading and advancement to second and final reading: a. East Renton Plateau PAA Prezoning; 425.11 acres from R-4 to R-1 (see 9.c.) b. East Renton Plateau PAA Prezoning; 20.54 acres from R-4 to R-1 (see 9.c.) c. East Renton Plateau PAA Prezoning; 1,350.41 acres from R-4 to R-4 (see 9.c.) d. East Renton Plateau PAA Prezoning;42.93 acres from R-4 to RC(see 9.c.) e. East Renton Plateau PAA Prezoning; 92.60 acres from R-4 to RC (see 9.c.) f. East Renton Plateau PAA Prezoning; 7.34 acres from R-4 to R-8 (see 9.c.) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5p.m. Henry Moses Aquatic Center Fees; East Renton Plateau Annexation Interlocal Agreement with King County Council Conference Room Approximately 6:15 p.m. Council Policies 41001016, AA u1`� � CITY O F RE NTO N • C ♦ Mayor Kathy Keolker Nriase PVOCZaM'uitConi W h.erea,; the future of the city of Renton and our nation rests on the shoulders of our youth; and Wherea,, educated, confident, and nurtured children will give rise to a stronger city, community, state, and nation; and Whereat; the mission of Communities in Schools of Renton is to champion the connection of needed community resources with schools to help young people successfully learn, stay in school, and prepare for life; and W herea,; research has shown that mentoring has a definitive impact on young people by increasing school attendance, improving rates of high school graduation and college attendance, and decreasing involvement with drugs, alcohol, and violent behaviors; and Whereat, the Communities in Schools of Renton Mentoring Program matches a caring adult with a child in a one-to-one relationship to provide guidance and build confidence, stability, and direction for that child; and W here& mentoring relationships create continuing cycles of hope and promise, as they not only provide positive influences for individual children, but also strengthen families and communities; Now, There ore; I, Kathy Keolker, Mayor of the City of Renton, do hereby proclaim the month of January 2007, to be Nat' Int e vttor&vuj M in the City of Renton, in tribute to the many dedicated individuals who volunteer their time, compassion, and talents to mentor young people, and I encourage all citizens to join me in this special observance and to consider giving back to our community as mentors. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 8th day of January, 2007. r /r . "�p. Kathy Ke r Mayor of the City of Renton, Washington 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX 4 5)430-6523 R E N T O N AHEAD OF THE CURVE Thc nanerr rnntainc S(1o/rarvNerri maternal'ifl/nnct rnnm imerr RENTON CITY COUNCIL Regular Meeting January 8, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; DAN CLAWSON; DENIS LAW; TERRI COUNCILMEMBERS BRIERE; MARCI PALMER; DON PERSSON; RANDY CORMAN. CITY STAFF IN KATHY KEOLKER, Mayor;JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; ALEX PIETSCH, Economic Development Administrator; CHIEF I. DAVID DANIELS, Fire Department; MARTY WINE, Assistant CAO; PREETI SHRIDHAR,Communications Director; COMMANDER KENT CURRY and COMMANDER KATIE MCCLINCY,Police Department. PROCLAMATION A proclamation by Mayor Keolker was read declaring the month of January National Mentoring Month- 2007 to be "National Mentoring Month" in the City of Renton in tribute to the January 2007 many dedicated individuals who volunteer their time, compassion, and talents to mentor young people, and encouraging all citizens to join in this special observance and to consider giving back to the community as mentors. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Erin Iverson, Mentor Program Manager for Communities in Schools of Renton, accepted the proclamation. She encouraged everyone to become a volunteer and make a difference in the life of child. SPECIAL King County Councilmember Reagan Dunn, District 9,gave an update on the PRESENTATIONS King County Council. He pointed out the Council's work on identity theft King County: Update, legislation, rural home occupations, a proposed elected auditor to be voted on in Councilmember Reagan Dunn 2009, and the "Meth Watch"program(methamphetamine). Mr. Dunn noted his chairmanships of the Transportation Committee and the Regional Transit Committee,and his appointment to the Executive Board of the Regional Transportation Investment District. Councilmember Dunn reviewed his legislative priorities, which include increasing roadway capacity, improving I-405 and SR-167, and providing additional bus service. In regard to land use, he stated that King County is working on increasing the efficiency and speed of the permitting process using Renton's process as a model. Mr. Dunn assured that he will continue to work on I-405 and SR-167 improvements, which is his transportation priority in this portion of the district, and on matters related to annexation of the East Renton Plateau and the Cascade area. In conclusion, he stated that Renton is a contender for the siting of a new King County records and elections facility. Mayor Keolker pointed out that King County is providing private security at the Renton Transit Center on a trial basis, and that funding and other concerns regarding potential annexations to Renton merit further discussion with King County. ESA: Black River Watershed Planning/Building/Public Works Administrator Zimmerman introduced Doris Alliance Restoration Projects Yepez, treasurer and founder of the Black River Watershed Alliance (BRWA), January 8,2007 Renton City Council Minutes Page 5 who reported on the progress of the Black River restoration projects. She noted that project funding included grants from King County matched by the City of Renton with King Conservation District funds. The projects include: Black River Channel native plant restoration, Black River buffer planting,Black River Riparian Forest wildlife monitoring, free class and group presentations, free school and group field trips through the forest,booths at open houses and events,and participation in the King County Clean Stream Car Wash Program. Ms. Yepez described the tasks accomplished during the two phases of the Black River Channel Native Plant Restoration Project, which took place on the downstream and upstream sides of the Black River Pump Station in the vicinity of Monster Rd. SW. She praised the efforts of all the volunteers who assisted with the restoration project, and listed BRWA's plans for the future: continue restoration work and monitoring of wildlife at the Black River, continue participation in the Clean Stream Program,continue classroom education and community outreach, and expand the school field trip program. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * Missoula Children's Theatre is bringing Rumplestiltskin to Carco Theatre. Rehearsals will be January 9 through 12, with performances on January 13. * The City will host a workshop on January 17 for those interested in learning more about the 2007 Neighborhood Grant Program. * An informational workshop and community open house on the Renton Airport Master Plan Update is scheduled for January 16. Fire: Wind Storm(12/14/2006) Fire Chief Daniels reported on the City's response to the wind storm that occurred on 12/14/2006,which produced wind gusts of 60 mph and sustained winds of 40 mph. He stated that approximately 265 calls for service were received on December 14 and 15,which is five times more than normal. Chief Daniels reported that the Emergency Operations Center was activated at 6 p.m. on December 14. He further reported that the City sustained damage in the estimated amount of$240,000, and one fatality occurred due to carbon monoxide poisoning(as a result of the related power outage). Chief Daniels stated that the shelter at the Highlands Neighborhood Center opened on December 16 and remained in place for eight days. He noted that the shelter operation was handled primary by the City, and at its peak,the shelter accommodated 74 people. Pointing out that a review will be conducted of the City's response to the storm,he emphasized that the City did a good job. Councilmember Palmer commended City staffs handling of the wind storm response. AUDIENCE COMMENT Inez Petersen, PO Box 1295, Renton, 98057, expressed concern on behalf of Citizen Comment: Petersen- Jeff Colee(330 Park Ave. N.), who must remove an over-height fence he Colee Fence Height Variance erected to keep cats out of his backyard so his wheelchair does not come into contact their feces. Stating that Mr. Colee's unique situation distinguishes him from others, she pointed out that the ADA(Americans with Disabilities Act) requires cities to modify their zoning to accommodate the disabled. Responding to Councilmember Clawson's comment regarding the appeal process,Ms. Petersen indicated that the variance appeal period has expired as well as the ADA grievance time window. Mayor Keolker indicated that the matter will be reviewed. January 8,2007 Renton City Council Minutes Page 6 Citizen Comment: DeMastus- Sandel DeMastus, PO Box 2041, Renton, 98056, stated that the Highlands Shelter at Highlands Community Association's Christmas party at the Highlands Neighborhood Neighborhood Center, Wind Center occurred the same night the center began operating as a shelter. She Storm Caused Power Outage thanked Fire Department staff for attending the party, and praised those who staffed the shelter. Citizen Comment: Allen -East Cynthia Allen, 13110 164th Ave. SE,Renton, 98059, stated that she lives next Renton Plateau PAA to the wetland area proposed for R-1 zoning in the northern portion of the East Prezoning Renton Plateau Potential Annexation Area(PAA). She favored the proposal, saying R-1 zoning will help protect the wetland and the wildlife it attracts. Citizen Comment: High- East Gwendolyn High, 13405 158th Ave. SE, Renton, 98059, expressed support for Renton Plateau PAA the proposed prezoning map for the East Renton Plateau PAA. Noting the Prezoning drainage and flooding problems, she stated that R-4 zoning is not appropriate for the entire area. Additionally, she submitted a petition signed by 14 people supporting the proposed map. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056,praised the efforts Wind Storm Response, East of the Fire Department for extracting a resident from a house on which a tree Renton Plateau PAA fell as a result of the wind storm on 12/14/2006. On another topic,Mr. Prezoning McOmber voiced support for the proposed prezoning map for the East Renton Plateau PAA, noting that individual parcel zoning can be reviewed in the future. Additionally, he encouraged annexation to Renton. Citizen Comment: Jarman- Jason Jarman, 13709 175th Ave. SE, Renton, 98059, indicated that his property, East Renton Plateau PAA located in the East Renton Plateau PAA, is proposed for R-1 zoning. He Prezoning explained that he purchased the property because of its current zoning, and expressed concern regarding the proposed zoning change. Noting that his property is contiguous to R-4 zoning on two sides, Mr. Jarman asked that the City be open-minded in addressing future zoning situations with individual property owners. Citizen Comment: Mega- Matt Mega, Seattle Audubon Society Director of Urban Habitat, 8050 35th Ave. Sunset Bluff Development, NE, Seattle, 98115, submitted a letter expressing the Seattle Audubon Society's Black River Riparian Forest appreciation for Council's continued involvement and concern about the Sunset Heron Colony Bluff development located near the Black River Riparian Forest which contains a heron colony. Citizen Comment: Krom- Suzanne Krom, President of Herons Forever, PO Box 16155, Seattle, 98116, Sunset Bluff Development, voiced appreciation for the conditions placed on the Sunset Bluff development Black River Riparian Forest located near the Black River Riparian Forest in efforts to protect the heron Heron Colony colony. She described an erosion failure and associated water runoff that occurred in the vicinity a year ago. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL ALLOW THE SPEAKER ANOTHER MINUTE. CARRIED. Ms. Krom pointed out that the runoff kills life forms that the herons depend on for sustenance. She indicated that she will forward an informational packet to Council. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL EXTEND THE AUDIENCE COMMENT PERIOD UNTIL ALL SIGNED-UP SPEAKERS HAVE SPOKEN. CARRIED. Citizen Comment: Carpenter- Tom Carpenter, East Renton Plateau Citizen Task Force Member, 15006 SE East Renton Plateau PAA 139th Pl., Renton, 98059, expressed support for the proposed prezoning map for Prezoning the East Renton Plateau PAA. He pointed out the following in regards to the January 8,2007 Renton City Council Minutes Page 7 prezoning process: R-1 is an appropriate urban zone; it is illegal for government agencies to make zoning decisions based on impact to property values;prezoning is not property or parcel specific-those issues are handled during the permitting process; and the critical areas ordinance is not a substitute for appropriate zoning designations. Mr. Carpenter explained that the purpose of prezoning is for the City to establish what the intended land use will be based upon the characteristics of the land. He indicated that the City should halt all development in the area,upon annexation,until the Renton Comprehensive Plan is updated. Responding to Councilmember Corman's inquiry regarding inverse condemnation claims related to downzoning of property, City Attorney Warren explained that the purpose of an inverse condemnation action is to receive compensation for the elimination of all development potential on a parcel. He stated that as long as the process is followed and Council uses its discretion to establish area-wide zoning, there is no liability upon the Council. Economic Development Administrator Pietsch reviewed the East Renton Plateau PAA prezoning process. He explained that the Comprehensive Plan's Residential Low Density designation allows three zones for this area, and noted that the R-1 zone boundary line was drawn where environmental constraints exist. Mr. Pietsch pointed out that upon annexation, property owners can apply for rezones,which will be considered on a parcel by parcel basis. Noting that a majority and minority report will be issued by the Planning and Development Committee,Mr. Pietsch described the difference between the two reports. He stated staffs position that zoning the area R-1, where there is limited development potential,better aligns with what the critical areas ordinance should protect. (See page 10 for Planning and Development Committee reports.) Discussion ensued regarding the area's current King County zoning,how the critical areas ordinance applies in relation to the zoning ordinance,the deduction of environmental constraints from buildable property, the potential availability of bonuses, and the intent to continue work on the development regulations for the R-1 and R-4 zones. Citizen Comment: Rider- Susan Rider, 1835 NE 20th St., Renton, 98056, stated that the Kennydale 2006 Comprehensive Plan Critical Areas Alliance withdrew its SEPA appeal of the Kennydale Blueberry Amendments, Kennydale Farm Comprehensive Plan amendment. She explained that with the Blueberry Farm downzoning of the surrounding area,many residents have been asked to forego maximum profit in developing their own properties in order to protect the peat bog in Kennydale Creek headwaters. Ms. Rider expressed concern regarding the City's efforts to upzone the farm wherein the actual peat wetland and headwaters lie, which will increase the value of the property. She quoted passages from Renton land use policy documents, and described how they apply to the blueberry farm's environmental characteristics. Ms. Rider concluded that the applicant for the amendment has not shown that the rezone is appropriate and timely. Citizen Comment: Natelson- Debbie Natelson, 801 Renton Ave. S., Renton, 98057, spoke on the topic of the 2006 Comprehensive Plan Kennydale Blueberry Farm rezone,voicing concern regarding the City helping Amendments, Kennydale the owner to potentially make a large profit on the property. Ms. Natelson said Blueberry Farm this peat bog property is an incredible resource, and she stressed the importance of wetland protection and stormwater management. She pointed out that what happens with the property affects not only the local neighborhood,but the entire region. In conclusion, she stated that even if the peat bog has been degraded by January 8,2007 Renton City Council Minutes Page 8 past construction, a degraded peat bog is better than a housing development in regards to the ecological value. Citizen Comment: Eberle- Pete Eberle, 18225 SE 147th St., Renton, 98059, speaking on the East Renton East Renton Plateau PAA Plateau PAA prezoning, expressed support for annexation to Renton,and for R- Prezoning 1 and R-4 zoning as outlined by the majority report of the East Renton Plateau Citizen Task Force. Citizen Comment: O'Connor- William O'Connor, 10402 151st Ave. SE, Renton, 98059, urged Council to 2006 Comprehensive Plan reject any rezone of the Kennydale Blueberry Farm, saying that the property is Amendments, Kennydale correctly zoned as Resource Conservation. Blueberry Farm Citizen Comment: Bryant- Ronda Bryant, East Renton Plateau Citizen Task Force Member, 6220 SE 2nd East Renton Plateau PAA P1., Renton, 98059, noted the desire of some people for larger lots for large Prezoning homes in the Renton area. She indicated Renton has more than enough buildable land right now to meet Growth Management Act mandated population. Ms. Bryant stated that R-1 zoning is warranted in the East Renton Plateau PAA due to the topography and hydrology of the area. She stressed that the task force spent many hours discussing where to draw the boundary line for the R-1 zoning. Encouraging approval of the prezoning proposal, Ms. Bryant pointed out that individual property zoning can be reviewed in the future. Citizen Comment: Cave-2006 Robert Cave, 1813 NE 24th St., Renton, 98056,pointed out that the reason the Comprehensive Plan owner of the Kennydale Blueberry Farm is requesting a rezone is to increase the Amendments, Kennydale value of the property. Mr. Cave indicated that a rezone of the property will lend Blueberry Farm to the appearance that it can be developed resulting in more meetings and community members opposing development. Mr. Cave asked that Council reject the rezone. Responding to Councilmember Corman's inquiry regarding the status of the Kennydale Blueberry Farm rezone, Economic Development Administrator Pietsch reported that the matter was appealed prior to the issuance of the Planning and Development Committee's recommendation. Now that the appeal has been withdrawn, he indicated that the matter will be rescheduled in Committee. Mr. Pietsch noted that the property owner originally requested R-8 zoning, and after working with the owner, staff and the Planning Commission recommended R-4 zoning. Citizen Comment: Hicks- Barbara Hicks, 10402 151st Ave. SE, Renton, 98059, spoke against the rezone 2006 Comprehensive Plan of the Kennydale Blueberry Farm. She stated that the property should remain Amendments, Kennydale zoned Resource Conservation,which will protect the wetland. Ms. Hicks Blueberry Farm indicated that an upzone will detrimentally affect the well-being of this natural resource. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Persson, item 7.d. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 12/11/2006. Council concur. 12/11/2006 Appointment: Civil Service Mayor Keolker appointed Richard Fischer, 833 SW Sunset Blvd.,Unit D19, Commission Renton, 98057,to the Civil Service Commission for a six-year term expiring 12/31/2012. Council concur. Appointment: Advisory Mayor Keolker appointed the following individuals to the Advisory Commission on Diversity Commission on Diversity: Antonio Cube, Sr., 17711 160th Ave. SE, Renton, January 8,2007 Renton City Council Minutes Page 9 98058 (term expires 12/31/2008); Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056(12/31/2007); Vern Nichols, 194 Monterey Pl. NE, Renton, 98056(12/31/2008); Charles Thomas,4408 NE 11th St., Renton, 98059 (12/31/2007); and Lari White, 1315 S. Puget Dr., C-21, Renton, 98055 (12/31/2008). Council concur. Plat: Amberwood II,NE 4th Development Services Division recommended approval, with conditions,of the St, FP-06-059 Amberwood II Final Plat; 17 single-family lots on 4.2 acres located at 6135 NE 4th St. Council concur. (See page 12 for resolution.) EDNSP: Multi-Family Economic Development,Neighborhoods and Strategic Planning Department Housing Property Tax recommended approval of the multi-family housing property tax exemption Exemption, The Sanctuary agreement for The Sanctuary project; near intersection of N. 10th St. and Park Ave. N. Refer to Planning and Development Committee. EDNSP: Multi-Family Economic Development,Neighborhoods and Strategic Planning Depaitment Housing Property Tax recommended approval of the multi-family housing property tax exemption Exemption, The Reserve agreement for The Reserve project; near intersection of Park Ave. N. and Logan Ave.N. Refer to Planning and Development Committee. Latecomer Agreement: Technical Services Division requested final approval of the 15-year Liberty Lakeridge Development, Grove latecomer agreement submitted by Lakeridge Development, Inc. for Liberty Grove, LA-05-002 sewer main extension at 160th Ave. SE and SE 136th St., and requested authorization for staff to finalize the agreement per City Code. Council concur. CAG: 06-023, Airport#790 Transportation Systems Division submitted CAG-06-023, Airport Quonset Hut Building Construction, Lincoln Building#790 Construction; and requested approval of the project, Construction authorization for final pay estimate in the amount of$3,862.40,commencement of 60-day lien period, and release of retained amount of$7,033.40 to Lincoln Construction, Inc., contractor, if all required releases are obtained. Council concur. Utility: Garden Ave N&Park Utility Systems Division recommended approval of a utilities easement Ave N Retail Building, Lowe's amendment granted by Lowe's HIW Inc. which modifies the existing City storm HIW Inc Utilities Easement drainage easement for Lowe's proposed retail building in the vicinity of Garden Amendment Ave. N. and Park Ave N. Council concur. MOVED BY NELSON, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.d. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration City Clerk requested approval to designate the Renton Reporter as the City's Item 7.d. interim official newspaper, as the King County Journal is ceasing publication. City Clerk: Interim Official Councilmember Persson expressed concern regarding the delivery performance Newspaper,Renton Reporter and publishing schedule of the Renton Reporter. Reporting that the City is going out for bid to determine the official newspaper, Mayor Keolker assured that the matter will be brought back to Council if there are problems with the Renton Reporter in the interim. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL APPROVE ITEM 7.d. AS PRESENTED. CARRIED. (See page 12 for resolution.) Added A letter was read from Anita and Richard Oliphant, 16519 SE 145th St., CORRESPONDENCE Renton, 98059, acknowledging the workable solution of the East Renton Citizen Comment: Oliphant- Plateau Citizen Task Force and City staff regarding prezoning for the East East Renton Plateau PAA Renton Plateau Potential Annexation Area. They expressed concern regarding Prezoning high-density development, and recommended that Council approve the proposed prezoning. January 8,2007 Renton City Council Minutes Page 10 UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the East Renton Plateau annexation interlocal agreement with King County. AJLS: East Renton Plateau The Committee recommended concurrence in the staff recommendation to PAA, King County approve an interlocal agreement with King County which will: transfer properties related to the annexation of the East Renton Plateau area; set an effective date of annexation; and transfer King County Annexation Initiative funding to the City upon an affirmative annexation vote in February 2007. The Committee accepted the technical amendments proposed by the Metropolitan King County Council in its ratification of the same agreement on 12/4/2006, and incorporated those changes in the City's approved version of the agreement. The Committee further recommended that the resolution authorizing the Mayor and City Clerk to sign the interlocal agreement be presented for reading and adoption. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 12 for resolution.) Planning&Development Majority Report: Planning and Development Committee Chair Briere Committee presented a majority report regarding the prezoning for the East Renton Plateau Planning: East Renton Plateau Potential Annexation Area(PAA). The Committee majority recommended PAA Prezoning concurrence in the Planning Commission recommendation to approve the prezoning map as shown on the East Renton Plateau Planning Commission preliminary recommendation map dated 12/14/2006. The Committee further recommended that the ordinances establishing RC(Resource Conservation), R- 1 (Residential -one dwelling unit per net acre), R-4 (Residential- four dwelling units per net acre), and R-8 (Residential - eight dwelling units per net acre) zoning be presented for first and advanced to second reading.* Minority Report: Planning and Development Committee Member Palmer presented a minority report regarding the prezoning for the East Renton Plateau PAA. The Committee minority recommended the prezoning map and ordinance for the East Renton Plateau PAA be modified to change the proposed R-1 zoned properties to R-4, but to retain the proposed Resource Conservation zoned properties as drafted. A further recommendation is to retain in Committee the subject of critical areas regulations for discussion of whether the critical ordinance regulations and implementation comply with City Council desired policy direction. *MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE MAJORITY COMMITTEE REPORT.* Councilmember Corman expressed appreciation for the efforts of the East Renton Plateau Citizen Task Force and the Planning Commission on this matter. Councilmember Briere stated that she was impressed with the work of the task force and Planning Commission,pointing out that the prezoning map was very well thought out. Regarding the public comment, she indicated that the majority of people favor the proposal. Councilmember Palmer indicated that although she has a different opinion, she appreciates the efforts of the task force and Planning Commission. She noted that the proposed R-1 zoned areas are scattered throughout the PAA area, and that most of the people who spoke for the R-1 zone were on the task force or part of the annexation effort. Ms. Palmer pointed out that bonuses in the R-1 zone may not help very many people. She further pointed out that the environmental features in the area will take care of themselves, which is why she is recommending another look at the January 8,2007 Renton City Council Minutes Page 11 critical areas ordinance. Ms. Palmer stated that at the Planning and Development Committee meeting she heard some skepticism in staffs presentation as to whether the critical areas ordinance is doing what it is supposed to do. For consistency, she recommended R-4 zoning for the area, emphasizing that the environmental features will dictate whether the property is buildable or not. Ms. Palmer concluded that R-4 zoning is more consistent with Council's past decisions. Councilmember Briere said the areas proposed for R-1 zoning are the most environmentally constrained and should be protected. Councilmember Clawson stated that the R-1 designated areas do contain more environmental features than the rest of the area. In regard to density,he noted that more houses will create more water runoff. Mr. Clawson further noted that the proposed zoning more closely relates to the expectations of future property buyers,and that owners can request rezones without a Comprehensive Plan amendment. Responding to Councilmember Corman's question,Economic Development Administrator Pietsch explained that all eligible zones within a Comprehensive Plan designation can be considered for a rezone by the Hearing Examiner. Councilmember Persson commented that R-1 zoning raises expectations of future property buyers, and people need to understand that an R-1 zoned parcel could potentially be rezoned to R-4. City Attorney Warren pointed out that the final decision regarding a rezone is made by Council via an ordinance. *MOTION TO ADOPT THE MAJORITY COMMITTEE REPORT CARRIED. (See page 12 for ordinances.) Following discussion, Mayor Keolker confirmed that Council will receive an overview of the critical areas ordinance. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 255234- 255738 and three wire transfers totaling $3,959,581.57; and approval of Payroll Vouchers 66895 - 67186,two wire transfers, and 1,261 direct deposits totaling $4,045,752.88. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. EDNSP: 2007 Lodging Tax Finance Committee Chair Persson presented a report recommending Collections Allocation, concurrence in the Renton Lodging Tax Advisory Committee's recommendation Lodging Tax Advisory to allocate lodging tax funding for 2007 tourism-related activities as follows: Committee • $85,000 to the Renton Community Marketing Campaign; • $125,000 to Renton Visitor's Connection; and • A one-time allocation of$5,000 to the City of Renton Community Services Department to collaborate with other cities and the Seattle/King County Health Department in the production of a South King County "Healthy Lifestyles" map, featuring a listing of trails, recreational, and exercise opportunities throughout the region. The Renton IKEA Performing Arts Center is encouraged to work closely with Renton Visitor's Connection to explore the possibility of future lodging tax funding allocations either directly, or through the organization's annual work plan. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. January 8,2007 Renton City Council Minutes Page 12 Committee on Committees Council President Nelson presented a Committee on Committees report Council: 2007 Committee recommending the following changes to the Council committee meeting days Meeting Time Revisions and times for 2007: • Utilities Committee will meet on the first and third Thursdays at 3 p.m. • Planning and Development Committee will meet on the first and third Thursdays at 2 p.m. • Transportation (Aviation)Committee will meet on the first and third Wednesdays at 4 p.m. MOVED BY NELSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3849 A resolution was read designating the Renton Reporter as the City's interim City Clerk: Interim Official official newspaper. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL Newspaper,Renton Reporter ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3850 A resolution was read approving the Amberwood II Final Plat; approximately Plat: Amberwood II, NE 4th 4.2 acres located at 6135 NE 4th St. MOVED BY BRIERE, SECONDED BY St, FP-06-059 CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3851 A resolution was read authorizing the Mayor and City Clerk to enter into an AJLS: East Renton Plateau interlocal agreement between the City of Renton and King County relating to PAA, King County the annexation of a subarea of the East Renton Plateau Potential Annexation Area. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Councilmember Persson stated that he voted no on the resolution because the citizens of Renton will not get the same full service from the Police Department that they need during the interim basis. The following ordinances were presented for first reading and advanced for second and final reading: Planning: East Renton Plateau An ordinance was read establishing the zoning classification of certain property PAA, Prezone to R-1 (425.11 consisting of 425.11 acres located within the City of Renton's East Renton Acres) Plateau Potential Annexation Area from R-4 (Urban Residential- four dwelling units per acre, King County zoning) to R-1 (Residential - one dwelling unit per acre, Renton zoning); East Renton Plateau Prezone; LUA-06-152. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5252 Following second and final reading of the above-referenced ordinance, it was Planning: East Renton Plateau MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT PAA,Prezone to R-1 (425.11 THE ORDINANCE AS READ. ROLL CALL: FIVE AYES: NELSON, Acres) CLAWSON, LAW, BRIERE, CORMAN; TWO NAYS: PALMER, PERSSON. CARRIED. Planning: East Renton Plateau An ordinance was read establishing the zoning classification of certain property PAA, Prezone to R-1 (20.54 consisting of 20.54 acres located within the City of Renton's East Renton Acres) Plateau Potential Annexation Area from R-4 (Urban Residential - four dwelling units per acre, King County zoning)to R-1 (Residential - one dwelling unit per acre, Renton zoning); East Renton Plateau Prezone; LUA-06-152. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. taw January 8,2007 Renton City Council Minutes Page 13 Ordinance#5253 Following second and final reading of the afore-referenced ordinance, it was Planning: East Renton Plateau MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT PAA, Prezone to R-1 (20.54 THE ORDINANCE AS READ. ROLL CALL: FIVE AYES: NELSON, Acres) CLAWSON, LAW, BRIERE, CORMAN;TWO NAYS: PALMER, PERSSON. CARRIED. Planning: East Renton Plateau An ordinance was read establishing the zoning classification of certain property PAA, Prezone to R-4(1,350.41 consisting of 1,350.41 acres located within the City of Renton's East Renton Acres) Plateau Potential Annexation Area from R-4 (Urban Residential - four dwelling units per acre,King County zoning)to R-4 (Residential - four dwelling units per acre, Renton zoning); East Renton Plateau Prezone; LUA-06-152. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5254 Following second and final reading of the above-referenced ordinance, it was Planning: East Renton Plateau MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT PAA, Prezone to R-4 (1,350.41 THE ORDINANCE AS READ. ROLL CALL: FIVE AYES: NELSON, Acres) CLAWSON, LAW, BRIERE, CORMAN;TWO NAYS: PALMER, PERSSON. CARRIED. Planning: East Renton Plateau An ordinance was read establishing the zoning classification of certain property PAA, Prezone to RC (42.93 consisting of 42.93 acres located within the City of Renton's East Renton Acres) Plateau Potential Annexation Area from R-4 (Urban Residential - four dwelling units per acre,King County zoning) to RC(Resource Conservation, Residential - one dwelling unit per ten acres,Renton zoning); East Renton Plateau Prezone; LUA-06-152. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5255 Following second and final reading of the above-referenced ordinance, it was Planning: East Renton Plateau MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT PAA,Prezone to RC (42.93 THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Acres) Planning: East Renton Plateau An ordinance was read establishing the zoning classification of certain property PAA, Prezone to RC (92.60 consisting of 92.60 acres located within the City of Renton's East Renton Acres) Plateau Potential Annexation Area from R-4 (Urban Residential - four dwelling units per acre, King County zoning) to RC(Resource Conservation, Residential - one dwelling unit per ten acres, Renton zoning); East Renton Plateau Prezone; LUA-06-152. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5256 Following second and final reading of the above-referenced ordinance, it was Planning: East Renton Plateau MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT PAA, Prezone to RC (92.60 THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Acres) Planning: East Renton Plateau An ordinance was read establishing the zoning classification of certain property PAA, Prezone to R-8 (7.34 consisting of 7.34 acres located within the City of Renton's East Renton Plateau Acres) Potential Annexation Area from R-4 (Urban Residential- four dwelling units per acre, King County zoning)to R-8 (Residential -eight dwelling units per acre, Renton zoning); East Renton Plateau Prezone;LUA-06-152. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. January 8,2007 Renton City Council Minutes Page 14 Ordinance#5257 Following second and final reading of the afore-referenced ordinance, it was Planning: East Renton Plateau MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT PAA,Prezone to R-8 (7.34 THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Acres) NEW BUSINESS MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THE Airport: Financial &Property AIRPORT FINANCIAL AND PROPERTY MANAGEMENT OPTIONS TO Management Options THE TRANSPORTATION(AVIATION) COMMITTEE. CARRIED. Planning: Highlands Task Responding to Councilmember Persson's inquiry, Councilmember Briere Force indicated that the topic of the Highlands Task Force membership and tasks is in the Planning and Development Committee. Planning: Sonics Arena in Councilmember Persson voiced concern regarding potential transportation North Renton problems if an arena is sited in North Renton for the Seattle Sonics professional basketball team and other events. Mayor Keolker stated the City has been in contact with North Renton neighborhood representatives who are developing a list of concerns in case this happens. She assured that nothing has been decided, and stressed that Council will be kept apprised of any developments. AUDIENCE COMMENT Nancy Osborn, Planning Commission Member, 4635 Morris Ave. S., Renton, Citizen Comment: Osborn- 98055, questioned why Councilmember Palmer voted against the ordinance that East Renton Plateau PAA rezoned a 1,350.41 acre parcel from R-4 to R-4. Councilmember Palmer replied Prezoning it was an oversight due to the large number of similar ordinances. Citizen Comment: Petersen- Inez Petersen,PO Box 1295, Renton, 98057,expressed her hope that the City Various will grandfather in Jeff Colee's over-height fence under the ADA(Americans with Disabilities Act) requirements for zoning. Additionally,Ms. Petersen objected to the granting of multi-family housing property tax exemptions to developers and the return of lodging tax funding to businesses while sidewalk repairs and other infrastructure improvements in Renton are needed. Councilmember Persson explained that State law requires that tax collected from the rental of hotel rooms only be used for promotional purposes to encourage people to come to Renton. He noted that some members of the Renton Lodging Tax Advisory Committee are business representatives required to collect taxes. EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:52 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 10:12 p.m. &it v1A.t d if)01.. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann January 8, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING January 8, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 1/15 No Meeting (Holiday) (Nelson) MON., 1/22 Potential Annexation Area Interlocal 5 p.m. Agreement with King County *Council Chambers* Approximately Emerging Issues (Economic Development 5:30 p.m. & Transportation); Council Policies *Council Conference Room* COMMUNITY SERVICES MON., 1/22 One Night Count of the Homeless (Corman) 3:30 p.m. (briefing only) FINANCE MON., 1/22 Vouchers; (Persson) 4 p.m. New Positions Descriptions (briefing only); Health Management Administrators Contract Renewal (briefing only); Police Department Lateral Hiring Bonus Program(briefing only) PLANNING& DEVELOPMENT THURS., 1/18 Linn Office Conversion Landscape (Briere) 2 p.m. Variance Appeal *Council Chambers* Approximately Multi-Family Housing Property Tax 3 p.m. Exemption Agreement for The Sanctuary; Multi-Family Housing Property Tax Exemption Agreement for The Reserve *Council Conference Room* PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) WED., 1/17 Airport Financial & Property (Palmer) 4 p.m. Management Options; Interlocal Agreement with King County for Cost Sharing for Traffic Signal at SE 168th & Benson Rd. (briefing only) UTILITIES THURS., 1/18 CANCELLED (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. Doris Yepez, Treasurer and-Founder, Black River Watershed Alliance www.blackriverwatershedalliance.com Photos courtesy of Mike Hamilton Progress Report • City of Renton provided cash-match, using KCD funds, for two of our restoration projects • Restoration projects on City of Renton property, part of BRRF 10D oti P fr King Conservation District • 1; King County Department of • N(VO Natural Resources and Parks Water and Land Resources Division PV44.1r1‘41/(fr 1 Black River Watershed Alliance Goals • Increase community awareness of the Black River • Develop community stewardship of the Black River and of the environment in general • Protect and enhance the wildlife habitat at the Black River • Improve the environmental conditions at the Black River ; Y� to lA -v00- .I (I 1:i r Zig "41:' Projects • Black River Channel Native Plant Restoration Project, Phase 1 and 2 • Black River Buffer Planting • Monitoring of wildlife at Black River Riparian Forest • Free class and group presentations on the Black River fr- • Free school and group field trips through *� =3 ` the Black River Riparian Forest • Booth at open houses / - g .. • Participation in the King County Clean Stream Car Wash Program* 4 '=, � - -• .�. (*Free kit available to groups) +� 1'7: - /nllinn Plum 2 Northeast View of Black River Pump Station and Black River Riparian Forest .. .-. ,- '` �t h _ View from the Northwest ��:.�"' 'a� v!"5..----,.., ,•••••:"*" .eo..+n�` ,.�,_- --Asx. .;.r�,Yf�,�.„,,! �-`*' "Sv� .#�+ - � } a;,n r \ s 'a` r . "'4rt �.+.d'.,` _ MMM +� 3 Great Blue Heron Colony '� '- .4,4_,If t �,- is Proud parent&chicks Carrying a stick during nesting time art Olit,: 1 V A condominium of nests-110 in all Black River Channel Native Plant Restoration Project, Phase I Downstream side of the Black River:Pump Station Begun January 2005 Pre-restoration photos of site r , ; i' i. 1 ; r ;lt ; } t• � ,1i ; 1 , nolft Blackberries on path leading to Black Gravelly field area on Monster Rd.SW River Pump Station 4 Restoration Tasks . 11 Removing invasive plants Removing • Preparing the site for,ecology planting blocks system • dripirrigation 2 years a • Installing . . enndaitnivgethtreeessoil • main PlantingAmand shrubs w- , ..,_,:•-,r0 A.,:".0'4.--:•". _s„,. -, ..,. .5::: - '•,-.';''A -`,..,-,,,----•::, -7....----—_ • taining and _g•.,. ;'4-, •••,...}., _,. monitoring the the site for .4:-- --;:ele- 47?‘ :;.--:-•-'4- ...;,,-40 , ,'NI,„,t':-----,-7.:1— - - ; •..-1-4,:*; --it'k •'-- '''' 4 .'---- . - ,:,v ..* '7 - 0 --', :,). - .• ,... -,-/-, ,' '..,-. ''' „, %-,.-44 i'w / ,s .-- ' J , s. , • k' Step 1 of Phase 1 and bushes areat Construction Co. to 1. Remove blackberry Hired Gesner Cons soil 2. Till the gravelly roots in the field i I 7, , . in,,,,-, 1-"...—it..- ...;..._ ....o.A.,1„..---')- 'RI ,zook,„,. . . ---..7-, -• - ,.•74,-,.., 'A " ' '.:. - --,\.• -...t.1 ---- --- - -,;,....,„.:44--- ).,--: -z- -v.- ) ,• 4, * - -,,,,,- ..---- ,, ,,,,..- —'''1,-..' ' ' . ' •"''''''''' .'14'.v,""' '''', '.".-"- '%,,,,,,-,"......e2P"' tle ww, 5 Step 2 EarthCorps removed blackberries on the riverbank �2— 'f i� .0.1*. 4`� , ',-..,.,.,,,,,,,,,.',,',,:'.--..:,-.,.:, , 0 .,,,.,*.-,-,47,,,,„„Ty.: '34.'..'i�'" '�- 4 ��'',Z-,,-,:1-:,51-•,7-'4%';',37.5:,1;.‘,"::',.Z'''''. . 11.:,:•‘';77,':-.,::'''''-'1*,...:•i! '�T'a , Srt •.,-,,--.•,..:17. c` t : `f 'is, c • ?est ,,` •,.'"• •••...>:;7.,,,'` } t .''' S r ( ,- rR � - .a�=-=:,4�4",? Step 3 Volunteers planted native trees and shrubs January 2005 -�ti �w, ,q�, a _ ;. - „„!, `,1--: t .. , ' fig! 1. -#`4=' `'"it '.-- ` 6 BRWA School,. Field Trips • In conjunction with King'County's Wheels to Water Program, — 5th grade and up 1 . Free bus transportation 2. Free tours of the Wastewater Treatment Plant & Black River Riparian Forest • For younger classes 1 . Free field trip through the Black River Riparian Forest Class Presentations and Field Trips Paid :For Through a Grant from the or- f. ,'• Chinook Middle School Students Searching for Macroinvertebrates - �� "An Indicator of the Health of a Stream" 12 BRWA Plans for the Future • Continue restoration work at the Black River • Continue monitoring of wildlife at the Black River • Continue participation in the Clean Stream program • Continue classroom education and community outreach • Expand school field trip program 0 4 .� � ! • A Ort; S t ria d. x axe: s fF 4�s f -414 a1 a<� w Wish List • A shelter for students • An Education Center at the Black River 9 or rd 5 � ,11100.1 13 C.)ti`SY 0� ADMINISTRATIVE, JUDICIAL, AND , cm) +• LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: January 8, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: COMMUNITY SERVICES DEPARTMENT • Missoula Children's Theatre, one of the most widely respected children's theatre companies in the nation, is bringing Rumplestiltskin to Carco Theatre. Rehearsals will be January 9th through 12th, with performances on Saturday, January 13th, at 3:00 p.m. and 7:00 p.m. Tickets are $10 for adults and $6 for students and seniors and will be available January 11th at the Renton Community Center. Call 425-430-6700 for more information. ECONOMIC DEVELOPMENT, NEIGHBORHOODS, & STRATEGIC PLANNING DEPARTMENT • The City will host a workshop on January 17th for those interested in learning more about the 2007 Neighborhood Grant program and applying for a neighborhood grant. The workshop will be held in the HR Training Room on the 7th floor of Renton City Hall from 6:00 to 8:00 p.m. Grant applications are due February 16th by 5:00 p.m. For more information contact Norma McQuiller, Neighborhood Program Coordinator, at 425-430-6595. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The National Weather Service is forecasting another wind storm to hit the area mid-day tomorrow, January 9th, through mid-day January 10th. In addition to the wind storm, snow fall has been predicted at sea level, followed by freezing temperatures through the end of the week. In preparation for the upcoming weather conditions, City maintenance staff will be de-icing roads within the city limits all day Tuesday and will have sand trucks and snow plows ready to go if needed. A crew of four will be scheduled to start at least two hours prior to the predicted time the storm is forecasted to begin. • An informational workshop and community open house on the Renton Airport Master Plan Update is scheduled for January 16th in the Council Chambers at Renton City Hall. The workshop will be held from 6:30 p.m. to 8:00 p.m., but City of Renton representatives will be available for one-half hour before and one-half hour after the workshop to answer questions and get additional public input. The date for a similar presentation to the Mercer Island community has been rescheduled for January 29th. Interested parties may contact Airport Manager Ryan Zulauf at 425-430-7471 for further information. 4 Administrative Report January 8,2007 Page 2 • About 80 people attended the informational open house regarding pre-zoning and annexation for the East Renton Plateau on Thursday, January 4th, at the Renton Community Center. Staff from every department attended the open house to represent the City and explain the services Renton provides, and what the City's plans are to transition to City services in that area if annexation occurred. Every household received a mailing about the pre-zoning proposal and frequently asked questions about annexations. Voters in East Renton will begin receiving ballots during the week of January 22nd to vote on whether or not residents wish to annex to Renton. • The City has received the engineering, demolition, grading, erosion control, and utility plans, as well as the drainage upgrade plans for the existing and new system for the Seahawks Training Facility. The facility has received an environmental and plan approval and has been issued a Shoreline Development Permit. Approval has been given by DOE to begin construction. • Utility work is on schedule at The Landing despite the weather related challenges that occurred in November and December. CITY OF RENTON COUNCIL AGENDA BILL r AI#: e' s� 144100, Submitting Data: For Agenda of: January 8, 2007 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Civil Service Commission Reappointment: Ordinance Mr. Richard Fischer Resolution Old Business Exhibits: New Business Study Sessions Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Keolker reappoints Mr. Richard Fischer, 833 SW Sunset Blvd, Unit D19, Renton, WA 98057,to the Civil Service Commission for a six-year term, expiring on December 31, 2012. STAFF RECOMMENDATION: Confirm Mayor Keolker's reappointment of Mr. Richard Fischer to the Civil Service Commission. Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL Ain: Submitting Data: For Agenda of: January 8, 2007 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Advisory Commission on Diversity Reappointments: Correspondence.. Mr. Antonio Cube, Sr., Ms. Sandel DeMastus, Mr. Vern Ordinance Nichols, Mr. Charles Thomas, and Ms. Lari White Resolution Old Business Exhibits: New Business Study Sessions N/A Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated tikijj Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker reappoints the following to the Advisory Commission on Diversity: Mr. Antonio Cube, Sr., 17711 160th Ave SE, Renton, WA 98058, for a term expiring 12/31/08; Ms. Sandel DeMastus, 1137 Harrington Ave NE, Renton, WA 98056, for a term expiring 12/31/07; Mr. Vern Nichols, 194 Monterey PINE, Renton, WA 98056, for a term expiring 12/31/08; Mr. Charles Thomas, 4408 NE 11th St, Renton, WA 98059, for a term expiring 12/31/07; and Ms. Lan White, 1315 S. Puget Dr, C-21, Renton, WA 98055, for a term expiring 12/31/08. STAFF RECOMMENDATION: Confirm Mayor Keolker's reappointments of Mr. Antonio Cube, Sr, Ms. Sandel DeMastus, Mr. Vern Nichols, Mr. Charles Thomas, and Ms. Lari White to the Advisory Commission on Diversity. Rentonnet/agnbill/ bh M'r CITY OF RENTON COUNCIL AGENDA BILL I AI#: /` _1 Li Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk January 8, 2007 Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing.. Designating City's Official Newspaper Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Resolution Study Sessions Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Expenditure Required... N/A Transfer/Amendment Amount Budgeted $7,600. (2007) Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Since adoption of Resolution No. 3470 on October 9, 2000, the King County Journal has served as the City's designated official newspaper. Recently the City has been informed that as of January 22, 2007, the King County Journal daily newspaper will cease being published. To provide the service of the official newspaper, a Call for Bid process will commence, and is expected to be completed by early or mid-February 2007. Upon completion of the bid process, a Resolution will be submitted to Council for adoption to designate the new official newspaper pursuant to RCW 35A.21.230. Until the bid process can be completed, it is necessary to designate an Interim Official Newspaper for purpose of publishing the City's legal notices. Since the City has been informed that as of January 24, 2006, the Renton Reporter will increase publication from twice monthly to twice weekly(every Wednesday and Saturday), thus meeting the necessary legal requirement for frequency of publication, it is recommended that the Renton Reporter be designated as the Interim Official Newspaper for the City of Renton. STAFF RECOMMENDATION: Designate the Renton Reporter as the Interim Official Newspaper, and adopt the Resolution. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DESIGNATING THE RENTON REPORTER AS THE CITY'S INTERIM OFFICIAL NEWSPAPER. WHEREAS, pursuant to Section 35A.21.230 of the Revised Code of Washington (RCW), each code city shall designate by resolution which newspaper shall be the official newspaper of general circulation in the City and shall have the qualifications prescribed by Chapter 65.16 RCW; and WHEREAS, the City of Renton has designated the King County Journal as its official newspaper; and WHEREAS, the King County Journal is scheduled to terminate its daily publications on Now January 21, 2007; and WHEREAS, it is appropriate for the City of Renton to designate, on an interim basis, another newspaper to serve as its official newspaper while the administration commences a Call for Bids for selection of its official newspaper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION IL The Renton Reporter is designated as the interim official newspaper for the City of Renton, effective January 22, 2007. %ow 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2007. °nrr0 Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1231:01/03/06:ma 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: kitie Submitting Data: Planning/Building/Public Works For Agenda of: January 8, 2007 Dept/Div/Board.. Development Services Division Staff Contact Juliana Fries x:7278 Agenda Status Consent X Subject: Public Hearing.. AMBERWOOD II FINAL PLAT Correspondence.. File No. LUA 06-059,FP (LUA 04-117, PP) Ordinance X 4.2 acres located at 6135 NE 4th Street. Resolution Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and recommendation Information Recommended Action: Approvals: Legal Dept X Council concur Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. Amberwood II divides 4.2 acres into 17 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Planning/Building/Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording of the plat. STAFF RECOMMENDATION: 1. Approve Amberwood II Final Plat, LUA 06-059, FP, with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (AMBERWOOD II; FILE NO. LUA 06-059 FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or '`"' roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 4.2 acres, is located at 6135 NE 4th St.) 1 RESOLUTION NO. is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated December 22, 2006. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: , Lawrence J. Warren, City Attorney RES.123 0:01/02/07:ma vasof 2 CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No: 04027 12/20/06 Legal Description Parcel A: Lot 1 of King County Short Plat Number 1075015, according to short plat recorded November 4, 1976 under Recording Number 7611040904, records of King County, Washington. Parcel B Lot 2 of King County Short Plat Number 1075015, according to short plat recorded November 4, 1976 under Recording Number 7611040904, records of King County, Washington. Parcel C The north half of the northeast quarter of the northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; Now Except the east 1166.01 feet thereof, as measured along the north line thereof; And Except the north 42 feet thereof conveyed to King County for road purposes by deed recorded under Recording Number 5758686; And except that portion conveyed to the City of Renton by that deed recorded April 25, 2006 under Recording No. 20060425002141. Parcel D Tract 999, Plat of Amberwood, according to the Plat thereof recorded in Volume 207 of Plats, Pages 90 through 92, Records of King, County, Washington; And except that portion conveyed to the City of Renton by that deed recorded April 25, 2006 under Recording No. 20060425002141. 04027L01.doc, 12/20/06, page 1 0 5 4 3 ��� 2 5\30-1 li VTQ 0\-,,ySA i.,,,,,,,_9. ro 8 9 10 11 4 RENTON ell NE 4T1-1.ST. (SE 128T1-1 ST) pri N0 9-9 '. GREENWOOD 4 ly; CEMETERY W 11 Z I1 CD 16 15 z 14 CEDAR 4/ MAPLEWOOD �%P GOLF COURSE AMBERWOOD // /I VICINITY MAP © >" _ 30002- C RE 14711 NE 29th Place,#101 ellevue,Washington 98007 25.885.7877 Fax 425.885.7963 DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO_ 04027 New. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Stephen Shrei Amberwood II Final Plat. File: LUA 06-059FP LOCATION: East of Rosario Ave NE and South of NE 4th St. Section 14,Twp. 23 N., Rng 5 E. SUMMARY OF REQUEST: Final Plat for 17 single-family residential lots with water, sanitary sewer, storm, street and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Noe Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Stephen Shrei, filed a request for approval of Amberwood II, a 17 single- family residential lots Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on November 16, 2004 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located east of Rosario Ave NE and south of NE 4th Street. The new plat is located in Section 14, Twp. 23 N.,Rng 5 E.,W.M. 6. The subject site is comprised of 3 parcels totaling 4.2 acres. 7. The Preliminary Plat (LUA-04-117) was approved by the City of Renton Council on April 11, 2005. 8. The site is currently zoned as 4 DU/AC (R-4). City Council approved the reclassification of this site from R-1 to R-4, subject to R-5 density and development standards. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: 1. The applicant shall comply with the Geotechnical Engineering Study prepared by Earth Consultants, Inc., dated May 20, 2004, regarding "Site Preparation and General Earthwork". The applicant complied with the condition during plat improvements construction and utility work. 2. The project shall be required to be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Stormwater Management Manual. The project design and construction complies with the DOE requirements for Erosion and Sediment Control. 3. The project shall comply with the 1998 King County Surface Water Design Manual to meet both detention(Level 2 flow control)and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2—for detention and basic water quality. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Credit to be given for the existing two lots. The fee shall be paid prior to the recording of the final plat. Fire Mitigation Fee will be paid prior to recording. 5. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit to be given for the existing two lots. The fee shall be paid prior to the recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family Credit to be given for the existing two lots. The fee shall be paid prior to the recording of the final plat. Parks Mitigation Fee will be paid prior to recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. The conditions have been imposed by the Hearing Examiner and changed by the City Council: 1. The applicant shall comply with conditions imposed by ERC. Applicant complied with the above ERC conditions 2. The applicant shall dedicate sufficient property to allow a consistent alignment along NE 4th St adjacent to the plat. The alignment of NE 4th St has been maintained consistent with the right-of-way width to the west of the project. Also dedication of right-of-way at the intersection of Rosario Ave NE and NE 4th Street has been completed in conjunction with the vacation of a small portion of right-of-way, to allow for a future bus pull out. 3. In consultation with staff and a certified arborist, the applicant should preserve some of the larger trees that do not immediately lie in the way of building pads or road rights of way. If possible, because of the small lots. The applicant has preserved the large trees, with the exception of one of them, that felt during the recent unusual strong windstorms. The applicant will mitigate for the tree,according to City Code. 4. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. All buildings have been demolished and the permits have been finaled. S. A sign shall be installed at the stub road, NE 3'd Ct., that informs residents of the plat that the road would be extended to the east in the future and carry through-traffic. The sign shall be installed prior to recording of the final plat. The sign"Future Through Street"has been installed at the end of the stub road. "o.► 6. 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 all shared improvements, including fences, landscaping, utilities, private easements, etc. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. A Homeowners Association has been created and the Declaration of Covenants, Conditions and Restrictions has been reviewed by the City Attorney and Development Services,and includes the referenced maintenance responsibilities. 7. The applicant shall install a modulated, decorative fence, with irrigated landscaping along the entire plat's frontage with NE 4th St. All fencing shall be located and designed not to interfere with sight distances at the intersections of public streets. The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. The fence and landscaping shall be installed prior to recording of the final plat. The applicant shall comply with the R-4 landscaping requirements. A landscape plan has been submitted and has been reviewed by Development Services — Planning. The fencing and landscaping will be installed prior to recording of the plat. 8. The applicant shall install a fence of quality material (no chain-link, if possible) with a landscaped visual barrier that includes plant materials, which would provide year round dense screen within three (3) years from the time of planting along the entire `141.0, perimeter of Tract A (storm drainage facility). The applicant shall submit a landscape plan and fence design to the City's Development Services Division for review and approval prior to installation. All fences and landscaping shall be installed prior to recording of the final plat. A landscape plan has been provided and has been reviewed by Development Services. The fence and landscaping around the pond will be installed prior to recording of the plat. 9. The applicant shall pay the appropriate Issaquah School District Mitigation fee of $2,937.00 per new single-family lot. The Issaquah School District Mitigation fee will be paid prior to each building permit. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 22nd DAY OF DECEMBER,2006 L (JJJLIANA FRI DEVELOPMENT SERVICES DIVISION cc: Kayren Kittrick LUA-06-059-FP CORE DESIGN, INC. Nap- BELLEVUE WA 98007 Core Project No: 04027 12/20/06 Legal Description Parcel A: Lot 1 of King County Short Plat Number 1075015, according to short plat recorded November 4, 1976 under Recording Number 7611040904, records of King County, Washington. Parcel B Lot 2 of King County Short Plat Number 1075015, according to short plat recorded November 4, 1976 under Recording Number 7611040904, records of King County, Washington. Parcel C The north half of the northeast quarter of the northwest quarter of Section 14, Township 23 Now North, Range 5 East, W.M., in King County, Washington; Except the east 1166.01 feet thereof, as measured along the north line thereof; And Except the north 42 feet thereof conveyed to King County for road purposes by deed recorded under Recording Number 5758686; And except that portion conveyed to the City of Renton by that deed recorded April 25, 2006 under Recording No. 20060425002141. Parcel D Tract 999, Plat of Amberwood, according to the Plat thereof recorded in Volume 207 of Plats, Pages 90 through 92, Records of King, County, Washington; And except that portion conveyed to the City of Renton by that deed recorded April 25, 2006 under Recording No. 20060425002141. 04027L01.doc, 12/20/06, page 1 Naito 5 4 3 2 NESpy.ix PGoPaP°. .. m 9 10 11 RENTON NE 4114.ST. eille6wISE 12871-I 8T) 51 N.63 GREENUJOOD 4 CEMETERY W z I� 16 15 Z 14 '''141144- CEDAR 44.4 MAPLEUIOOD `R GOLF COURSE AMBERWOOD 11 VICINITY MAP la = 30002- CORE 14711 NE 29th Place,#101 COI�E 8 llevue,5.88 . Was877 Fa 98007 425.885.7877 Fax 425.885.7963 liampooer DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO_ 04027 ;, y�rr N.E. 4TH ST. 1 2 3 4 5 17 6 16 7 15 8 14 g 10 TRACT A 13 12 11 AMBERWOOD OVERALL PLAT PLAN NOT TO SCALE CORE 14711 NE 29th Place,#101 Bellevue, 98007 425.885.7877877 Fax 425.885.7963 425.885.7963 DESIGN ENGINEERING • PLANNING • SURVEYING New" JOB NO_ 04027 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: 1//8/2007 Dept/Div/Board.. EDNSP Staff Contact Mark Santos-Johnson Agenda Status Ext. 6584 Consent X Subject: Public Hearing.. Multi-Family Housing Property Tax Exemption Correspondence.. Agreement—The Sanctuary Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment N/A Amount Budgeted N/A Revenue Generated N/A L,' Total Project Budget N/A City Share Total Project.. N/A SUMMARY OF ACTION: In December 2003, the Council established a property tax exemption incentive to encourage multi-family housing development in designated residential targeted areas. In November 2006, the City received a Multi-Family Housing Property Tax Exemption application for The Sanctuary in the South Lake Washington designated residential targeted area. The Sanctuary is the first phase of Fairfield Residential's mixed-use residential development at The Landing. As provided for in RMC 4-1-220, the EDNSP Administrator needs to approve or deny the Multi-Family Housing Property Tax Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for The Sanctuary project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the EDNSP Administrator intends to approve the Multi-Family Housing Property Tax Exemption application for The Sanctuary project. STAFF RECOMMENDATION: Approve a Multi-Family Housing Property Tax Exemption Agreement that addresses the terms and conditions for a partial property tax exemption upon completion of The Sanctuary project and authorize the Mayor and City Clerk to execute said agreement in substantially the same form. ECONOMIC DEVELOPMENT, NEIGHBORHOODS y , U ,, AND STRATEGIC PLANNING DEPARTMENT c' 'eP° M E M O R A N D U M DATE: January 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: V Mayor Kathy Keolker �� FROM: Alex Pietsch, Administrator R"C,`' ` STAFF CONTACT: Mark Santos-Johnson, Economic Development Specialist ext. 6584 SUBJECT: Multi-Family Housing Property Tax Exemption Agreement —The Sanctuary ISSUE: In November 2006, the City received a Multi-Family Housing Property Tax Exemption ("Exemption") application for The Sanctuary in the South Lake Washington designated residential targeted area. The Sanctuary is the first phase of Fairfield Residential's mixed-use residential development at The Landing. As provided for in RMC 4-1-220, the EDNSP Administrator needs to approve or deny the Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for The Sanctuary project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the EDNSP Administrator intends to approve the Exemption application for The Sanctuary project. RECOMMENDATION: EDNSP recommends that the Council: (1) approve an Exemption Agreement that addresses the terms and conditions for The Sanctuary to receive a partial property tax exemption upon completion; and (2) authorize the Mayor and City Clerk to execute said agreement in substantially the same form. BACKGROUND SUMMARY: As authorized by Chapter 84.14 RCW, the Council adopted Ordinance 5061 on December 22, 2003, Ordinance 5151 on August 1, 2005, Ordinance 5192 on January 23, 2006, and Ordinance 5249 on December 11, 2006, to establish and subsequently amend a property tax exemption incentive (codified in RMC 4-1-220) to encourage multi-family housing development in the 'time following designated residential targeted areas: h:\ednsp\council\issue papers-agenda bills-ctte reports\2007\issuepaper-mfhpte agreement-the sanctuary draft 1-2-07.doc Multi-Family Housing Property Tax Exemption Page 2 of 3 Agreement—The Sanctuary January 2,2007 Highlands: Within the Center Village Comprehensive Plan designation: Center Village(CV) zone, Residential Multi-Family(RM-F) zone, or Residential 10 du/ac (R-10) zone Downtown: Center Downtown(CD) zone, Residential Multi-Family Urban Center(RM-U) zone, or Residential Multi-Family Traditional(RM-T)zone South Lake Washington: Urban Center North District 1 (UC-N1) zone or properties within the Urban Center North District 2 (UC-N2)zone that were designated as eligible for exemption by Ordinance 5151 and developed with a residential multi-family project vested to the requirements of the Commercial Office Residential 3 (COR 3)zone. As outlined in Chapter 84.14 RCW and RMC 4-1-220, the Exemption provision allows the value of qualified new housing construction to be exempt from ad valorem property taxation for ten successive years after completion of the project. However, the exemption does not include the value of the land, existing improvements or non-housing-related improvements (e.g., commercial space). The exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state, and all local taxing districts. The exemption is in addition to any other tax credits, grants, or incentives provided by law for the multi-family housing. The City received an Exemption application for The Sanctuary on November 7, 2006. The Sanctuary is a mixed-use residential rental project located near the intersection of North 10th Street and Park Avenue North at The Landing. The project has two six-story buildings (five stories over two levels of structured parking), 440 apartment units, 455,666 sf of residential space, 24,249 sf of non-residential space (including 16,453 sf of retail space and 7,796 sf of clubhouse space), and 765 parking spaces in 240,886 sf of below grade and first-level structured parking. Please see Attachment 1 for additional project information and the potential projected property tax exemption for the project and Attachment 2 for a related map. The estimated potential property tax savings related to the Exemption are approximately$824,211 per year($8,242,105 for the ten-year period) for The Sanctuary project. This equates to a potential property tax savings of approximately$1,873 per year per housing unit($18,732 per housing unit for the ten-year period). The City of Renton's portion of the above estimated potential property tax savings related to the Exemption is approximately$214,983 per year($2,149,833 for the ten-year period) for The Sanctuary project. Although the City will receive additional property tax revenue from any increased assessed value for the land as a result of the new construction on site, the City will not receive property tax revenue from the residential improvements until after the ten-year property tax exemption period. As part of the City's Exemption application, applicants are invited to comment on whether the ability to obtain a property tax exemption for their project made a difference in their decision to develop the project. For The Sanctuary, the applicant noted: NIS h:\ednsp\council\issue papers-agenda bills-cue reports\2007\issuepaper-mfhpte agreement-the sanctuary draft 1-2-07.doc Multi-Family Housing Property Tax Exemption Page 3 of 3 Agreement—The Sanctuary January 2,2007 "Yes, it did. The exemption was very important to our construction lender due to the rising construction costs and the high cost of land improvements... (and) the need to construct the project on pilings." The project paid a$500 initial application fee and satisfies the City's Exemption eligibility requirements as outlined in RMC 4-1-220D: • The multi-family housing units are located in one or more new buildings designed for permanent residential occupancy, each with four or more dwelling units; • The project is located in the Urban Center North District 1 (UC-N1) zone as part of the South Lake Washington designated residential targeted area; • The project is located in a mixed-use development; and • The project consists of a minimum of 30 dwelling units. As provided for in RMC 4-1-220F, the EDNSP Administrator needs to approve or deny the Exemption application within 90 days of receipt and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for The Sanctuary project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the EDNSP Administrator intends to approve the application for The Sanctuary project. Please see Attachment 3 for the proposed Exemption Agreement for The Sanctuary. The Sanctuary project will expand the housing opportunities in South Lake Washington, increase the population in the Urban Center North Comprehensive Plan designated area to help support existing and future businesses in the area, and thereby assist the City's efforts to create a vibrant mix of residential and retail opportunities amid other uses in South Lake Washington. CONCLUSION: Renton's Multi-Family Housing Property Tax Exemption program was established to help increase housing opportunities in designated residential targeted areas, including South Lake Washington. The Sanctuary project will provide an additional 440 apartment units in South Lake Washington and further the City's 2006-2011 Business Plan Goals. Enc: Attachment 1-The Sanctuary Project Information and Potential Projected Multi-Family Housing Property Tax Exemption Attachment 2-Proposed Project for Multi-Family Housing Property Tax Exemption map Attachment 3 -Multi-Family Housing Property Tax Exemption Agreement for The Sanctuary cc: Jay Covington,CAO Bonnie Walton, City Clerk Michael Bailey,Finance&IS Administrator Gregg Zimmerman,PB/PW Administrator Neil Watts,Development Services Director h:\ednsp\council\issue papers-agenda bills-cue reports\2007\issuepaper-mfhpte agreement-the sanctuary draft 1-2-07.doc Attachment 1 The Sanctuary Project Information and Potential Projected Multi-Family Housing Property Tax Exemption Based on City's Projected Assessed Values for Project December 29,2006 Project Information(Based on Information Provided by Applicant) Project Name The Sanctuary Street Address TBD(Near the intersection of North 10th Street and Park Avenue North) Owner Fairfield Lakeshore I L.P. Residential Targeted Area South Lake Washington Zoning Urban Center North District 1 (UC-N1) Mixed-use project with two six-story buildings(five stories over two levels of structured parking),440 apartment units,455,666 sf of residential space,24,249 sf of non-residential space(including 16,453 sf of retail space and 7,796 sf of clubhouse space),and 765 parking spaces in 240,886 sf of below grade and first- Brief Project Description level structured parking. Estimated Construction Start Date November 2006 Estimated Completion Date January 2009 Type of Project Mixed-Use(apartments and retail) Residential Unit Breakdown Area(Range in SF) Studio Apartments 85 584 to 593 One-Bedroom Apartments 203 708 to 968 Two-Bedroom Apartments 152 1022 to 1280 Three-Bedroom Apartments 0 Studio Town House 0 One-Bedroom Town House 0 Two-Bedroom Town House 0 Three-Bedroom Town House 0 Total Residential Units 440 Planned Building Improvements Residential Units SF 375,364 Residential Common Areas SF 80,302 Residential Structured Parking SF 240,886 Sub-Total Residential SF 696,552 Non-Residential SF 16,453 Retail Non-Residential Common Area SF 7,796 Clubhouse Non-Residential Structured Parking SF 0 Retail Sub-Total Non-Residential SF 24,249 Total Residential&Non-Residential SF 720,801 Residential Percentage of Project 96.64% Retail/Commercial Percentage of Project 3.36% Parking Stalls Residential Non-Residential Total Structured Parking 765 0 765 Surface Parking 0 0 0 Totals 765 0 765 Projected Total Cost of All Improvements(New Construction/Rehabilitation) $92,000,000 Projected Cost of Residential Improvements $90,500,000 Projected Cost of Residential Improvements per Housing Unit $205,682 Projected Cost of Residential Improvements per SF $129.93 Projected Cost of Non-Residential Improvements $1,500,000 Current Assessed Value(from King County Assessor's Office online records) `fir• Land SF 188,401 Current Assessed Value for Land(2006) $2,509,900 Current Assessed Value for Land per SF $13.32 Current Assessed Value for Improvements $0 The Sanctuary Projected Property Tax Calculation Estimated Assessed Value for Land after (Reflects current land value but subject to increase based on Construction/Rehabilitation $2,509,900 increased improvements to site) Estimated Assessed Value for All Improvements after Construction/Rehabilitation $69,000,000(Estimated by City at 75%of projected construction costs) Total Estimated Assessed Value for Land&All Improvements after Construction/Rehabilitation $71,509,900(Estimated by City at 75%of projected construction costs) Estimated Assessed Value for Residential Improvements after Construction $67,875,000 (Estimated by City at 75%of projected construction costs) Estimated Assessed Value for All Improvements per Housing Unit $156,818 Estimated Assessed Value for Non-Residential Improvements after Construction $1,125,000(Estimated by City at 75%of projected construction costs) Projected 2006 Rate Estimated Estimated Property Total Estimated per$1,000 of Estimated Property Tax Tax for Non- Property Tax iiiIrr' Breakdown of Projected Property Tax Assessed Property Tax for for Residential Residential (Land& (Based on Projected 2006 Property Tax Rates) Value Land Improvements Improvements Improvements) City of Renton-General Levy 3.04482 $7,642 $210,093 $3,425 $221,160 City of Renton-Special Levy 0.07088 $178 $4,891 $80 $5,148 Total City of Renton property tax 3.11570 $7,820 $214,983 $3,505 $226,309 King County 1.32869 $3,335 $91,680 $1,495 $96,509 Port of Seattle 0.23330 $586 $16,098 $262 $16,946 Hospital District#1 0.59000 $1,481 $40,710 $664 $42,855 Renton School District#403 3.95970 $9,938 $273,219 $4,455 $287,612 State of Washington School Fund 2.49787 $6,269 $172,353 $2,810 $181,433 Emergency Medical Service 0.21982 $552 $15,168 $247 $15,967 Sub-total other property tax 8.82938 $22,161 $609,227 $9,933 $641,321 Total Property Tax 11.94508 $29,981 $824,211 $13,438 $867,630 Estimated Annual Property Tax per Housing Unit $68 $1,873 $31 $1,972 Pt 1 4c � r¢f s "-� Er , a ' . 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' I rr wi i , 1 ♦�,♦.4. 1 c p II■IIIIIIIgl1iL1151W1y1Q Dp5 VIM My 4, .♦♦♦ `� �, (. . , f ry���Ij.C.anI, : ��� ��`�11C11117u111.'7■ I� # 12 r Li:- �#11., �� IN LW War ii ��Alli an F= .'i iw��i�x'13��1i®®i. / 1 r �� � �111:1111 I�. b i�°epi%i�4f,17 < �amy�'a °piPI11114j f1. i►o��♦�i��i'�� t11 f`�65�- Ai�■ eu�. o° ��� a of n�g.•oil�e t� \ : Pyy4y , �1�`.101:11'�O % M.vos N14„ gilligir Npringinuattuovulos O. .�• S ���a\‘� `she ,,',,��`��,,�1r�ilft,�'���fr ,�y+ , Elia EiikI .. i. ` • = 11 w� `VIII■Iji r , •,�I�•1 11.1 W=iicr-..III I\111■i 1.I►��III���`j'� 11 Ell Esten■IL'EC OP M. 4Inn.-� .Itl�i %L11\1}104 All I Proposed Project for Multi-Family Housing Residential Targeted Areas: Property Tax Exemption Downtown •*t�Y •!, Economic Development,Neighborhoods&Strategic Planning ., Highlands • Alex Retsc6,Admtmstrator �,'`/ 8oe e�z South Lake Washington Attachment 3 MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR THE SANCTUARY THIS AGREEMENT is entered into this day of , 200 by and between FAIRFIELD LAKESHORE I L.P. (hereinafter collectively referred to as the "Applicant"), and the CITY OF RENTON, a municipal corporation (hereinafter referred to as the "City"). Recitals. 1. Applicant has applied to the City for a limited property tax exemption as provided for in Chapter 84.14 RCW and RMC 4-1-220 for multi-family housing residential for-sale housing located in the Urban Center North District 1 (UC-N1) zone as part of the South Lake Washington residential targeted area and the Economic Development, Neighborhoods and Strategic Planning Department Administrator has approved the application; and 2. Applicant has submitted to the City preliminary site plans, floor plans and elevations for The Sanctuary with four hundred forty (440) new multi-family housing units (hereinafter referred to as the "Project") on property situated near the intersection of North 10th Street and Park Avenue North, Renton, Washington, and more fully described in Exhibit A attached hereto, (hereinafter referred to as the "Property"); and 3. Applicant is the owner of the Property; and 4. The City has determined that the Project will, if developed as proposed, satisfy the requirements for a Final Certificate of Tax Exemption. NOW, THEREFORE, the City and Applicant do mutually agree as follows: 1. Conditional Certificate of Acceptance of Tax Exemption City agrees, upon execution of this Agreement following approval by the City Council, to issue a Conditional Certificate of Acceptance of Tax Exemption, which conditional certificate shall expire three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator of the Economic Development, Neighborhoods and Strategic Planning Department (or any other City rrr Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 1 office, department or agency that shall succeed to its functions), or his or her designee, ,, (hereafter referred to as "Administrator") as provided in RMC 4-1-2201. 2. Agreement to Construct Multi-Family Housing. a. Applicant agrees to construct the Project on the Property substantially as described in the site plans, floor plans, and elevations on file with the City's Economic Development, Neighborhoods and Strategic Planning Department or its functional successor (hereafter referred to as "Department") as of the date of the City Council's approval of this Agreement, subject to such modifications thereto as may be required to comply with applicable codes and ordinances; provided, that in no event shall such construction provide fewer than thirty (30) new multi-family housing dwelling units designed for permanent residential occupancy. b. Applicant agrees to construct the Project on the Property to comply with all applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the City's development regulations in Title IV of the RMC and the City's applicable design standards and guidelines. The Applicant further agrees that approval of this Agreement by the City Council, its execution by the Mayor, or issuance of a Conditional Certificate of Acceptance of Tax Exemption by the City pursuant to RMC 4-1-220F3 in no way constitutes approval of proposed improvements on the Property with respect to applicable provisions of the City's development regulations included in Title IV of the RMC or any other applicable regulation or obligates the City to approve proposed improvements to the Property. c. Applicant agrees that the Project will be completed within three years from the date of approval of this Agreement by the Council, unless extended by the Administrator for cause as provided in RMC 4-1-2201. 3. Requirements for Final Certificate of Tax Exemption. Applicant may, upon completion of the Project and upon issuance by the City of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, request a Final Certificate of Tax Exemption. The request shall be in writing directed to the Administrator and be accompanied by the following: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire Project and Property; Multi-Family Housing Property Tax Exemption Agreement The Sanctuary- p.2 ___ b. A description of the completed work and a statement of qualification for the multi-family housing property tax exemption; c. A statement that the Project was completed within the required three-year period or any authorized extension and documentation that the Project was completed in compliance with the terms of this Agreement; and d. Any such further information that the Administrator deems necessary or useful to evaluate the Project's eligibility for the Final Certificate of Tax Exemption. 4. Agreement to Issue Final Certificate of Tax Exemption. The City agrees to file a Final Certificate of Tax Exemption with the King County Assessor within forty (40) days of submission by the Applicant of all materials required by paragraph 3 above, if Applicant has: a. Successfully completed the Project in accordance with the terms of this Agreement and RMC 4-1-220; b. Filed a request with the City for a Final Certificate of Tax Exemption with the Administrator and submitted the materials described in Paragraph 3 above ; N..►. c. Paid the City a fee in the amount of two hundred and fifty dollars ($250.00); and d. Met all other requirements provided in RMC 4-1-220 for issuance of the Final Certificate of Tax Exemption. 5. Annual Certification. Within thirty (30) days after the first anniversary of the date the City filed the Final Certificate of Tax Exemption and each year thereafter for a period of ten (10) years, Applicant agrees to file a certification or declaration with the Administrator, verified upon oath or affirmation, with respect to the accuracy of the information provided therein, containing the following: a. A statement of the occupancy and vacancy of the multi-family housing units during the previous year; b. A certification that the multi-family housing units, Project and Property have not changed use since the date of filing of the Final Certificate of Tax Exemption, Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 3 err►' c. A statement that the multi-family housing units, Project and Property continue to be in compliance with this Agreement and the requirements of RMC 4-1- 220; d. A description of any improvements or changes to the Project made after the filing of the Final Certificate or the most recent certification; and e. Any such further information that the Administrator deems necessary or useful to evaluate eligibility for the Final Certificate of Tax Exemption. 6. No Violations for Duration of Exemption. For the duration of the property tax exemption granted under RMC 4-1-220, Applicant agrees that the Project and the Property will have no violations of applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the development regulations in Title IV of the RMC, for which the Planning, Building and Public Works Department or its functional successor shall have issued a notice of violation, citation or other notification that is not resolved by a certificate of compliance, certificate of release, withdrawal or otherwise, within the time period for compliance, if any, provided in such notice of violation, citation or other notification or any extension of the time period for compliance granted by the Planning, Building and Public Works Department. 7. Notification of Transfer of Interest or Change in Use. Applicant agrees to notify the Administrator within thirty (30) days of any transfer of Applicant's ownership interest in the Project, the Property or any improvements made to the Property. Applicant further agrees to notify the Administrator and the King County Assessor within sixty (60) days of any change of use of any or all of the multi- family housing units on the Property to another use. Applicant acknowledges that such a change in use may result in cancellation of the property tax exemption and imposition of additional taxes, interest and penalty pursuant to State law. 8. Cancellation of Exemption - Appeal. a. The City reserves the right to cancel the Final Certificate of Tax Exemption if at any time the multi-family housing units, the Project or the Property no longer complies with the terms of this Agreement or with the requirements of RMC 4-1- 220, or for any other reason no longer qualifies for a property tax exemption. Multi-Family Housing Property Tax Exemption Agreement The Sanctuary- p.4 • b. If the property tax exemption is canceled for non-compliance, Applicant acknowledges that state law requires that an additional real property tax is to be imposed in the amount of: [a} the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements, dated back to the date that the improvements became nonqualifying; [b] a penalty of 20% of the difference calculated under paragraph (a) of this paragraph 8; [c] interest at the statutory rate on delinquent property taxes and penalties, calculated from the date the tax would have been due without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.14 RCW and RMC 4-1-220. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, become a lien on the Property and attach at the time the Property or portion of the Property is removed from multi- family housing use, and that the lien has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the Property may become charged or liable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. c. Upon determining that a tax exemption is to be canceled, the Administrator shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination in accordance with RMC 4-1-220L2. Now9. Amendments. No modification of this Agreement shall be made unless mutually agreed upon by the parties in writing and unless in compliance with the provisions of RMC 4-1-220H, including but not limited to the Applicant's payment of a two hundred and fifty dollars ($250.00) contract amendment fee. 10. Binding Effect. The provisions, covenants, and conditions contained in this Agreement are binding upon the parties hereto and their legal heirs, representatives, successors, assigns, and subsidiaries. 11. Recording of Agreement. The Administrator shall cause to be recorded at the Applicant's expense, or require Applicant to record, in the real property records of the King County Department of Records and Elections, this Agreement and any other documents as will identify such Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 5 terms and conditions of eligibility for exemption as the Administrator deems appropriate for recording. 12. Audits and Inspection of Records. Applicant understands and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and RMC 4-1-220 and to perform evaluations of the effectiveness of the multi-family housing property tax exemption program. Applicant agrees to make appropriate records available for review or audit upon seven days' written notice by the City. 13. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within normal business hours, when actually received by facsimile transmission, or two business days after having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. APPLICANT: Fairfield Lakeshore I L.P. 19401 40th Avenue West Suite 280 Lynnwood, WA 98036 Phone: 425-640-9242; Fax: 425-640-9240 Attention: Mark Faulkner CITY: City of Renton Economic Development, Neighborhoods and Strategic Planning 1055 South Grady Way Renton, Washington 98055 Phone: (425)430-6592 Fax: (425) 430-7300 Attention: Administrator 14. Severability. In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting terms or clause, and to this end, the terms of the Agreement are declared to be severable. Multi-Family Housing Property Tax Exemption Agreement The Sanctuary- p. 6 N,, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY OF RENTON Kathy Keolker, Mayor APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk FAIRFIELD LAKESHORE I L.P. A Dellaware Limited Partnership By: FAIRFIELD PROPERTIES, LP By: Mark Faulkner, Vice President Multi-Family Housing Property Tax Exemption Agreement The Sanctuary- p. 7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Kathy Keolker, to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath stated that she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC Printed Name: Residing at My commission expires [notary seal] Multi-Family Housing Property Tax Exemption Agreement The Sanctuary- p. 8 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Mark Faulkner, to me known to be the Vice President of Fairfield Properties LP, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC Printed Name: Residing at My commission expires stkiw [notary seal] Multi-Family Housing Property Tax Exemption Agreement The Sanctuary-p. 9 %r MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION LOT 2 OF CITY OF RENTON LLA 06-004 LOT 2A SHORT SUBDIVISION, RECORDED UNDER KING COUNTY RECORDING NO. 20060822900013. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Multi-Family Housing Property Tax Exemption Agreement Exhibit A—Legal Description The Sanctuary-p. i *44010 CITY OF RENTON COUNCIL AGENDA BILL vl b I AI#: Submitting Data: For Agenda of: 1//8/2007 %ow, Dept/Div/Board.. EDNSP Staff Contact Mark Santos-Johnson Agenda Status Ext. 6584 Consent X Subject: Public Hearing.. Multi-Family Housing Property Tax Exemption Correspondence.. Agreement—The Reserve Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment N/A Amount Budgeted N/A Revenue Generated N/A Total Project Budget N/A City Share Total ProjectN/A SUMMARY OF ACTION: In December 2003, the Council established a property tax exemption incentive to encourage multi-family housing development in designated residential targeted areas. In November 2006, the City received a Multi-Family Housing Property Tax Exemption application for The Reserve in the South Lake Washington designated residential targeted area. The Reserve is the second phase of Fairfield Residential's mixed-use residential development at The Landing. As provided for in RMC 4-1-220,the EDNSP Administrator needs to approve or deny the Multi-Family Housing Property Tax Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for The Reserve project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the EDNSP Administrator intends to approve the Multi-Family Housing Property Tax Exemption application for The Reserve project. STAFF RECOMMENDATION: Approve a Multi-Family Housing Property Tax Exemption Agreement that addresses the terms and conditions for a partial property tax exemption upon completion of The Reserve project and authorize the Mayor and City Clerk to execute said agreement in substantially the same form. (cy �� ECONOMIC DEVELOPMENT, NEIGHBORHOODS, C F. AND STRATEGIC PLANNING DEPARTMENT • � � • ��N�o� MEMORANDUM DATE: January 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: . Mayor Kathyeolker Y FROM: Alex Pietsch, Administrator pwe STAFF CONTACT: Mark Santos-Johnson, Economic Development Specialist ext. 6584 SUBJECT: Multi-Family Housing Property Tax Exemption Agreement —The Reserve ISSUE: In November 2006, the City received a Multi-Family Housing Property Tax Exemption ("Exemption") application for The Reserve in the South Lake Washington designated residential targeted area. The Reserve is the second phase of Fairfield Residential's mixed-use residential development at The Landing. As provided for in RMC 4-1-220, the EDNSP Administrator needs to approve or deny the Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the teens and conditions for The Reserve project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the EDNSP Administrator intends to approve the Exemption application for The Reserve project. RECOMMENDATION: EDNSP recommends that the Council: (1) approve an Exemption Agreement that addresses the terms and conditions for The Reserve to receive a partial property tax exemption upon completion; and (2) authorize the Mayor and City Clerk to execute said agreement in substantially the same form. BACKGROUND SUMMARY: As authorized by Chapter 84.14 RCW, the Council adopted Ordinance 5061 on December 22, 2003, Ordinance 5151 on August 1, 2005, Ordinance 5192 on January 23, 2006, and Ordinance 5249 on December 11, 2006, to establish and subsequently amend a property tax exemption incentive (codified in RMC 4-1-220)to encourage multi-family housing development in the °"r" following designated residential targeted areas: h:\ednsp\council\issue papers-agenda bills-ctte reports\2007\issuepaper-mfhpte agreement-the reserve draft I-2-07.doc Multi-Family Housing Property Tax Exemption Page 2 of 3 Agreement—The Reserve January 2,2007 Highlands: Within the Center Village Comprehensive Plan designation: Center Village(CV) .4400 zone, Residential Multi-Family(RM-F) zone, or Residential 10 du/ac (R-10) zone Downtown: Center Downtown(CD) zone, Residential Multi-Family Urban Center(RM-U) zone, or Residential Multi-Family Traditional (RM-T) zone South Lake Washington: Urban Center North District 1 (UC-N1) zone or properties within the Urban Center North District 2 (UC-N2) zone that were designated as eligible for exemption by Ordinance 5151 and developed with a residential multi-family project vested to the requirements of the Commercial Office Residential 3 (COR 3) zone. As outlined in Chapter 84.14 RCW and RMC 4-1-220, the Exemption provision allows the value of qualified new housing construction to be exempt from ad valorem property taxation for ten successive years after completion of the project. However,the exemption does not include the value of the land, existing improvements or non-housing-related improvements (e.g., commercial space). The exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state, and all local taxing districts. The exemption is in addition to any other tax credits, grants, or incentives provided by law for the multi-family housing. The City received an Exemption application for The Reserve on November 7, 2006. The Reserve is a residential rental projects located near the intersection of Park Avenue North&Logan Avenue North at The Landing. The project has two six-story buildings (five stories over two levels of structured parking), 440 apartment units, 445,566 sf of residential space, 12,985 sf of non- residential space(including 10,356 sf of clubhouse space and 2,629 sf of storage space), and 774 parking spaces in 265,469 sf of below grade and first-level structured parking. Please see Attachment 1 for additional project information and the potential projected property tax exemption for the project and Attachment 2 for a related map. The estimated potential property tax savings related to the Exemption are approximately$880,656 per year($8,806,555 for the ten-year period) for The Reserve project. This equates to a potential property tax savings of approximately$2,001 per year per housing unit($20,015 per housing unit for the ten-year period). The City of Renton's portion of the above estimated potential property tax savings related to the Exemption is approximately$229,706 per year($2,297,062 for the ten-year period) for The Reserve project. Although the City will receive additional property tax revenue from any increased assessed value for the land as a result of the new construction on site, the City will not receive property tax revenue from the residential improvements until after the ten-year property tax exemption period. 1 As provided for in RMC 4-1-220D2b, the EDNSP Administrator waived the mixed-use development requirement for The Reserve since commercial retail space is included in The Sanctuary, adjacent to (and to be constructed prior to) The Reserve. h:\ednsp\council\issue papers-agenda bills-ctte reports\2007\issuepaper-mfhpte agreement-the reserve draft 1-2-07.doc Multi-Family Housing Property Tax Exemption Page 3 of 3 Agreement—The Reserve January 2,2007 As part of the City's Exemption application, applicants are invited to comment on whether the ability to obtain a property tax exemption for their project made a difference in their decision to develop the project. For The Reserve, the applicant noted: "Yes, it did. The exemption was very important to our construction lender due to the rising construction costs and the high cost of land improvements... (and) the need to construct the project on pilings." The project paid a$500 initial application fee and satisfies the City's Exemption eligibility requirements as outlined in RMC 4-1-220D: • The multi-family housing units are located in one or more new buildings designed for permanent residential occupancy, each with four or more dwelling units; • The project is located in the Urban Center North District 1 (UC-N1) zone as part of the South Lake Washington designated residential targeted area; and • The project consists of a minimum of 30 dwelling units. As provided for in RMC 4-1-220F, the EDNSP Administrator needs to approve or deny the Exemption application within 90 days of receipt and, if approved,the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for The Reserve project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the EDNSP Administrator intends to approve the application for The Reserve project. Please see Attachment 3 for the proposed Exemption Agreement for The Reserve. The Reserve project will expand the housing opportunities in South Lake Washington, increase the population in the Urban Center North Comprehensive Plan designated area to help support existing and future businesses in the area, and thereby assist the City's efforts to create a vibrant mix of residential and retail opportunities amid other uses in South Lake Washington. CONCLUSION: Renton's Multi-Family Housing Property Tax Exemption program was established to help increase housing opportunities in designated residential targeted areas, including South Lake Washington. The Reserve project will provide an additional 440 apartment units in South Lake Washington and further the City's 2006-2011 Business Plan Goals. Enc: Attachment 1-The Reserve Project Information and Potential Projected Multi-Family Housing Property Tax Exemption Attachment 2-Proposed Project for Multi-Family Housing Property Tax Exemption map Attachment 3 -Multi-Family Housing Property Tax Exemption Agreement for The Reserve cc: Jay Covington,CAO Bonnie Walton,City Clerk Michael Bailey,Finance&IS Administrator Gregg Zimmerman,P/B/PW Administrator Neil Watts,Development Services Director h:\ednsp\council\issue papers-agenda bills-ctte reports\2007\issuepaper-mfhpte agreement-the reserve draft 1-2-07.doc Attachment 1 The Reserve Project Information and Potential Projected Multi-Family Housing Property Tax Exemption Based on City's Projected Assessed Values for Project • December 29,2006 Project Information(Based on Information Provided by Applicant) Project Name The Reserve Street Address TBD(Near the intersection of Park Avenue North&Logan Avenue North) Owner Fairfield Lakeshore I L.P. Residential Targeted Area South Lake Washington Zoning Urban Center North District 1(UC-N1) Project with two six-story buildings(five stories over two levels of structured parking), 440 apartment units,445,566 sf of residential space,12,985 sf of non-residential space (including 10,356 sf of clubhouse space and 2,629 sf of storage space),and 774 Brief Project Description parking spaces in 265,469 sf of below grade and first-level structured parking. Estimated Construction Start Date May 2007 Estimated Completion Date October 2009 Type of Project Mixed-Use(apartments and retail) Residential Unit Breakdown Area(Range in SF) Studio Apartments 90 593 One-Bedroom Apartments 213 708 to 968 Two-Bedroom Apartments 137 1022 to 1280 Three-Bedroom Apartments 0 Studio Town House 0 One-Bedroom Town House 0 %Oil Two-Bedroom Town House 0 Three-Bedroom Town House 0 Total Residential Units 440 Planned Building Improvements Residential Units SF 371,076 Residential Common Areas SF 74,490 Residential Structured Parking SF 265,469 Sub-Total Residential SF 711,035 Non-Residential SF 0 Retail Non-Residential Common Area SF 12,985 Clubhouse&Storage Non-Residential Structured Parking SF 0 Retail Sub-Total Non-Residential SF 12,985 Total Residential&Non-Residential SF 724,020 Residential Percentage of Project 98.21% Retail/Commercial Percentage of Project 1.79% Parking Stalls Residential Non-Residential Total Structured Parking 774 0 774 Surface Parking 0 0 0 Totals 774 0 774 Projected Total Cost of All Improvements(New Construction/Rehabilitation) $98,300,500 Projected Cost of Residential Improvements $98,300,500 Projected Cost of Residential Improvements per Housing Unit $223,410 Projected Cost of Residential Improvements per SF $138.25 Projected Cost of Non-Residential Improvements $0 Current Assessed Value(from King County Assessor's Office online records) Noire Land SF 152,464 Current Assessed Value for Land(2006) $2,028,700 Current Assessed Value for Land per SF $13.31 Current Assessed Value for Improvements $0 The Reserve Projected Property Tax Calculation Estimated Assessed Value for Land after (Reflects current land value but subject to increase based on increased Construction/Rehabilitation $2,028,700 improvements to site) Estimated Assessed Value for All Improvements after Construction/Rehabilitation $73,725,375(Estimated by City at 75%of projected construction costs) Total Estimated Assessed Value for Land&All Improvements after Construction/Rehabilitation $75,754,075(Estimated by City at 75%of projected construction costs) Estimated Assessed Value for Residential Improvements after Construction $73,725,375(Estimated by City at 75%of projected construction costs) Estimated Assessed Value for All Improvements per Housing Unit $167,558 Estimated Assessed Value for Non-Residential Improvements after Construction $0(Estimated by City at 75%of projected construction costs) Projected Property Tax 2006 Rate for Estimated Property Total Estimated per$1,000 of Residential Tax for Non- Property Tax *OW Breakdown of Projected Property Tax Assessed & (Based on Projected 2006 Property Tax Rates) Value Estimated Tax for LandProperty Improvement s ImprovementsResidential Improvements(Land ) City of Renton-General Levy 3.04482 $6,177 $224,480 $0 $230,658 City of Renton-Special Levy 0.07088 $144 $5,226 $0 $5,369 Total City of Renton property tax 3.11570 $6,321 $229,706 $0 $236,027 King County 1.32869 $2,696 $97,958 $0 $100,654 Port of Seattle 0.23330 $473 $17,200 $0 $17,673 Hospital District#1 0.59000 $1,197 $43,498 $0 $44,695 Renton School District#403 3.95970 $8,033 $291,930 $0 $299,963 State of Washington School Fund 2.49787 $5,067 $184,156 $0 $189,224 Emergency Medical Service 0.21982 $446 $16,206 $0 $16,652 Sub-total other property tax 8.82938 $17,912 $650,949 $0 $668,862 Total Property Tax 11.94508 $24,233 $880,656 $0 $904,888 Estimated Annual Property Tax per Housing Unit $55 $2,001 $0 $2,057 f ^y ,v,1Prble^�a +iM'4� Y r: h.'.°`s aA;Q=' 43. 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Akx Thetsch,Administrator Highlands �1,`'�N■.`/� lID easel South Lake Washington Attachment 3 MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT FOR THE RESERVE THIS AGREEMENT is entered into this day of , 200 by and between FAIRFIELD LAKESHORE I L.P. (hereinafter collectively referred to as the "Applicant"), and the CITY OF RENTON, a municipal corporation (hereinafter referred to as the "City"). Recitals. 1. Applicant has applied to the City for a limited property tax exemption as provided for in Chapter 84.14 RCW and RMC 4-1-220 for multi-family housing residential for-sale housing located in the Urban Center North District 1 (UC-N1) zone as part of the South Lake Washington residential targeted area and the Economic Development, Neighborhoods and Strategic Planning Department Administrator has approved the application; and 2. Applicant has submitted to the City preliminary site plans, floor plans and elevations for The Reserve with four hundred forty (440) new multi-family Now- housing units (hereinafter referred to as the "Project") on property situated near the intersection of Park Avenue North and Logan Avenue North, Renton, Washington, and more fully described in Exhibit A attached hereto, (hereinafter referred to as the "Property"); and 3. Applicant is the owner of the Property; and 4. The City has determined that the Project will, if developed as proposed, satisfy the requirements for a Final Certificate of Tax Exemption. NOW, THEREFORE, the City and Applicant do mutually agree as follows: 1. Conditional Certificate of Acceptance of Tax Exemption City agrees, upon execution of this Agreement following approval by the City Council, to issue a Conditional Certificate of Acceptance of Tax Exemption, which conditional certificate shall expire three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator of the Economic Development, Neighborhoods and Strategic Planning Department (or any other City Multi-Family Housing Property Tax Exemption Agreement 144100, The Reserve- p. 1 office, department or agency that shall succeed to its functions), or his or her designee, (hereafter referred to as "Administrator") as provided in RMC 4-1-2201. 2. Agreement to Construct Multi-Family Housing. a. Applicant agrees to construct the Project on the Property substantially as described in the site plans, floor plans, and elevations on file with the City's Economic Development, Neighborhoods and Strategic Planning Department or its functional successor (hereafter referred to as "Department") as of the date of the City Council's approval of this Agreement, subject to such modifications thereto as may be required to comply with applicable codes and ordinances; provided, that in no event shall such construction provide fewer than thirty (30) new multi-family housing dwelling units designed for permanent residential occupancy. b. Applicant agrees to construct the Project on the Property to comply with all applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the City's development regulations in Title IV of the RMC and the City's applicable design standards and guidelines. The Applicant further agrees that approval of this Agreement by the City Council, its execution by the Mayor, or issuance of a Conditional Certificate of Acceptance of Tax Exemption by the City pursuant to RMC 4-1-220F3 in no way constitutes approval of proposed improvements on the Property with respect to applicable provisions of the City's development regulations included in Title IV of the RMC or any other applicable regulation or obligates the City to approve proposed improvements to the Property. c. Applicant agrees that the Project will be completed within three years from the date of approval of this Agreement by the Council, unless extended by the Administrator for cause as provided in RMC 4-1-2201. 3. Requirements for Final Certificate of Tax Exemption. Applicant may, upon completion of the Project and upon issuance by the City of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, request a Final Certificate of Tax Exemption. The request shall be in writing directed to the Administrator and be accompanied by the following: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire Project and Property; Multi-Family Housing Property Tax Exemption Agreement The Reserve- p. 2 No,„.. b. A description of the completed work and a statement of qualification for the multi-family housing property tax exemption; c. A statement that the Project was completed within the required three-year period or any authorized extension and documentation that the Project was completed in compliance with the terms of this Agreement; and d. Any such further information that the Administrator deems necessary or useful to evaluate the Project's eligibility for the Final Certificate of Tax Exemption. 4. Agreement to Issue Final Certificate of Tax Exemption. The City agrees to file a Final Certificate of Tax Exemption with the King County Assessor within forty (40) days of submission by the Applicant of all materials required by paragraph 3 above, if Applicant has: a. Successfully completed the Project in accordance with the terms of this Agreement and RMC 4-1-220; b. Filed a request with the City for a Final Certificate of Tax Exemption with the Administrator and submitted the materials described in Paragraph 3 above ; _r, c. Paid the City a fee in the amount of two hundred and fifty dollars ($250.00); and d. Met all other requirements provided in RMC 4-1-220 for issuance of the Final Certificate of Tax Exemption. 5. Annual Certification. Within thirty (30) days after the first anniversary of the date the City filed the Final Certificate of Tax Exemption and each year thereafter for a period of ten (10) years, Applicant agrees to file a certification or declaration with the Administrator, verified upon oath or affirmation, with respect to the accuracy of the information provided therein, containing the following: a. A statement of the occupancy and vacancy of the multi-family housing units during the previous year; b. A certification that the multi-family housing units, Project and Property have not changed use since the date of filing of the Final Certificate of Tax Exemption, Multi-Family Housing Property Tax Exemption Agreement The Reserve-p. 3 Nitro, c. A statement that the multi-family housing units, Project and Property continue to be in compliance with this Agreement and the requirements of RMC 4-1- 220; d. A description of any improvements or changes to the Project made after the filing of the Final Certificate or the most recent certification; and e. Any such further information that the Administrator deems necessary or useful to evaluate eligibility for the Final Certificate of Tax Exemption. 6. No Violations for Duration of Exemption. For the duration of the property tax exemption granted under RMC 4-1-220, Applicant agrees that the Project and the Property will have no violations of applicable zoning requirements, land use regulations, and building and housing code requirements, including but not limited to the development regulations in Title IV of the RMC, for which the Planning, Building and Public Works Department or its functional successor shall have issued a notice of violation, citation or other notification that is not resolved by a certificate of compliance, certificate of release, withdrawal or otherwise, within the time period for compliance, if any, provided in such notice of violation, citation or other notification or any extension of the time period for compliance granted by the Planning, Building and Public Works Department. 7. Notification of Transfer of Interest or Change in Use. Applicant agrees to notify the Administrator within thirty (30) days of any transfer of Applicant's ownership interest in the Project, the Property or any improvements made to the Property. Applicant further agrees to notify the Administrator and the King County Assessor within sixty (60) days of any change of use of any or all of the multi- family housing units on the Property to another use. Applicant acknowledges that such a change in use may result in cancellation of the property tax exemption and imposition of additional taxes, interest and penalty pursuant to State law. 8. Cancellation of Exemption - Appeal. a. The City reserves the right to cancel the Final Certificate of Tax Exemption if at any time the multi-family housing units, the Project or the Property no longer complies with the terms of this Agreement or with the requirements of RMC 4-1- 220, or for any other reason no longer qualifies for a property tax exemption. Multi-Family Housing Property Tax Exemption Agreement The Reserve -p. 4 b. If the property tax exemption is canceled for non-compliance, Applicant acknowledges that state law requires that an additional real property tax is to be imposed in the amount of: [a} the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements, dated back to the date that the improvements became nonqualifying; [b] a penalty of 20% of the difference calculated under paragraph (a) of this paragraph 8; [c] interest at the statutory rate on delinquent property taxes and penalties, calculated from the date the tax would have been due without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.14 RCW and RMC 4-1-220. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, become a lien on the Property and attach at the time the Property or portion of the Property is removed from multi- family housing use, and that the lien has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the Property may become charged or liable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. c. Upon determining that a tax exemption is to be canceled, the Administrator shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination in accordance with RMC 4-1-220L2. 9. Amendments. No modification of this Agreement shall be made unless mutually agreed upon by the parties in writing and unless in compliance with the provisions of RMC 4-1-220H, including but not limited to the Applicant's payment of a two hundred and fifty dollars ($250.00) contract amendment fee. 10. Binding Effect. The provisions, covenants, and conditions contained in this Agreement are binding upon the parties hereto and their legal heirs, representatives, successors, assigns, and subsidiaries. 11. Recording of Agreement. The Administrator shall cause to be recorded at the Applicant's expense, or require Applicant to record, in the real property records of the King County Department of Records and Elections, this Agreement and any other documents as will identify such Multi-Family Housing Property Tax Exemption Agreement The Reserve- p. 5 terms and conditions of eligibility for exemption as the Administrator deems appropriate for recording. 12. Audits and Inspection of Records. Applicant understands and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and RMC 4-1-220 and to perform evaluations of the effectiveness of the multi-family housing property tax exemption program. Applicant agrees to make appropriate records available for review or audit upon seven days' written notice by the City. 13. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within normal business hours, when actually received by facsimile transmission, or two business days after having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. APPLICANT: Fairfield Lakeshore I L.P. 19401 40th Avenue West Suite 280 ,.ld Lynnwood, WA 98036 Phone: 425-640-9242; Fax: 425-640-9240 Attention: Mark Faulkner CITY: City of Renton Economic Development, Neighborhoods and Strategic Planning 1055 South Grady Way Renton, Washington 98055 Phone: (425)430-6592 Fax: (425)430-7300 Attention: Administrator 14. Severability. In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting terms or clause, and to this end, the terms of the Agreement are declared to be severable. Multi-Family Housing Property Tax Exemption Agreement The Reserve- p. 6 • *awe IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY OF RENTON Kathy Keolker, Mayor APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk FAIRFIELD LAKESHORE I L.P. A Delaware Limited Partnership By: FAIRFIELD PROPERTIES, LP By: Mark Faulkner, Vice President 11100, Multi-Family Housing Property Tax Exemption Agreement The Reserve- p. 7 ..1104 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Kathy Keolker, to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath stated that she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC Printed Name: Residing at My commission expires ,040.0 [notary seal] Multi-Family Housing Property Tax Exemption Agreement The Reserve-p. 8 STATE OF WASHINGTONlaw ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared before me Mark Faulkner, to me known to be the Vice President of Fairfield Properties LP, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said party, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC Printed Name: Residing at My commission expires [notary seal] Multi-Family Housing Property Tax Exemption Agreement The Reserve-p. 9 MULTI-FAMILY HOUSING PROPERTY ,, TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION LOT 1 OF CITY OF RENTON LLA 06-004 LOT 2A SHORT SUBDIVISION, RECORDED UNDER KING COUNTY RECORDING NO. 20060822900013. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Multi-Family Housing Property Tax Exemption Agreement Exhibit A—Legal Description The Reserve- p. i i CITY OF RENTON COUNCIL AGENDA BILL AI#: 7. A . Submitting Data: Planning/Building/Public Works For Agenda of: January 8,2007 Dept/Div/Board.. Technical Services Staff Contact Karen McFarland, x7209 Agenda Status Consent X Subject: Public Hearing.. Final Approval for the Liberty Grove Latecomer Correspondence.. Agreement/160th Avenue SE and SE 136th Street(LA- Ordinance 05-002)Latecomer Request Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Final Latecomer Agreement Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: N/A .r' Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: City Code allows that when sanitary sewer facilities are installed by a developer that the City grant a latecomer agreement in order to ensure that each property that benefits from the new facility be assessed its fair share of the costs. On June 6,2005, Council granted preliminary approval of a latecomer agreement(LA-05-002)request to Lakeridge Development, Inc. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Lakeridge Development, Inc. has installed the agreed upon improvements and transferred title to all of these improvements to the City. The final cost of $122,195.08 is$1,054.92 less than the original estimate of$123,250.00. STAFF RECOMMENDATION: Grant a final 15-year latecomer agreement(LA-05-002)to Lakeridge Development, Inc. for sewer main extension along 160th Avenue SE and SE 136th Street and authorize staff to finalize the latecomer agreement,per City Code. H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0029\Liberty Grove\FINAL\agbili 1206.doc\KLMmd ti`cY O� PLANNING/BUILDING/ 104.0 �,• ♦ PUBLIC WORKS DEPARTMENT �'N � MEMORANDUM DATE: December 19, 2006 TO: Toni Nelson, Council President Members of the Renton City Council VIA: .31' Kathy Keolker,14-4 Ma o FROM: �`l Gregg ZimmermanWA ministrator STAFF CONTACT: Karen McFarland, Technical Services Specialist(ext. 7209) SUBJECT: Liberty Grove Latecomer Agreement/160th Avenue SE and SE 136th Street ISSUE: Does Council wish to grant final approval for a 15-year latecomer agreement(LA-05- 002) to Lakeridge Development, Inc. for the installation of approximately 876 lineal feet of sewer main along 160th Avenue SE and SE 136th Street? New RECOMMENDATION: Grant Lakeridge Development, Inc.'s request for a latecomer agreement and give final approval for a latecomer agreement to extend the sewer main along 160th Avenue SE and SE 136th Street. BACKGROUND SUMMARY: On April 8, 2005, Wayne Jones submitted an application for a latecomer agreement on behalf of the Lakeridge Development, Inc. This latecomer agreement would allow the applicant to recover a portion of the costs associated with extending the sewer main along 160th Avenue SE and SE 136th Street. On June 6, 2005, Council granted preliminary approval of Lakeridge Development, Inc.'s latecomer request. At that time, the estimated cost of the proposed sewer was $123,250.00. As allowed by the City's code, developers may ask for reimbursement of a pro rata portion of the original costs for public works facilities they install and turn over to the City. Lakeridge Development, Inc. has extended sewer to its Liberty Grove and Liberty Grove Contiguous developments. Thus, having installed all of the agreed upon improvements, and having transferred title to all of the improvements to the City, the • Council/Lakeridge Development Inc. Latecomer December 19,2006 Page 2 of 2 developer has completed all of the actions required of him to finalize this latecomer agreement. Latecomer agreements are contracts between the City and a developer for construction of public works facilities, and they authorize reimbursement of a developer by other property owners who did not contribute to the original cost of the facilities and who subsequently tap into or use the facilities. The proposed latecomer agreement would require the owners of benefiting properties to pay an equitable share of the cost of these facilities if they decide to use these facilities. The properties included in this latecomer agreement did not previously have sewer service available. The facility installed by Lakeridge Development, Inc. is a local service facility, and as such, will only benefit the properties directly adjacent to the new main. The currently developed parcels that front the facility are the only benefiting parcels. Thus, a direct benefit charge was established using the per lot method. After assigning fifty percent of the costs to the developer for his proposed lots, this method took the remaining nine lots and divided the cost of the sewer improvements equally to determine an assessment amount. The final cost of the installed sewer line was $122,195.08. This is $1,054.92 less than the original estimate of$123,250.00, which was granted in the preliminary approval. Therefore, the assessment, based upon the final cost, is $6,788.62 per lot. CONCLUSION: City Code allows that when sanitary sewer facilities are installed by a developer, the City grants a latecomer agreement in order to ensure each property that benefits from the new facility be assessed its fair share of the costs. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Therefore, we recommend that Council approve staffs request to grant a final 15-year latecomer agreement (LA-05-002) to Lakeridge Development, Inc. for sewer main extension along 160th Avenue SE and SE 136th Street, and authorize staff to finalize the latecomer agreement, per City Code. cc: Lys Homsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor Arneta Henninger,Development Services Engineering Specialist H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0029\Liberty Grove\FINAL\IP fn11206.doc\KLMmd Return Address: Niro' City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: LATECOMER'S AGREEMENT Property Tax Parcel Numbers: See Exhibit"D" Project File#: PRM-27-0029 Grantor(s): Grantee(s): 1. Cityof Renton, a Municipal Corporation 1. Lakeridge Development, Inc Complete legal description is in Exhibit"B"of this document. LEGAL DESCRIPTION: Portions of the East Half of Section 14, Township 23 North, Range 5Ea . County, Washington THIS AGREEMENT made and entered into this , 20 YY by and between the CITY OF RENTON, hereina,p,,,, referred t Y,"and Lakeridge Development, Inc.,hereinafter referred to as"� 'ER"; a • lure n � :- WHEREAS, the"DEVELOPE' sous o `� .' astewater systems and appurtenances thereto at, nes Et, e here ��: .esc t.ed roe and to connect same � � property rtY to the"CITY'S"utility Al o that mprovernents will constitute an integral part thereof; and , _ e WHE' • tor users are presently available to share in the cost and expen � 4struct luck P svements, and the parties hereto having in mind the provisio'k:'„ `Municipal Water and Sewer Facilities Act"(R.C.W. 35.91.020, et seq.)and h « legislation (R.C.W. 35.72.010,et seq.); and WHEREAS,the DEVELOPER" is willing to pay all the costs and expenses for the installation of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: Page 1 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT 1. The "DEVELOPER"hereby acknowledges and covenants that lie is the owner of the following described property,to wit: See Exhibit"A" and the"DEVELOPER"hereby agrees and covenants to cause to have installed the following described improvements, to wit: 1. 876.1 linear feet of 8 inch PVC Sewer Main 2. 4 48 inch diameter manhole ri and such installation to be made in full compliance with all applicable c regulations of the "CITY". The"DEVELOPER" further covenants nd °tthat all expenses and claims in connection with the construction al I, ation of thy, +r--.id improvements, whether for labor or materials or both; 4 ►-en .11 be paid i,y, , ,'all at the"DEVELOPER'S"expense, and the"DEVELOP nts and agrees to hold the "CITY"harmless from any liability i tion there 2. The "DEVELOPER" furt 44.410r es that,I ,t ` '':o d construction as hereinabove specifi c ;. See �x .it"13"attached hereto for the legal description of the lio i� ; °, #i , sWhe lands affected by this latecomer • agree �„ t q.- E r t �"a a. ' ereto for the map showing in outline the land s"4:41 i on ,� i ...„-s per the terms of this agreement. The ti+ritt;,4,,,p,,,,gjtVp e cost of said improvement shall be employed to determine the pro rata rei ~' ent to the"DEVELOPER” by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup shall include connections to lateral or branches connecting thereto, all subject to the laws and ordinances of the "CITY"and the provisions of this agreement. Page 2 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT New The method of determining latecomer payments shall be by: An equitable method, as determined by the City of Renton The pro rata cost is $6,788.62 per lot. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. 4. The"DEVELOPER"hereby agrees and covenants to convey, transfer, and assi• ,`;si to the "CITY"all rights, interest and title in and to said improvements and all F ff,k s faces and accessories thereto, free from any claim and encumbrance of any patty- CITY agrees to accept and maintain said improvement as $ •.,f,; " s present upon Atofi approval thereof by the Administrator of the Plannin•, srg/Puilirc Works D °nt or his/her authorized representative and after inspection • : truction. The "DEVELOPER"further agrees and cov-, ':. ecute and # liver unto the"CITY" any and all documents including Quit Cl a .s ills ae that may reasonably be necessary to fully vest ti :, "CIO R ;. t .,."• this conveyance and transfer. The"DEV ` f r agr .. ovenants to pay unto the"CITY" such •service charges or '0;„$ F r tr' . se ed by the"CITY"for use of the improve), wh !gr- anted. 5. T ,� " res;` e ri �,without affecting the validity or terms of this agreement, to make"4e `,Fade extensions to or additions of the above improvement and to allow s`- s sections to be made to said extensions or additions, without liability on the part ofthe "CITY". 6. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15 years from date hereof, without first paying unto the "CITY", in addition to any and all other costs, fee, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, or for street, Page 3 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT NIS signalization, and lighting improvements,the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the"CITY" shall be paid out by it unto the "DEVELOPER" under the terms of this agreement within thirty(30)days after receipt thereof, less a 15% administration fee. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made,the legislative body of the"CITY"may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the "CITY"whatever. It is further agreed, and covenanted that upon expiration ,terms of this agreement; to wit: 15 years from date hereof, the "CITY" shall beuwer,nofurther obligation to collect or make any further sums unto the"DEVELOPER". The decision of the Administrator of the Planning/Bui AV � °t orks Department or his/her authorized representative in determ' i I or comp k s: amount due from any benefited owner who wishes to hookup ' 4 16: emcn r i- final and conclusive , 41001 in all respects. . e3 6 e�y""�:s 7. It is further agreeddr.� Yi ers iat the detiNfescribed improvements to be undertaken \fliAikc 4, and paid for b the` t or are about to be connected with the utilit', N.t'.n •f the ITY", and upon such connection and acceptance 6 ITY' - ' its4000t.tive body, said extension and/or improvement shall be • ani a p 4L/ e municipal utilities or transportation systems. n.. � e a a+✓ 8. This agre . t shall be placed for record with the King County Auditor's Office within thirty(30)days of final execution of the agreement. 9. Before the"CITY"will collect any latecomer's fee,the"DEVELOPER" will transfer title to all of the improvements under the latecomer's agreement to the "CITY". The "DEVELOPER"will also assign to the"CITY"the benefit and right to the latecomer's fee should the"CITY"be unable to locate the"DEVELOPER"to tender any latecomer's fee Page 4 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT 'lar° that the"CITY"has received. The"DEVELOPER"shall be responsible for keeping the "CITY" informed of its correct mailing address. Should the "CITY" be unable to locate the"DEVELOPER" in order to deliver a latecomer's fee,the "CITY" shall undertake an independent investigation to determine the location of the"DEVELOPER". Should the "CITY"after a good faith attempt to locate the "DEVELOPER" be unable to do so, then the latecomer's fee shall be placed in the Special Deposit Fund held by the"CITY"for two(2)years. At any time within the two-year period the"DEVELOPER" may receive the latecomer's fee, without interest, by applying to the"CITY" for that latecomer's fee. After the expiration of the two-year period, all rights of the"DEVELOPER"to that fee shall expire, and the"CITY" shall be deemed to be the owner of those funds:" 1 10. When the"CITY"has received the funds for a latecomer's feed ilfrwa A -e to the"DEVELOPER"within thirty(30)days of receipt ofdgitv.s Funds rece g ne otiable instrument, such as a check,will be deeme-. fi r (IO)days afte' delivery to the"CITY". Should the"CITY', to forwa $ r_ tecomer's fee to the "DEVELOPER"through the"CITY'S" e, the ITY" shall pay the Z:„?:";, "DEVELOPER" interest on those moniee (12%) percent per annum. However, should the"D , "not informed of its current correct mailing address, a ELOP ,i.herwise be negligent and thus contribute to the failure f the � Q �-,. ecomer's fee,then no interest shall accrue on I. �°�`����a � �� e k.r s fee-. 11. Wht e City Council, a latecomer's agreement can be granted for a period of up ` e;. ceed 15 years. No extensions will be granted beyond the period of time estab kap_ed by City Council. The latecomer's agreement will expire at the end of the period of time established by the City Council. 12. By instituting the latecomer's agreement,the"CITY"does not agree to assume any responsibility to enforce the latecomer's agreement. The recorded latecomer agreement will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The assessment roll listing Page PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT the affected properties and the pro-rata potential latecomer charge for each will be on file with the"CITY". The"DEVELOPER"has responsibility to monitor those parties connecting to the improvement. Should the"CITY"become aware of such a connection, it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. P'.r+ :k,rpr'i. { k-. S...f i.is: Page 6 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT CITY OF RENTON By: Mayor Kathy Keolker By: Bonnie I. Walton, City Clerk Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) -.;::;; On this day of ,20 , I certify, rr,1 ` t.=,`or have satisfactory evidence that Kathy Keolker is the person =3 R43 3 before me,and who signed this instrument,on oath stated that she 'a ,ZIlle x ' execute the t� instrument and acknowledged as the Mayor o i ,x 'en ,' _+ be the free and voluntary act of such party for the use, , t'oses mentio ��nstrument. Notary Public in and for the St ' ltmgton Notary(Print) X , My appointme .' ' : . f�< Dated: n • vim j y Page 7 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT DEVELOPER By: By: 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 . I Notary Seal must be within box STATE OF WASHINGTON )SS `` ? COUNTY OF KING ) - I certify that I know or have satisfactory ey6 '° °t`hat f,. '..: :'<:signed this in .on oath stated that he/she/they was/were " t Cite the instrument and acknowledged it as the , ; • .3.�(;; and of ;. to''helhi1 and voluntary act of such p party/parties for theft oses me1€1i4 III the instrument. No, >, blic in, ;;' t f�Washin ton ▪ 1i . . e ` ent e w,4 I ' , ACKNOWLEDGMENT Notary Seal mus :�t •ox g O` 1 ETON )ss ;y :°3 . YOF G ) f z`., : Ys day of 20 before me personally appeared • ) to me known to "•:% be of the corporation that • = y 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: Page 8 EXHIBIT A LIBERTY GROVE LATECOMER(PRM27-0029) DEVELOPER PROPERTY LEGAL DESCRIPTION: All of Lot 7, Block 1, and that portion of Lot 6, Block 1, lying southerly of a line beginning on the east line of said Lot 6, at a point 12.3 feet North of the southeast corner thereof and running westerly to a point on the west line of said Lot 6, at a point 4.8 feet north of the southwest corner thereof and the terminus of said line as said line was established by judgment entered January 29, 1969 in King County Superior Court Cause Number 691199, all in Janett's Renton Boulevard Tracts, according to the Plat thereof, as recorded in Volume 17 of Plats, page 60, records of King County, Washington; TOGETHER WITH Tract 1, Block 3, Cedar River Park Five Acre Tracts, according to the plat thereof, as recorded in Volume 15 of Plats, page 91, records of King County, Washington. ALL SITUATE in the East Half of Section 14, Township 23 North, Range 5 East, W.M. in King County, Washington. 'err NS EXHIBIT B LIBERTY GROVE LATECOMER(PRM27-0029) LEGAL DESCRIPTION: Lots 1 through 3, inclusive, and Lots 10 through 15, inclusive, Block 2 of DerryHurst, according to the plat thereof, as recorded in Volume 66 of Plats, page 74, records of King County, Washington; ALL SITUATE in the Northeast Quarter of Section 14, Township 23 North, Range 5 East, W.M., King County, Washington. Exhibit C SE 135th St. CL) oCI)2 0.1 A 3 4 5 6 7 8 9 SE 136th St. Developer's Property 0 125 250 11 1:1,500 Liberty Grove c7-cY „ Technical Services Latecomer Agreement Area +*. Planning/Building/Public Works 'NT� Ju ec2005 nd (LA-05-002/ PRM27-0029) ExxuBIT"D" LIBERTY GROVE LATECOMER(PRM27-0029) PARCEL LIST Developer's Property: 145750-0085 145750-0086 145750-0087 145750-0088 366450-0141 Benefited Properties: Parcel # 1 200600-0180 Parcel#2 200600-0170 Parcel#3 200600-0160 Parcel# 4 200600-0300 Parcel#5 200600-0290 Parcel#6 200600-0280 Parcel# 7 200600-0270 Parcel# 8 200600-0260 Parcel# 9 200600-0250 r.rr+� EXHIBIT"E" CITY OF RENTON PRELIMINARY ASSESSMENT ROLL LIBERTY GROVE LATECOMER Now, Type: Wastewater Utility Improvements Total Assessment: $61,097.54 Property Name/Address of Owner Assessment Identification Parcel #1 PLATZ ERIN D $6,788.62 14627 160TH AV SE RENTON WA 98059 KC Tax Parcel # 200600-0180 Legal Description: 3 2 DERRYHURST ADD Parcel#2 STREIT PEGGY ANN $6,788.62 13512 160TH AV SE RENTON WA 98055 KC Tax Parcel # 200600-0170 Legal Description: 2 2 DERRYHURST ADD Parcel #3 PERKINS STEPHEN $6,788.62 13520 160TH AV SE RENTON WA 98059 KC Tax Parcel # 200600-0160 Legal Description: 12 DERRYHURST ADD Itiore Parcel#4 PITNEY CHRISTOPHER $6,788.62 J+MCLEOD 16016 SE 136TH ST RENTON WA 98059 KC Tax Parcel# 200600-0300 Legal Description: 15 2 DERRYHURST ADD Parcel#5 SULT LINDA R $6,788.62 16022 SE 136TH ST RENTON WA 98059 KC Tax Parcel # 200600-0290 Legal Description: 14 2 DERRYHURST ADD Parcel #6 NASS LEROY $6,788.62 15713 SE 128TH RENTON WA 98056 KC Tax Parcel # 200600-0280 Legal Description: 13 2 DERRYHURST ADD P:\Current Projects\PendingLatecomers\Liberty Grove\PRELIMINARY\prelim_assmnt_libertygrove.doc/bh Page 1 of 2 • EXHIBIT"E" CITY OF RENTON PRELIMINARY ASSESSMENT ROLL LIBERTY GROVE LATECOMER Type: Wastewater Utility Improvements Total Assessment: $61,097.54 Property Name/Address of Owner Assessment Identification Parcel #7 BURKS JAMES W $6.788.62 16038 SE 136TH RENTON WA 98055 KC Tax Parcel # 200600-0270 Legal Description: 12 2 DERRYHURST ADD Parcel#8 JOHNSON JOHNNIE M $6,788.62 16046 SE 136TH ST RENTON WA 98055 KC Tax Parcel # 200600-0260 Legal Description: 11 2 DERRYHURST ADD Parcel #9 FICCA PAUL S+TRACY A $6,788.62 16056 SE 136TH ST RENTON WA 98059 KC Tax Parcel # 200600-0250 Legal Description: 10 2 DERRYHURST ADD P:\Current Projects\PendingLatecomers\Liberty Grove\PRELIMINARY\prelim_assmnt_libertygrove.doc/bh Page 2 of 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: r* 3 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems January 8, 2007 Staff Contact Bruce Fisher, x7471 Agenda Status Consent X Subject: Public Hearing.. Approval of Completion of Airport Quonset Hut Correspondence.. Second Floor Fire Escape Project Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Final Pay Estimate Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... $ 0.00 Transfer/Amendment Amount Budgeted $153,047.00 Revenue Generated Total Project Budget $173,420.00 City Share Total Project.. $168,485.22 SUMMARY OF ACTION: Airport staff requests the Mayor and City Council accept completion of the Airport Quonset Hut Second Floor Fire Escape Project and release the retainage in the amount of$7,033.40 to Lincoln Construction, Inc. The project began on June 8, 2006, and final completion was on November 30, 2006. The original contract was for $129,851 with the final contract amount being $153,047. Change Order 1, in the amount of$23,196, was for the engineering and construction services of Nelson Geotechnical to install three "pin-pilings" to support the deck structure. STAFF RECOMMENDATION: Approve the completion of the Airport Quonset Hut Second Floor Fire Escape Project contract CAG-06-023 with Lincoln Construction, Inc., and release the retainage in the amount of $7,033.40 after 60 days, subject to the required authorization. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01Tasks\Agenda Bills\Agbill Project Completion Lincoln Const.docRentonnetJagnbill/ bh C.)ti`SY O PLANNING/BUILDING/ a 4 , PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: January 8, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: _X,' Kathy Keolker, Mayor FROM: ' Gregg Zimmerma�''Administrator STAFF CONTACT: Bruce Fisher, Airport Operations Specialist (x7471) SUBJECT: Approval of Completion of Airport Quonset Hut Second Floor Fire Escape Project ISSUE: Should the Mayor and City Council accept the Notice of Completion for the Airport Quonset Hut Second Floor Fire Escape Project and release the retainage in the amount of$7,033.40 to Lincoln Construction, Inc.? RECOMMENDATION: Approve the completion of the Airport Quonset Hut Second Floor Fire Escape Project contract CAG-06-023 with Lincoln Construction, Inc., and release the retainage in the amount of$7,033.40 after 60 days, subject to the required authorization. BACKGROUND SUMMARY: The total approved budget for the project was $173,420. This figure includes a budget transfer from the Airport Airside/Landside Separation Improvement capital improvement budget of$118,420 in 2006. The total project cost is $168,485.22. Change Order 1, to the contract was for the engineering support of Nelson Geotechnical Services and the driving of three `pin-pilings' to a depth of nearly 60 feet to assure secure footings for the structure. cc: Jay Covington, Chief Administrative Officer Peter Hahn, Deputy PBPW Administrator- Transportation Ryan Zulauf, Airport Manager Susan Campbell/Carolyn Currie, Airport Secretary Connie Brundage, Administrative Secretary-Transportation New, h:%file sys air-airport,transportation services division\03 projects'Oltasks'Nagenda bills\isspaper 790 egress project.doc TO: FINANCE DIRECTOR FROM: AIRPORT MANAGER CONTRACTOR: Lincoln Construction Inc CONTRACT NO.: CAG-06-023 ESTIMATE NO. FINAL 004 v DATE 12/6/2006 PROJECT: Quonset Hut 2nd Floor Fire Escape 1. CONTRACTOR EARNINGS THIS ESTIMATE $ 3,550.00 2. SALES TAX AT 8.8% $ 312.40 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $ 3,862.40 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $130,262.10 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE(95%x LINE 1) $3,372.50 6. SUBTOTAL-CONTRACTOR PAYMENTS $133,634.60 7. RETAINAGE ON PREVIOUS EARNINGS $6,855.90 8. RETAINAGE ON EARNINGS THIS ESTIMATE(RETAINAGE:5%x LINE 1) $177.50 9. SUBTOTAL-RETAINAGE $7,033.40 10. SALES TAX PREVIOUSLY PAID $12,066.38 11. SALES TAX DUE THIS ESTIMATE $ 312.40 12. SUBTOTAL-SALES TAX $12,378.78 GRAND TOTAL: $153,046.78 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR(Lines 5&11): 444.00 ACCOUNT# 402.012309.5960.0046.63.000000 $3,684.90 25076/5110 $3,684.90 RETAINED AMOUNT(Line 8): ACCOUNT# 402.012309.5960.0046.63.000000 $177.50 25076/5110 $177.50 $3,862.40 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: - Bruce Fisher,Operations Specialist Printed On: 12/20/2006 City of Renton Public Works Department Page 1 INVOICE SUMMARY Page: 1 CUSTOMER: RENTON AIRPORT QUONSET HUT#790 JOB: AIRPORT QUONSET HUT BLDG#790 Invoice No. 1146-4 NOV 1055 S.GRADY WAY SECOND FLOOR EGRESS UPGRADES Invoice Date 11/30/2006 CAG-06-023 Period To 11/30/2006 RENTON WA 98055- Contract No. CAG-06-023 Contract Date : CONTRACTOR: LINCOLN CONSTRUCTION INC INVOICE SUMMARY 21323 MOUNTAIN HWY E • P.O. BOX 730 Original Contract 140,668.00 SPANAWAY WA 98387-0730 Total Change Orders 0.00 Revised Contract 140,668.00 Completed&Stored To Date 140,668.00 Retainage 177.50 Total Earned Less Retainage 140,490.50 Less Previous Requests for Payment (Line 6 from prior application) 137-118.00 Current Amount Due 3,684.90 Balance To Finish,Plus Retainage 0 For further information,please see attached detail sheet. Current Sales Tax included above 312.40 CONTRACTOR'S CERTIFICATION ARCHITECT'S CERTIFICATE FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,Information, In accordance with the Contract Documents,based on on-site observations and the data and belief the work covered by this Application for Payment has been completed in accordance comprising the above application the Architect certifies to the Owner that to the best of the with the Contract Documents,that all amounts have been paid by the Contractor for work for Architect's knowledge,information and belief the Work has progressed as indicated,the which previous Certificates for Payment were issued and payments received from the Owner,and quality• - :Jr- . cco • ce with the Contract Documents,and the Contractor Is 8 { that current payment shown herein is now due. a led to pa 4a nt of the Am.•• t Certified:S Si • 0 LINCOLN CONSTRUCTION,INC. Itect: _ CAErS t G/L1egs 7L-1-4-3 1 syr �t w, Date /2 . '� This Certification is not negotiable.The Amount Certified Is payable to the Contractor named herein. Daniel C.Lincoln,President Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Continuation Sheet Page: 2 AIA Document G702,Application and Certificate for payment, Application No.: 1146-4 NOV containing Contractor's signed Certification,is attached. Application Date: 11/30/2006 Period To: 11/30/2006 Architect's Project No.: CAG-06-023 A B C D E F G H I Scheduled -Work Completed- Comp g Previous This Period Materials Total Pct Balance to Retainage Phase Description Value Stored &Stored Cmp Finish Amount 01 BONDS&INSURANCE 4,600.00 4,600.00 0.00 0.00 4,600.00 100.00 0.00 0.00 02 MOBILIZATION 9,400.00 9,400.00 0.00 0.00 9,400.00 100.00 0.00 0.00 03 SITE WORK/DEMOLITION 8,500.00 8,500.00 0.00 0.00 8,500.00 100.00 0.00 0.00 04 CONCRETE 4,500.00 4,500.00 0.00 0.00 4.500.00 100.00 0.00 0.00 05 STRUCTURAL STEEL 67,500.00 64,125.00 3,375.00 0.00 67,500.00 100.00 0.00 168.75 06 ROOFING 3,500.00 3,500.00 0.00 0.00 3,500.00 100.00 0.00 0.00 07 DOORS&WINDOWS 3,448.00 3,448.00 0.00 0.00 3,448.00 100.00 0.00 0.00 08 FINISHES 7,400.00 7,400.00 0.00 0.00 7,400.00 100.00 0.00 0.00 09 ARCH SPECIALTIES 2,200.00 2,200.00 0.00 0.00 2,200.00 100.00 0.00 0.00 10 MECHANICAL 4,800.00 4,800.00 0.00 0.00 4,800.00 100.00 0.00 0.00 11 ELECTRICAL 3,500.00 3,325.00 175.00 0.00 3,500.00 100.00 0.00 8.75 20 CO1 ADD PIN PILINGS 21,320.00 21,320.00 0.00 0.00 21,320.00 100.00 0.00 0.00 Final Total 140,668.00 137,118.00 3,550.00 0.00 140,668.00 100.00 0.00 177.50 ( (,. 'ETENTION ONLY INVOICE *** INVOICE SUMMARY Page: 1 CUSTOMER: RENTON AIRPORT QUONSET HUT#790 JOB: AIRPORT QUONSET HUT BLDG#790 Invoice No. 1146-4 RET 1055 S.GRADY WAY SECOND FLOOR EGRESS UPGRADES Invoice Date 11/30/2006 CAG-06-023 Period To 11/30/2006 RENTON WA 98055- Contract No. CAG-06-023 Contract Date : CONTRACTOR: LINCOLN CONSTRUCTION INC INVOICE SUMMARY 21323 MOUNTAIN HWY E P.O.BOX 730 Original Contract 140,668.00 SPANAWAY WA 98387-0730 Total Change Orders 0.00 Revised Contract 140,668.00 Completed&Stored To Date 140,668.00 Retainage 0.00 Total Earned Less Retainage 140,668.00 Less Previous Requests for Payment (Line 6 from prior application) 140,490.50 Current Amount Due 177.50 Balance To Finish,Plus Retainage 0.00 For further information,please see attached detail sheet. Current Sales Tax included above 0.00 CONTRACTOR'S CERTIFICATION ARCHITECT'S CERTIFICATE FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information, In accordance with the Contract Documents,based on on-site observations and the data and belief the work covered by this Application for Payment has been completed in accordance comprising the above application the Architect certifies to the Owner that to the best of the with the Contract Documents,that all amounts have been paid by the Contractor for work for Architect's knowledge,information and belief the Work has progressed as Indicated,the which previous Certificates for Payment were issued and payments received from the Owner,and quality of the Work is In accordance with the Contract Documents,and the Contractor is 7 that current payment shown herein is now due. entitled to pa, h> : ount Certified:$ 1 ( 7 • S 0 LINCOLN CONSTRUCTION,INC. Architect: — CAET/tS N c gS 'Lae S f ' By: --it i'td 2444-41 Date Z •0 47 O CP �*► � This Certification is not negotiable.The Amount Certified is payable to the Contractor named herein. Daniel C.Lincoln,President Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 9 CITY OF RENTON COUNCIL AGENDA BILL AI#: kiwi Submitting Data: Planning/Building/Public Works For Agenda of: January 8, 2007 Dept/Div/Board.. Utility Systems Division/Surface Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status: Allen Quynn(ext. 7247) Consent X Subject: Public Hearing.. Easement amendment to modify existing City storm Correspondence.. drainage easement for Lowe's proposed retail building. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Amended Easement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment kialsoi Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Lowe's is proposing to build a new retail store at the south end of Lake Washington(east of Garden Avenue North and south of Park Avenue North), and has requested that the City release a portion of an existing drainage easement that is in conflict with the building footprint. Specifically, the west side of the building foundation encroaches on the easterly 5 feet of the existing 20-foot wide storm drainage easement. The drainage easement is granted to the City for the purpose of maintaining a 72-inch storm pipe that runs along the east side of Garden Avenue North. Surface Water Utility, Maintenance, and Development Services staffs have reviewed the request and have determined that a reduced easement width of 15 feet will provide the necessary area for maintenance and future replacement of the 72-inch pipe, and recommend approval of the request provided six requirements are satisfied. These requirements are listed as conditions on the easement amendment document that will release the City's interest in the easterly 5 feet of the drainage easement. The conditions are designed to ensure the 72-inch storm pipe will be protected during the construction of the building, and that Lowe's will be responsible for any costs to repair or replace the pipe as a result of the reduced easement. STAFF RECOMMENDATION: Approve the easement amendment modifying a portion of the City's existing drainage easement from 20 feet to 15 feet to allow Lowe's proposed building to encroach into the easterly 5 feet of the Ihilleasement. H:\File Sys\SWP- Surface Water Projects\SWP 27- Surface Water Projects (Plan Review)\27-3354 Lowe's Store\agendabill.doc\RSmd ti`S O PLANNING/BUILDING/ Nowi- cm, PUBLIC WORKS DEPARTMENT • - Nrc0 MEMORANDUM DATE: December 22, 2006 TO: Toni Nelson, Council President Members of the Renton City Council VIA: i Kathy Keolker, Mayor FROM: Gregg ZimmermaiATministrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Allen Quynn, Surface Water Engineer(ext. 7247) SUBJECT: Easement amendment to modify existing City storm drainage easement for Lowe's proposed retail building ISSUE: Should the City sign an easement amendment that would reduce the width of the City's existing drainage easement from 20 feet to 15 feet to accommodate Lowe's proposed i4voiew retail building? RECOMMENDATION: Authorize the Mayor and City Clerk to sign the easement amendment modifying a portion of the City's existing drainage easement from 20 feet to 15 feet to allow Lowe's proposed retail building to encroach into the easterly 5 feet of the easement. BACKGROUND SUMMARY: Lowe's is proposing to build a new retail store at the south end of Lake Washington (east of Garden Avenue North and south of Park Avenue North), and has requested that the City amend an existing drainage easement that is in conflict with the proposed building footprint. Specifically, the west side of the building foundation encroaches on the easterly 5 feet of the existing 20-foot wide storm drainage easement. The drainage easement is granted to the City for the purpose of maintaining a 72-inch storm pipe that runs along the east side of Garden Avenue North. Surface Water Utility, Maintenance, and Development Services staffs have reviewed the request and have determined that a reduced easement width of 15 feet will provide the necessary area for maintenance and future replacement of the 72-inch pipe, and recommend approval of the request provided six requirements are satisfied. These Easement Amendment for Lowe's Proposed Building December 22,2006 Page 2 of 3 requirements are listed as conditions on the easement amendment document that will release the City's interest in the easterly 5 feet of the drainage easement. , The conditions are as follows: 1. Lowe's agrees to design and install a shoring system to protect the existing 72- inch storm pipe. As part of the construction of the building, a shoring system shall be installed along the face of the building foundation(between the 72-inch pipe and the building), at an appropriate depth below the existing 72-inch storm pipe, to provide shoring for future repair or replacement of the 72-inch storm pipe. The shoring system shall be designed by a licensed engineer, and reviewed and approved by the City. The design must include a structural analysis accounting for soil type, soil pressure due to the weight of the soil and the building, depth of shoring required, assuming the pipe is replaced, and other factors necessary to adequately design a shoring system. The shoring system must be able to withstand the combined load from the building and soil pressure, as well as consider ground water effects (buoyancy forces). The shoring system must be corrosion resistant and maintain its structural integrity for sufficient duration(50 to 100 years). Interlocking steel sheet piles are an acceptable material, provided they are designed to maintain their structural strength for 50 to 100 years. Another option is a cast in place concrete reinforced wall. The shoring system will need to span the entire length of the building's west wall, with an additional 10 feet beyond the end of the wall. The proposed shoring shall be placed adjacent to the amended easement line to maximize the separation between the 72-inch pipe and the proposed shoring system, such that a minimum of 2 to 3 feet of separation is provided between the pipe and the amended easement line. 2. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest corners of the building. All remaining portions of the existing easement for the 72-inch storm pipe shall remain a width of 20 feet. 3. Prior to construction of the building or installation of the required shoring, the development proponent or representative shall TV inspect the existing 72-inch storm line, adjacent to where the proposed building wall and required shoring is to be constructed, to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and will be onsite when TV inspections (pre and post-construction) are performed. 4. During construction of the building shoring, the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system, closest NIS H:\File Sys\SWP-Surface Water Projects\SWP 27-Surface Water Projects(Plan Review)\27-3354 Lowe's Store\Issue Paper.DOC\RSmd Easement Amendment for Lowe's Proposed Building December 22,2006 Page 3 of 3 to the wall construction, shall be monitored for any settlement, along with the '44mr surface area above the pipe. 5. If the pipe is damaged or settlement occurs during construction, or if damage or settlement is identified within one year following final occupancy, the developer will be responsible to repair the damage or settlement to City standards. 6. If the City has to replace or reconstruct the pipe in the area where the existing easement is being reduced, and the City incurs additional costs due to the reduced easement width and lack of the building set back from the easement as required, the property owner agrees to pay the additional cost as identified by the City. These conditions are designed to ensure the 72-inch storm pipe will be protected during the construction of the building and that Lowe's will be responsible for any costs to repair or replace the pipe as a result of the reduced easement. Enclosed is the Utilities Easement Amendment, which has been signed by Lowe's. CONCLUSION: The Planning/Building/Public Works Department recommends the City Council authorize the Mayor to sign the easement amendment modifying a portion of the City's existing drainage easement from 20 feet to 15 feet to allow Lowe's proposed retail building to encroach into the easterly 5 feet of the easement. cc: Lys Hornsby,Utility Systems Director loinge H:\File Sys\SWP-Surface Water Projects\SWP 27-Surface Water Projects(Plan Review)\27-3354 Lowe's Store\Issue Paper.DOC\RSmd Return Address: City Clerk's Office City of Renton ,N` 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT AMENDMENT Property Tax Parcel Number: 082305-9231 Project File#: U060107&B060553 Street Intersection or Project Name: Reference Number(s)of Documents assigned or released: 198809230146 Grantor(s): Grantee(s): 1. Lowe's HIW Inc. 1. City of Renton,a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THAT PORTION OF THE UTILITIES EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 198809230146 LYING WITHIN THE PROPERTY DESCRIBED IN EXHIBIT A,TOWIT: Lot2 of City of Renton Short Plat LUA—060-080-SHPL, as recorded under King County Rec. No. 20061011900007, situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton,King County, Washington. THE EASEMENT AREA ON THE SUBJECT PARCEL IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT B AND ILLUSTRATED IN EXHIBIT MAP "C" SHEETS 1 &2. TOGETHER WITH THE RIGHTS ENJOYED BY THE GRANTEE PURSUANT TO THE ORIGINAL EASEMENT THIS EASEMENT AMENDMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Lowe's agrees to design and install a shoring system to protect the existing 72-inch storm pipe. As part of the construction of the building, a shoring system shall be installed along the face of the building foundation (between the 72-inch pipe and the building) at an appropriate depth below the existing 72-inch storm pipe to provide shoring for future repair or replacement of the 72-inch storm pipe. The shoring system shall be designed by a licensed engineer and reviewed and approved by the City. The design must include a structural analysis accounting for soil type, soil pressure due to the weight of the soil and the building, depth of shoring required, assuming the pipe is replaced and other factors necessary to adequately design a shoring system. The shoring system must be able to withstand the combined load from the building and soil pressure as well as consider ground water effects (buoyancy forces). The shoring system must be corrosion resistant and maintain its structural integrity for sufficient duration (50 to 100 years). Interlocking steel sheet piles are an acceptable material,provided they are H:\File Sys\PRM-Property Services Administration\PRM-30-Easements10001 -Amendments\198809230146\Easement Amendment.doc Page 1 FORM 03 0013/bh/CA2-21-97 designed to maintain their structural strength for 50 to 100 years. Another option is a cast in place concrete reinforced wall. The shoring system will need to span the entire length of the �rrrr building's west wall, with an additional 10 feet beyond the end of the wall. The proposed shoring shall be placed adjacent to the amended easement line to maximize the separation between the 72-inch pipe and the proposed shoring system such that a minimum of 2 to 3 feet of separation is provided between the pipe and the amended easement line. 2. Release of the easterly 5 feet of existing easement only applies to that portion of the easement adjacent to the west side of the building and 10 feet on either side of the northwest and southwest corners of the building. All remaining portions of the existing easement for the 72- inch storm pipe shall remain a width of 20 feet. 3. Prior to construction of the building or installation of the required shoring,the development proponent or representative shall TV inspect the existing 72-inch storm line adjacent to where the proposed building wall and required shoring is to be constructed to establish the condition of the pipe prior to construction. The TV tape shall be provided to the City prior to the issuance of the project construction permit. Upon completing the building shoring construction and all pile driving onsite, a post-construction TV inspection shall be performed and the tape provided to the City to review. The tapes will be used to determine if the pipe was damaged as a result of the construction work. City inspectors shall be notified and on site when TV inspections(pre and post-construction)are performed. 4. During construction of the building shoring, the invert elevations and rim elevations at manhole structures associated with the 72-inch storm system, closest to the wall construction, shall be monitored for any settlement,along with the surface area above the pipe. 5. If the pipe is damaged or settlement occurs during construction or if damage or settlement is identified within one year following final occupancy, the developer will be responsible to repair the damage or settlement to City standards. 6. If the City has to replace or reconstruct the pipe in the area where the existing easement is being reduced, and the City incurs additional costs due to the reduced easement width and lack of the building set back from the easement as required, the property owner agrees to pay the additional cost as identified by the City. H:\File Sys\PRM-Property Services Administration\PRM-30-Easements\0001-Amendments\198809230146\Easement Amendment.doc irr Page 2 FORM 03 0013/bh/CA2-21-97 41111111111. IN WITNESS WHEREOF,said City has caused this instrument to be executed by the Mayor and City Clerk this day of ,20 . `rr MAYOR CITY CLERK STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton are the persons who appeared before me,and said persons acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR,and the CITY CLERK,CITY OF RENTON,to be the free and voluntary act of such 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: IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. 11**4104 CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) f On this day of ,before me personally appeared to me known to be - of the corporation that executed the within' ment,and acknowledge the said instrument to be the free and voluntary a d deed of said corporation,for the uses and purposes therein mentioned d each on oath stated that he/she was authorized to execute said . G e instru.•-nt and that the seal affixed is the corporate seal of said corporation. iv[LC ;l f Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\File Sys\PRM-Property Services Administration\PRM-30-Easements\0001-Amendments\I8809230146\Easement Amendment.doc Page 3 FORM 03 0013/bh/CA2-21-97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c--.- !._-,i,.- - - Ac ,.rcc�t.,,--,w k. , .c c&,.--- rc�cmcc sc er ,cam cTe c< ' -, -c:E, State of California ss. County of -',,,It C-- t On [. /,,,/,/,--- before me, L!-•`>�--h i4 - /� f;, r j i .✓mac i'�i 1>%�. ,�`:%'� 4://-‘:�=Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared /i, _ ./t/77f" •''./(L/!_, -_, , Name(s)of Signer(s) ( personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed CHRISTINE 1CAWAMOTO to the within instrument and acknowledged to me that e/ h.eir . �, Commission#1441250 hsbe/#�6y executed the same in his/herIt i■ g) Notary Public-California t authorized capacity(ies), and that by his/her/their � / _ s:3:70:047_ signature(s) on the instrument the person(s), or the fiAyCoee .2007 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. law Place Notary Seal Above L-./ 'f-4/-crc'it-it/7,- Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): LI Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ElAttorney in Fact OF SIGNER El Attorney Fact OF SIGNER Top of thumb here in Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ` es•as er 4P's- .ate‘_11.-V-'-' -",_ .c,^��i`�4^��c� �:`�; �Z`�`C�1��:`�^"- G'�i.�i.`��^ .ra��'�^�h>�-'��^� VC'cG�.,e.`�: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A PARCEL DESCRIPTION Lot2 of City of Renton Short Plat LUA—060-080-SHPL, as recorded under King County Rec. No. 20061011900007, situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W. M., in the City of Renton, King County, Washington. EXHIBIT B EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Rec. No. 8809230146, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Rec. No. 20061011900007, described as follows: Commencing at the Northeast corner of said Lot 2; Thence South 49°05'06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31°53'55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of 23.70 feet; Thence South 71°59'30" West for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 364.50 feet; Thence North 71°59'30"East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 465.30 feet to the Northerly line of right- of-way dedicated to the City of Renton in instrument recorded under King County Auditor's file No. 20061013000375, being a point on a non-tangent curve concave to the Northeast having a radius of 36.00 feet from which a radial line of said curve bears North 24°27'39" East; Thence Northerly and Westerly along said curve for an arc length distance of 30.62 feet through a central angle of 48°44'11"; 41610, Thence South 68°32'59" West for a distance of 8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of 769.85 feet; Thence continuing along said Easterly margin at North 08°39'15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31°53'55"East along said Southerly margin for a distance of 16.14 feet to the True Point of Beginning; All situate in the Northwest quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton, King County, Washington. EXHIBIT MAP "C" SHEET 1 \K,,,s_HOUSER WAY \,--., ___--- �� / �PJ +� 14- GpRN�R vol 2 Q�4 .oma•.. I AT y5 E 53 T 55456 30`� ��. I 5\a23io ,2 / 1 j Pal ,moi 0 100 200 400 FpFt DE ,Z I �� i �SE� SNEEZ 2 � Scale In Feet A L 1� pL �0 c04%-.:080-- 7 0\ o #ypA.-050510\\g000p 1 x SEo sE 2 ) p, 1 4-'QRpPO \ 5d r20 0 \` 30 0 \ L0l \ i\ ..,44 Se,, 40n d8 p4 0� 0-UPR 1 1 �...,Afti750 Sixth Street South . Kirkland,IN 98033 PACEp.425.827.2014 I f.425.827.5043 Civil I Structural I Planning I Survey An Engineering Services Company paceengrs.com SCALE: 1" = 200' FILE:\5770-EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 EXHIBIT MAP "C"SHEET 2 .�`), St/3'00'30"E .4) coa 23.70 �"i IP / S7r59'30"W 5.00 LOT 2 SP # LUA-06-08OSHPL \ \ REC. M 20061011900007 \ \ cR \a- \ as, o o \c^ 0s \I /killiif \ 723\ \ 4- \ \ ...... i X Al:11 i i \ \ • , \ N 71'59'30"E 0 :rte 0 120 \ 5.00 iyScale In Feet \ \ \--\ J --.'''. �■•...,,, 750 Sixth Street South `'�. Kirkland,WA 98033 p.425.827.2014 I f.425.827.5043 PACE Civil I Structural I Planning I Survey An Engineering Services Company paceengrs.com SCALE: 1" = 60' FILE:\5770—EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 .vim.. EXHIBIT A PARCEL DESCRIPTION Lot 2 in City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007, records of King County, Washington. ✓»irrvr sysrav,.s, 1--; , 1; . , tri 4 �� c; ® ` ,1. 23345 ® k C'?Ir 2,3,•, 1Z1 b. EXHIBIT B EASEMENT DESCRIPTION That portion of the existing utility easement recorded under King County Auditor's file No. 8809230146, records of King County, Washington, lying within Lot 2 City of Renton Short Plat No. LUA-06-080-SHPL as recorded under King County Auditor's file No. 20061011900007,records of King County, Washington, described as follows: Commencing at the Northeast corner of said Lot 2; Thence South 49°05'06" West along the Northerly line of said Lot 2, being the Southerly margin of Park Avenue North, for a distance of 406.82 feet; Thence continuing along the Northerly line of said Lot 2 and Southerly margin of Park Avenue North at South 31°53'55" West for a distance of 46.64 feet to the Easterly line of said existing utility easement and the True Point of Beginning; Thence South 18°00'30" East along said Easterly line for a distance of 23.70 feet; Thence South 71°59'30" West for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 364.50 feet; Thence North 71°59'30"East for a distance of 5.00 feet; Thence South 18°00'30" East for a distance of 465.30 feet to the Northerly line of right- of-way dedicated to the City of Renton in instrument recorded under King County Auditor's file No. 20061013000375, being a point on a non-tangent curve concave to the Northeast having a radius of 36.00 feet from which a radial line of said curve bears North 24°27'39"East; ;oymy, Thence Northerly and Westerly along said curve for an arc length distance of 30.62 feet through a central angle of 48°44'11"; Thence South 68°32'59" West for a distance of 8.33 feet to the Easterly margin of Garden Avenue North as delineated on said Short Plat; Thence North 18°00'30" West along said Easterly margin for a distance of 769.85 feet; Thence continuing along said Easterly margin at North 08°39'15" West for a distance of 47.07 feet to the Southerly margin of Park Avenue North as delineated on said Short Plat; Thence North 31°53'55"East along said Southerly margin for a distance of 16.14 feet to the True Point of Beginning. �) »vi/yl�r�nr► �c�ctttt�c\\y �Y' 4 w Y4 . ter i '4 • O \ EXHIBIT MAP "C" SHEET 1 �HOUSER WAY P �� E CORNER k- 2 P�� 6 N 4 �o \ 55„ - \ / 1a 00,30`N S 2330 \Z / G� DESP��> \i 0 100200 400 \ I. I �� SNEER 2 FpR \°o, Scale In Feet \ \�S \2 \ L0� 2 .10 \�0 R�N1O oap,SNP\' 0 D.\ 03N-06 0000pp0� \ ;\ o REC.# 2-C3° \ 4 LA ill r^\ E9 E).5°4NI - \ �PRpPpS \ Z\ \ \,-465.d 65 0 \ 50-6 \ \ k_pS 1 \ \ cA- \ i` IA p6,,8o�A \ 750 Sixth Street South 12A Kirkland,WA 98033 p. 425.827.2014 I f.425.827.5043 Civil ( Structural I Planning I Survey An Engineering Services Company paceengrs.com SCALE: 1” = 200' FILE:\5770—EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 EXHIBIT MAP "C" SHEET 2 `) S18'00'30"E 'ti e` 23.70 / / \ \ S71'59'30"W 5.00 \ LOT 2 SP # LUA-06-080SHPL \ \ REC. # 20061011900007 \ \ \N \ \ cA, Z \s \ o o\A \ o \w \rn \o \ Z\ \ rn \ z \ \ \ mZ \ \ \ • \ N71'59'30"E 0 30 60 120 \ 5.00 \ 1 { Scale In Feet 750 Sixth Street South Ir;A Kirkland, WA 98033 p.425.827.2014 I f. 425.827.5043 Civil I Structural I Planning I Survey An Engineering Services Company paceengrs.com „,. SCALE: 1” = 60' FILE:\5770-EXH.DWG DATE: 11/9/06 DMB PROJ. NO.: 05770.14 -_,. a CITY OF RENTON JAN 0 8 2007 f RECEIVED January 7, 2007 CITY CLERK'S OFFICE h/c/1d vexed To the Members of the Renton City Council: I would like to say,that being a nearly life long member of the community, I do believe the Task Force and the City of Renton have come up with a very workable solution of figuring out zoning for the East Plateau. Having grown up in lower Kennydale and thanks to Kennydale Beach, I got acquainted with an Issaquah boy who lived only blocks from where I am now living. I got to see all the beauty if the area since the early 50's. I have lived out at Maple Hills for over 20 plus years and am now living in South Briarwood since 1989. Come March, it will be 18 years. Up until about 5 years ago, I was one of the people who said-keep Renton out of this. Leave us alone. Shirley Day and Caroline Buckett came by when I was working in the yard with a petition for signatures about the high density housing that was going in under King County Laws. I signed, I got involved with CARE, and it became a very educational experience. Trying to work with the County was very exasperating. We,turned to Renton and asked for help,not only did you hear us but you also listened. Rebecca Lind and Don Erickson, in my book have been angels. I know I have bugged them, and graciously they have forwarded our concerns on to you. Areas such as Kent to Kirkland, Redmond and Woodinville are now taking a second look as to what is happening. High density is creating problem neighborhoods. The rat syndrome is happening. We don't need these problems of larger cities. No back yards for children to play. Looking out your window and seeing a blank wall staring back at you. Vegetation being demolished. No space for water absorption. Enough is enough. We live in the area we do because we choose to do so. Seeing it being destroyed is very heart breaking. I think we are all moving in the right direction. My husband and myself being a home owner on the East Plateau are encouraging you to accept the recommended zoning for our Plateau area. We do know there are,and always will be exceptions for those grandfathered in. Let's just all try to work together. Thank you, Anita and Richard Oliphant 16519 SE 145th St. Renton, Wa. 98059 Ph: 425-271-9825 t,-7r7v1 E'l �. c:7,7 `,7 Date l— o24"' COMMITTEE OF THE WHOLE COMMITTEE REPORT January 8,2007 East Renton Plateau Annexation Interlocal Agreement with King County (November 6, 2006) The Committee of the Whole recommends concurrence in the staff recommendation to approve an interlocal agreement with King County which will: transfer properties related to the annexation of the East Renton Plateau area; set an effective date of annexation; and transfer King County Annexation Initiative funding to the City upon an affirmative annexation vote in February 2007. The Committee of the Whole accepts the technical amendments proposed by the Metropolitan King County Council in its ratification of the same agreement on December 4, 2006, and incorporates those changes in the City's approved version of the agreement. The Committee further recommends that the resolution authorizing the Mayor and City Clerk to sign the interlocal agreement be presented for reading and adoption. / Toni Nelson, Council 'resident cc: -Jay-Covington- Malty Wuro Alex Pietsch ArP OVER BY 1 PLANNING AND DEVELOPMENT COMMITTEEoliNCiL COMMITTEE REPORT Date /-614-02007 January 8, 2007 East Renton Plateau Potential Annexation Area Prezoning MAJORITY REPORT (Referred December 11, 2006) The Planning and Development Committee majority recommends concurrence in the Planning Commission recommendation to approve the prezoning map as shown on the East Renton Plateau Planning Commission Preliminary Recommendation Map dated December 14, 2006. The Committee further recommends that the ordinances establishing Resource Conservation, Residential-1, Residential—4 and Residential 8 zoning be presented for first and advanced to second reading. Terri Briere, hair an Clawson, Vice Chair cc: Rebecca Lind Alex Pietsch - E Renton Pre Zoning.doc\ Rev 01/06 bh ab W —_ .. .IIIII.,..r......„_.„,,„, 11 --mow .........,........L.6„,,,,.......,,..,,,, �1P :; womm4.11 -l-�:= .11x111111= +� 7 -•��.r��.�■■: ■colli/�,�..ra...o►���+1�11� -_Z ... �`1 M „,,,..,:r.„,.........:;.,..,,,r n.11.•III• Ir1,i �1�,� L■ E�I�III€ :7::: r i ��ii. ..,1' !=� _� %i/,, ,' T.I=\ 1 r.. f _^„� w.J .nv a V/4' n cal I�ll .:_� ��� .. e71111111 '"' FINANCE COMMITTEE REPORT Date 1"'WO 7 January 8,2007 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on January 8, 2007, claim vouchers 255234-255738 and 3 wire transfers, totaling $3,959,581.57 , and 1261 direct deposits, payroll vouchers 66895- 67186, and 2 wire transfers, totaling $4,045,752.88 . r% Don Persson, Chair n (41°-, 1/(4r- Denis Law, Vice-Chair 411119 Dan Clawson, Member ArTrT 1,77D BY 1 Date /-6P-20° 7 FINANCE COMMITTEE COMMITTEE REPORT January 8, 2007 Allocation of Lodging Tax funding for 2007 (December 11, 2006) The Finance Committee recommends concurrence in the Lodging Tax Advisory Committee's recommendation to allocate Lodging Tax funding for 2007 tourism-related activities as follows: • $85,000 to the Renton Community Marketing Campaign; • $125,000 to Renton Visitor's Connection; and • A one-time allocation of $5,000 to the City of Renton Community Services Department to collaborate with other cities and the Seattle/King County Health Department in the production of a South King County "Healthy Lifestyles" map, featuring a listing of trails, recreational, and exercise opportunities throughout the region. The Renton IKEA Performing Arts Center is encouraged to work closely with Renton Visitor's Connection to explore the possibility of future Lodging Tax funding allocations either directly, or through the organization's annual work plan. Don Persson, Chair /64,044, VU Denis W. Law, Vice Chair Dan lawson, Member cc: Mike Bailey Alex Pietsch 2007 funding comm report.doc\ Rev 01/06 bh CITY OF RENTON LODGING TAX ADVISORY COMMITTEE December 6, 2006 Allocation of Lodging Tax funding for 2007 The Lodging Tax Advisory Committee met December 6, 2006 to discuss the allocation of Lodging Tax funding for 2007. This year, for the first time, the Committee received request from two new organizations, the City of Renton Community Services Department and the Renton IKEA Performing Arts Center. The Committee recommends that the City Council allocate Lodging Tax funds for 2007 as follows: • $85,000 to the Renton Community Marketing Campaign; • $125,000 to Renton Visitor's Connection; and • A one-time allocation of $5,000 to the City of Renton Community Services Department to collaborate with other cities and the Seattle/King County Health Department in the production of a South King County "Healthy Lifestyles" map, featuring a listing of trails, recreational, and exercise opportunities throughout the region. The Renton IKEA Performing Arts Center is encouraged to work closely with Renton Visitor's Connection to explore the possibility of future Lodging Tax funding allocations either directly, or through the organization's annual work plan. 4/1/()) 4tr— Denis W. Law, Chair cc: Alex Pietsch 2007 Funding Comm report_l.doc\ Rev 01/06 bh AF-7— y Y COMMITTEE ON COMMITTEES COMMITTEE REPORT Date f_1 e2p 7 *i January 8, 2007 Council Committee Assignments for 2007 Revisions The Committee on Committees recommends the following changes to the Council committee meetings days and times for 2007: Utilities Committee will meet on the first and third Thursdays at 3:00 pm Planning and Development Committee will meet on the first and third Thursdays at 2:00 pm Transportation/Aviation Committee will meet on the first and third Wednesdays at 4:00 pm Toni Nelson, Council President 1-7;0„1"-- Denis W. Law, President Pro-Tern R�nd Com , IVfember y CSC: Lavey Warrer, Terry 1—g ash;yanaa Alex Piefccti Mi Ke t3ai/e y -David 'Daniels yYjiKe Webby 6re,” zinir»ermah kevr'n MI l usecti Fred k a u-ren evi