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Home My WebLink AboutCouncil 03/17/2003• AGENDA RENTON CITY COUNCIL REGULAR MEETING March 17, 2003 Monday, 7:30 p.m. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. PROCLAMATION: Absolutely Incredible Kid Day — March 20, 2003 4. SPECIAL PRESENTATION: WSDOT partial closure of I-405/SR-167 Interchange 5. PUBLIC HEARING: Proposed annexation and prezone of 8.52 acres bounded by SE 128th St. to the north, SE 130th St. to the south, 156th Ave. SE to the east, and 152nd Ave. SE to the west. (Bales Annexation) 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of March 10, 2003. Council concur. b. Development Services Division recommends approval of an agreement with Parametrix to prepare the Environmental Impact Statement (EIS) for the Barbee Mill Preliminary Plat proposal (LUA-02-040). Barbee Mill Company will pay for the EIS preparation. Council concur. c. Economic Development, Neighborhoods and Strategic Planning Department recommends approval of the 2002 annual amendments to the City's Zoning Book and Wall Map. Council concur. (See 1 La. for ordinance.) d. Hearing Examiner recommends approval of a rezone of a 21.37-acre site located east of Garden Ave. N. and north of N. 8th St. from Heavy Industrial (IH) to Center Office Residential 3 (COR 3); Fry property (R-02-149). Council concur to approve the rezone and refer the issue of residential use in the COR 3 Zone east of Garden Ave. N. to Planning and Development Committee. (See I Lb. for ordinance.) e. Technical Services Division recommends approval of a six-foot utility easement with QWEST within the City's easement area (Parcel Number 683840-0010) for installation of a fiber optic cable for the new King County 911 Emergency Center located to the south of the City Shops at 3555 NE 2nd St. Council concur. f. Technical Services Division recommends approval of a six-foot utility easement with QWEST near the northern property line of the City Shops property at 3555 NE 2nd St. (Parcel Number 162305-9123) for installation of a fiber optic cable for the new King County 911 Emergency Center located to the south of the City Shops. Revenue generated is $2,007.18. Council concur. g. Transportation Systems Division recommends approval of an agreement with King County to receive grant funding in the amount of $80,000 for the signal synchronization of 13 traffic signal locations along the NE 3rd and NE 4th St. corridor. Refer to Transportation Committee. (CONTINUED ON REVERSE SIDE) h.. Transportation Systems Division recommends approval of an agreement with the Washington State Department of Transportation (WSDOT) for the design and construction of intersection and traffic signal improvements at NE Sunset Blvd. and Duvall Ave. NE. City project share is $44,000. Refer to Transportation Committee. i. Utility Systems Division requests approval of the annual consultant roster listing eleven firms to provide appraisal and right-of-way services for 2003, with the option of extending the roster annually in 2004 and 2005 upon Public Works Administrator approval. Council concur. j. Utility Systems Division submits CAG-02-120, Springbrook Springs Watershed Property Fencing Installation; and requests approval of the project, authorization for final pay estimate in the amount of $13,798.02, commencement of 60-day lien period, and release of retained amount of $3,440.13 to F & H Fence Co., Inc., contractor, if all required releases are obtained. Council concur. 9. CORRESPONDENCE Letter from Glen R. Davis & Jeffrey M. Silesky, Davis & Silesky Real Estate Investment Services, 15600 NE 8th St., Suite B1-173, Bellevue, 98008, stating that Urban Crafts proposes to construct a mixed -use facility at the corner of NE 4th St. and Olympia Ave. NE, and due to the substandard utilities in that area, requests that a sanitary sewer and water main be constructed in Olympia Ave. NE as a joint project with the City of Renton. 10. OLD BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the chairman if further review is necessary. a. Community Services Committee: Naming the Trail Connection from Cedar River Trail to Southport Development in Memory of Sam Chastain 11. ORDINANCES AND RESOLUTIONS Resolution: Calling for an annexation election for the Bales Annexation (see 5.) Ordinances for first reading: a. 2002 amendments to the zoning classifications of properties (see 8.c.) b. Fry property rezone from Heavy Industrial to Center Office Residential 3 (see 8.d.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT CONB41TTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6:30 p.m. Monorail Briefing; Legislative Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk * CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting March 17, 2003 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; TERRI BRIERE; KING COUNCILMEMBERS PARKER; DON PERSSON; RANDY CORMAN; TONI NELSON; DAN CLAWSON. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LARRY WARREN, City Attorney; MICHELE NEUMANN, Deputy City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JIM SHEPHERD, Community Services Administrator; ALEX PIETSCH, Economic Development Administrator; SANDRA MEYER, Transportation Systems Director; DON ERICKSON, Senior Planner; DEREK TODD, Assistant to the CAO; COMMANDER KATHLEEN MCCLINCY, Police Department. PROCLAMATION A proclamation by Mayor Tanner was read declaring March 20, 2003, to be Absolutely Incredible Kid "Absolutely Incredible Kid Day" in the City of Renton, and encouraging all Day — March 20, 2003 adults to make a difference in the life of a child by composing letters and delivering them to the children in their lives. MOVED BY KEOLKER- WHEELER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Margaret Stepper and Karen Nelson accepted the proclamation on behalf of Camp Fire, USA. SPECIAL PRESENTATION Gregg Zimmerman, Planning/Building/Public Works Administrator, reported WSDOT: I-405/SR 167 that the Washington State Department of Transportation (WSDOT) has been Interchange Flyover Ramp constructing a flyover ramp at the interchange of SR 167 and I-405 to assist Project traffic movements and to improve safety. He advised that in order to tie the flyover ramp into the roadway, partial closure of the interchange would be necessary. He introduced WSDOT project managers, Ed Conyers and Ingo Goller, who gave a briefing on the subject. Mr. Goller explained the need to shut down the SR 167 southbound exit ramp from I405 to complete the flyover project. He stated that motorists will be directed to proceed to the exit for SR 181, where they will go under I405, get back on I405, and head north. They will then be able to take the southbound exit for SR 167 from the northbound lanes of I405. Councilman Persson thanked WSDOT staff for their work on this difficult project, noting that it will greatly improve the intersection. Mr. Conyers stated that the ramp will close at 10:00 p.m. on Friday, March 28, and open at 5:00 a.m. on March 31. Mr. Goller added that if weather prevented the completion of the project as scheduled, WSDOT would re -publicize and reschedule the closure for the following weekend. March 17, 2003 Renton City Council Minutes Page 98 PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Bales, SE 128th accordance with local and State laws, Mayor Tanner opened the public hearing St to consider the resolution authorizing an annexation election and consideration of R-5 (Residential Single Family; five dwelling units per net acre) prezoning for the Bales Annexation; approximately 8.52 acres generally bounded by SE 128th St. to the north; SE 130th St., if extended, to the south; 156th Ave. SE, if extended, to the east; and the middle of 152nd Ave. SE, to the west. Don Erickson, Senior Planner, explained that the annexation was initially submitted in early 2002 but since the State Supreme Court invalidated the petition method of annexation, a revised application was submitted using the election method. He stated that the applicant has agreed in writing to reimburse the City for the cost of the election. Mr. Erickson reported that the site is within the City's potential annexation area and it currently contains four single-family dwellings and an abandoned heavy equipment repair/maintenance facility, Seaport Dozing. He stated that an enforcement action by King County forced Seaport Dozing to close down in February, 2003. In regards to public services, Mr. Erickson reported that the site is served by Fire District #25, the Issaquah School District, Water District #90, and it is within the City's sewer service area. Mr. Erickson noted that the site abuts 14 acres of King County property, which is designated for parklands. Continuing, Mr. Erickson stated that King County zoning is R-4 (four dwelling units per gross acre). Renton's Comprehensive Plan designates this site as Residential Rural for which R-5 zoning is proposed. R-5 zoning is consistent with King County's R-4 zoning. Mr. Erickson reviewed the fiscal impacts of the proposed annexation, assuming an increase to 34 single-family dwelling units at full development, and a new home value of $260,000. He explained that at current development, there is a surplus of $566, and at full development, a deficit of $151. In conclusion, Mr. Erickson stated the annexation furthers the City's business goals, is consistent with City policies for annexation and for single-family rezones, and meets the Boundary Review Board criteria. He stated that except for an estimated one-time parks development expense of $21,000, there are no service issues. Mr. Erickson recommended that Council adopt a resolution authorizing an annexation election for the site; authorize the Administration to draft a prezone ordinance for R-5 zoning; and authorize the submittal of the Notice of Intent package to the Boundary Review Board. Responding to Councilman Clawson's inquiry, Mr. Erickson explained that the applicant will reimburse the City for the cost of the election, which will be approximately $1,500 to $2,000. Councilman Persson inquired about the abutting King County parkland and possible annexation of the area. Mayor Tanner responded that it would be prudent to approach King County on the issue. In response, Alex Pietsch, Economic Development Administrator, explained that because there are no residents on the abutting King County park property, annexation by election could not take place pursuant to statute. Council discussion ensued regarding whether King County should be approached to determine if they want to divest themselves of the abutting property for attachment to the Bales annexation area. March 17, 2003 Renton City Council Minutes Page 99 Jim Shepherd, Community Services Administrator, reported that he has been discussing the abutting parkland annexation issue with King County. Larry Warren, City Attorney, confirmed that the scope of the annexation could be expanded to include the property; however, to do so would require renotification and another public hearing. Councilman Persson stated that he is in favor of annexing the parkland but does not want to delay the proposed annexation. Councilman Parker suggested that the City explore annexing the parkland property in the future. Council President Keolker-Wheeler added that there are other possible annexations in this particular area and King County should be approached soon regarding the parkland property. Public comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL: ADOPT A RESOLUTION AUTHORIZING AN ANNEXATION ELECTION FOR THE BALES PROPERTY TO ASK VOTERS WHETHER THEY WISH TO BE ANNEXED TO RENTON, WHETHER PROPERTY OWNERS WITHIN THE ANNEXATION AREA SHOULD BE TAXED AT THE SAME RATE AS OTHER RESIDENTS OF THE CITY, AND WHETHER THEY SUPPORT RENTON'S R-5 ZONING FOR THIS AREA; AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2003 and beyond. Items noted included: • The Parks Division has contracted with Susan Black and Associates to conduct an Urban Forest Inventory. The project will begin March 17th and be completed in May. All trees in the public right-of-way and in parks will be inventoried and located by global positioning system points and placed on a geographic information system database. The inventory will include surveys of specific greenway and natural zone areas. The consultants will identify themselves to the general public and pass out City information cards that describe how to obtain further information on the project. • A pre -application workshop for non-profit agencies interested in applying for 2004 Community Development Block Grant (CDBG) Public Service Funds or Capital Funds will be held on Thursday, March 27th from 1:00 to 3:00 p.m. at Carco Theatre. Renton applications are due May 12th. • The Boeing Renton Site Environmental Impact Statement Scoping public meeting will be held on Tuesday, March 25th, from 6:00-8:30 p.m. at Renton High School Commons (400 S. 2nd St.). The EIS will study four different redevelopment alternatives on Boeing's 280-acre site and the Puget Sound Energy property adjacent to the northeastern corner of Boeing's property. The public can review the alternatives and include input on what environmental issues should be studied and analyzed in the EIS. March 17, 2003 Renton City Council Minutes Page 100 EDNSP: Boeing Renton Site Council President Keolker-Wheeler encouraged the public to attend the Boeing EIS Scoping Notice Renton Site EIS Scoping public meeting and provide their comments. AUDIENCE COMMENT Kathy Silvernale, 608 S. 27th Ct., Renton, 98055, expressed concern about the Citizen Comment: Silvernale — signs placed last week at the corner of S. 23rd St. and Smithers Ave. S., across Talbot Hill Elementary School from Talbot Hill Elementary School. She reported that notice was not provided Area Traffic Congestion, to the school prior to installation of the signs. Ms. Silvernale noted that traffic Signage studies were conducted by Renton's Transportation Division, following complaints by Smithers Ave. S. residents of traffic congestion. Ms. Silvernale explained there are only two exits from the school grounds and that Smithers Ave. S. is one of the only access roads to and from the school. She stated that since the signs prohibit left turns onto Smithers during certain hours, a significant traffic backup has resulted, causing a safety hazard for the crossing guards and pedestrians. She reported that school buses are now running late because of the backed up traffic. Ms. Silvernale requested the signs be removed until further traffic studies are conducted or alternate plans are made with the school authorities. She stated that restricting traffic from Smithers Ave. S. will not solve the problem, and she also suggested the installation of sidewalks to make the area safer for pedestrians. Citizen Comment: Eide — Paula Eide, 2732 Mill Ave. S., Renton, 98055, also expressed her concern Talbot Hill Elementary School about the signs placed near Talbot Hill Elementary School saying they impede Area Traffic Congestion, traffic and cause considerable congestion and safety issues for crossing guards Signage and children. She noted that a crossing guard was directing traffic on Talbot Rd. S. today to eliminate the backup. She requested the Council investigate the traffic problems and re-evaluate the traffic studies conducted by the City. Citizen Comment: Johnson — Arland "Buzz" Johnson, 334 Wells Ave. S., Apt. 221, Renton, 98055, explained Power Outages, Noise that the power was out again at his apartment building, affecting the use of the Problems elevator. He expressed concern about safety because when the elevator is inoperable, ambulance crews are forced to evacuate people by using the stairs. He also reported that the train that passed through at 1:00 a.m. sounded its whistle 17 times. In addition, Mr. Johnson reported excessive noise from McGowan's Restaurant parking lot resulting in a call to the Police Department. Citizen Comment: Marconi — Terry Marconi, 2114 Smithers Ave. S., Renton, 98055, commented on the Talbot Hill Elementary School signage installed near Talbot Hill Elementary School on March 13, 2003. Area Traffic Congestion, Because of his 41-year history living on Smithers Ave. S., he stated that the Signage impact of additional traffic on the street, which was not built to handle high traffic volumes, is significantly impacting the neighborhood. He explained that due to increased traffic during school hours, residents on Smithers are unable to leave their driveways. Responding to Mayor Tanner's question regarding the wording on the signs, Mr. Marconi explained that the signs prohibit left turns onto Smithers during the hours of 8:00 a.m. and 9:00 a.m. and 3:00 p.m. to 4:00 p.m. He noted that the signs have significantly reduced traffic on Smithers Ave. S. Gregg Zimmerman, Planning/Building/Public Works Administrator, gave a briefing on the matter. Displaying an aerial photograph to illustrate the placement of the signs near the school, he explained how cars traveling on Talbot Rd. S. turn onto S. 23rd St., enter the school grounds, and then exit by taking a right onto S. 23rd St. followed by a left onto Smithers Ave. S. Mr. March 17, 2003 Renton City Council Minutes Page 101 Zimmerman noted that Smithers is a substandard, narrow road with ditches on both sides and limited sidewalks. Mr. Zimmerman stated that traffic complaints reported to the Transportation Division included speed and capacity issues during school drop-off and pick-up times. The situation was studied and five options were reviewed in response to the complaints. Mr. Zimmerman noted that the City did not do a good job communicating with school authorities in advance of the sign installation. He explained that City staff is re-evaluating the situation. Councilman Parker expressed concern regarding the traffic congestion on Smithers Ave. S., and questioned whether a traffic light installed at Talbot Rd. S. and S. 23rd St. would help to alleviate congestion. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THE ISSUE OF TRAFFIC CONGESTION IN THE TALBOT HILL ELEMENTARY SCHOOL AREA TO TRANSPORTATION COMMITTEE. CARRIED. Mayor Tanner stated that recommendations would be made to the Transportation Committee after further studies are conducted. As a temporary solution, Councilman Clawson suggested that a traffic officer be assigned to the area to direct traffic during peak hours. Councilwoman Nelson suggested that parents consider carpooling to help reduce traffic volume. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At Councilwoman Briere's request, item 8.b. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of March 10, 2003. Council concur. March 10, 2003 Planning: 2002 Annual Update Economic Development, Neighborhoods and Strategic Planning Department of the Zoning Book & Wall recommended approval of the 2002 annual amendments to the City's Zoning Map Book and Wall Map. Council concur. (See page 103 for ordinance.) Rezone: Fry Property, Garden Hearing Examiner recommended approval of a rezone of a 21.37-acre site Ave N, IH to COR 3 (R-02- located east of Garden Ave. N. and north of N. 8th St. from Heavy Industrial 149) (IH) to Center Office Residential 3 (COR 3); Fry property (R-02-149). Council concur to approve the rezone and refer the issue of residential use in the COR 3 Zone east of Garden Ave. N. to Planning and Development Committee. (See page 103 for ordinance.) Technical Services: QWEST Technical Services Division recommended approval of a six-foot utility Utilities Easement for 911 easement with QWEST within the City's easement area (Parcel Number Emergency Center (City Shops 683840-0010) for installation of a fiber optic cable for the new King County southern property line) 911 Emergency Center located to the south of the City Shops at 3555 NE 2nd St. Council concur. Technical Services: QWEST Technical Services Division recommended approval of a six-foot utility Utilities Easement for 911 easement with QWEST near the northern property line of the City Shops Emergency Center (City Shops property at 3555 NE 2nd St. (Parcel Number 162305-9123) for installation of a northern property line) fiber optic cable for the new King County 911 Emergency Center located to the south of the City Shops. Revenue generated is $2,007.18. Council concur. March 17, 2003 Renton City Council Minutes Page 102 Transportation: NE 3rd/4th St Transportation Systems Division recommended approval of an agreemenMith Corridor Signal King County to receive grant funding in the amount of $80,000 for the signal Synchronization, King County synchronization of 13 traffic signal locations along the NE 3rd and NE 4th St. Grant corridor. Refer to Transportation Committee. Transportation: NE Sunset Transportation Systems Division recommended approval of an agreement with Blvd & Duvall Ave NE the Washington State Department of Transportation (WSDOT) for the design Intersection Improvements, and construction of intersection and traffic signal improvements at NE Sunset WSDOT Grant Blvd. and Duvall Ave. NE. City project share is $44,000. Refer to Transportation Committee. Utility: Annual Consultant Utility Systems Division requested approval of the annual consultant roster Roster for Appraisal & Right- listing eleven firms to provide appraisal and right-of-way services for 2003, of -Way Services with the option of extending the roster annually in 2004 and 2005 upon Public Works Administrator approval. Council concur. CAG: 02-120, Springbrook Utility Systems Division submitted CAG-02-120, Springbrook Springs Springs Watershed Property Watershed Property Fencing Installation; and requested approval of the project, Fencing Installation, F & H authorization for final pay estimate in the amount of $13,798.02, Fence Co. commencement of 60-day lien period, and release of retained amount of $3,440.13 to F & H Fence Co., Inc., contractor, if all required releases are obtained. Council concur.* Public Works: City Shops Referring to items 8.e. and 8.f., Councilman Persson inquired whether there is Fiber Optic Connection an existing fiber optic connection for the City Shops site. Gregg Zimmerman, Planning/Building/Public Works Administrator, responded that he would investigate the matter. *MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.b. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Development Services Division recommended approval of an agreement with Item 8.b. Parametrix to prepare the Environmental Impact Statement (EIS) for the Barbee Development Services: Barbee Mill Preliminary Plat proposal (LUA-02-040). Barbee Mill Company will pay Mill Preliminary Plat EIS for the EIS preparation. Preparation, Parametrix Councilwoman Briere requested that the scope of the EIS report be expanded to include adequate review of historical and cultural resources. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL HOLD ITEM 8.b. FOR ONE WEEK FOR REVISION TO THE AGREEMENT. CARRIED. CORRESPONDENCE Correspondence was read from Glenn R. Davis & Jeffrey M. Silesky of Davis Citizen Comment: Davis & & Silesky Real Estate Investment Services, 15600 NE 8th St., Suite B 1-173, Silesky — Olympia Ave NE Bellevue, 98008, stating that Urban Crafts is proposing to construct a mixed - Utilities Installation use facility at the corner of NE 4th St. and Olympia Ave. NE in the Renton Highlands. Due to the substandard utilities in that area, they requested that a sanitary sewer and water main be constructed in Olympia Ave. NE as a joint project with the City. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL REFER THIS CORRESPONDENCE TO UTILITIES COMMITTEE. CARRIED. March 17, 2003 Renton City Council Minutes Page 103 OLD BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence with the Board of Park Commissioner's Committee recommendation to name the planned waterfront trail connection from the Community Services: Trail Cedar River Trail to Gene Coulon Memorial Beach Park the "Sam Chastain Connection Naming in Waterfront Trail" in memory of former Community Services Administrator, Memory of Sam Chastain Sam Chastain. The Committee further authorized staff to secure and post signage designating this section of the trail. Permanent dedication plaques will be included in the final design of the trail. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3624 A resolution was read calling for the annexation, by election, of contiguous Annexation: Bales: SE 128th unincorporated territory to the City of Renton lying in an area generally St bounded by the City of Renton corporate boundary, including SE 128th St. to the north, SE 130th St., if extended, to the south; 156th Ave. SE, if extended, to the east; and the middle of 152nd Ave. SE, to the west. (Bales Annexation). MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 3/24/2003 for second and final reading: Planning: Annual Update of An ordinance was read adopting the 2002 amendments to the zoning the Zoning Book & Wall Map classifications of properties located within the City of Renton. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/24/2003. CARRIED. Rezone: Fry Property, Garden An ordinance was read changing the zoning classification of approximately . Ave N, IH to COR 3 (R-02- 21.3 acres located at 800 Garden Ave. N. on the east side of the street, between 149) N. 8th St. on the south and N. Park Dr. on the north, from Heavy Industrial (IH) to Center Office Residential 3 (COR 3) zone. (R-02-149, Fry Rezone). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/24/2003.. CARRIED. NEW BUSINESS Councilman Persson requested investigation of a citizen complaint of stop sign Transportation: Mill Ave S/S running at the intersection of Mill Ave. S., Cedar Ave. S. and S. 4th St. 4th St Intersection Stop Sign Running Police: Panhandling in Councilman Persson requested investigation of complaints from local business Downtown Renton owners of aggressive panhandling in downtown Renton. Human Resources: Military Council President Keolker-Wheeler requested information on the number of Service, Staff Call-up City employees called up for military service. EXECUTIVE SESSION MOVED BY PARKER, SECONDED BY NELSON, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 25 MINUTES TO DISCUSS LITIGATION. CARRIED. Time: 9:00 p.m. March 17, 2003 Renton City Council Minutes Page 104 The meeting was reconvened at 9:25 p.m.; roll was called; all Councilmembers present. ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:26 p.m. Michele Neumann, Deputy City Clerk Recorder: Suzann Lombard March 17, 2003 CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING $ 4 March 17, 2003 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 3/24 CANCELLED (Keolker-Wheeler) COMMUNITY SERVICES (Nelson) FINANCE MON., 3/24 Vouchers (Parker) 6:00 p.m. PLANNING & DEVELOPMENT (Brier) PUBLIC SAFETY MON., 3/24 Criminal Nuisance Abatement; (Clawson) 6:30 p.m. Renton Transit Center Safety; Alarm Registration TRANSPORTATION (AVIATION) THURS., 3/20 (Persson) 4:00 p.m. Comprehensive Citywide Walkway Study Update (briefing only); 2003 King County Signal Synchronization Grant; WSDOT Agreement for NE Sunset Bl. & Duvall Ave. NE Intersection Improvements; Sidewalk Utility Markings; Perteet Engineering Agreement for Strander Bl. Extension Design UTILITIES THURS., 3/20 Digital Orthophotography Update (Corman) 3:00 p.m. Agreement; Seattle Cedar River Sockeye Hatchery Project NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF NTON Mayor Jesse Tanner 1 It �.IL//.IL _IIII Whevea,k, March 20, 2003, has been declared the sixth annual Absolutely Incredible Kid Day by Camp Fire USA, a national youth development organization; and W herea4; as part of the celebration of children on this day, adults are encouraged to send letters of love and appreciation to young people in their lives; and W h4p,recw, the Camp Fire USA mission pledges a firm commitment to building caring, confident youth and future leaders; and Whe v*eaW; an extension of that commitment is handed to caring adults through this event to express their feelings in a letter or note that has the profound ability to make a lasting and positive impact on the children in our country; No-vu, T71e+-efovel, I, Jesse Tanner, Mayor of the City of Renton, do hereby proclaim March 20, 2003, to be ,4 NaL�tety I ncredible V&Day in the City of Renton, and I encourage all adults to make a difference in the life of a child by composing letters and delivering them to the children of the City of Renton on March 20, 2003. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 17t" day of March, 2003. Jesse Tanner, yor of the City of Renton, Washington 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) 430-6523 ® This paper contains 50 % recycled material, 30 % post consumer REST®N AHEAD OF THE CURVE �R�1 ( BALES ANNEXATION PUBLIC HEARING RESOLUTION AUTHORIZING ANNEXATION ELECTION & CONSIDERATION OF R-5 PREZONING March 17, 2003 The City is in receipt of a request from a number of property owners in the 15000 block of SE 128th Street, for an Election Annexation for the 8.52-acre Bales annexation site abutting Renton's eastern boundary. The subject site is within the City's Potential Annexation Area and is designated as Residential Rural on the City's Comprehensive Plan Land Use Map. Because the site currently has County R-4 zoning, it is the City's intent to prezone it R-5, 5 units per net acre. City zoning would be applied at the time the site comes into the City. The site would accommodate approximately 34 single-family dwelling units under R-5 zoning. The annexation site appears to have reasonable boundaries. The annexation site abuts the City on its northern and western boundaries. 152nd Avenue SE, if extended, would define its western boundary and 156th Avenue SE, if extended, would define its eastern boundary. The site is relatively flat and not known to have any critically sensitive areas. The site contains five parcels and four detached single-family dwellings. It also houses a heavy equipment repair facility (Sea - Port Dozing and Development, Inc.) on its western parcel. A resolution authorizing the holding of an annexation election for the subject site is before the City Council this evening. The Council will also consider prezoning for this site. 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CITY OF RENTON MEMORANDUM DATE: March 17, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council FROM: Jesse Tanner, 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 • The Parks Division has contracted with Susan Black and Associates to conduct an Urban Forest Inventory. The project will begin March 17m and be completed in May. All trees in the public right-of-way and in parks will be inventoried and located by global positioning system points and placed on a geographic information system database. The inventory will include surveys of specific greenway and natural zone areas. The consultants will identify themselves to the general public and pass out City information cards that describe how to obtain further information on the project. • An article about the great Renton flood of 1911-12 appears in the Winter 2002-03 issue of COLUMBIA, the Magazine of Northwest History, pages 13-16. The Renton Public Library is a subscriber, and has a reference copy on the shelf for readers. Tom Monahan, the author, works part-time at the Renton Historical Society Museum. • The Human Services Division and Communities in Schools of Renton (CISR) co-sponsor the Greater Renton Human Services Provider Network. The Network has scheduled a popular training session called Summer Time Activities for Kids in the Greater Renton Area. It will be held on March 26th from 12:30 to 1:30 p.m. at the Salvation Army Renton Corps, 720 South Tobin. Non-profit agencies are invited to learn more about Renton's recreation activities, day camps, and activity scholarships so that they are better informed when serving children and parents of Renton. For more information call 425430-6650. • The cities of Auburn, Burien, Covington, Enumclaw, Federal Way, Kent, Renton, SeaTac, and Tukwila, along with King County Housing and Community Development, are presenting a pre -application workshop for non- profit agencies interested in applying for 2004 Community Development Block Grant (CDBG) Public Service Funds or Capital Funds. The workshop will be held on Thursday, March 27t', from 1:00 to 3:00 p.m. at Carco Theatre. Renton applications are due May 12� and will be available at the meeting, or can be downloaded from the City's website. For more information, call Dianne Utecht at 425430-6650. • On Thursday, March 13'', at the Senior Activity Center, more than 200 family members and friends attended the Special Populations Winter Banquet, which honored the Special Basketball athletes and ."STAR" (Special Theater Arts of Renton) performers, coaches, and volunteers. Twenty-seven students from Lindbergh High School volunteered at the banquet. • Nine special needs participants experienced snowshoeing for the first time on Saturday, March 15t', through our Special Outdoor Adventures program. • A successful Youth Basketball season concluded last week, boasting over 700 young athletes, more than 90 volunteers, and 263 games. Administrative Report March 17, 2003 Page 2 The after -school recreation program's partnership with Skyhawks Sports Academy has been so successful at Kennydale, Talbot Hill, and Tiffany Park Elementary Schools that the Recreation Division has added an additional twelve programs for this spring. On March 17t' there will be the first in a series of middle school dances offered by the Renton Youth Council Teen recreation program. Held at McKnight Middle School from 5:00 to 8:00 p.m , the dance will be chaperoned by recreation staff, high school volunteers, and parents of the Renton Youth Council. ECONOMIC DEVELOPMENT, NEIGHBORHOODS, & STRATEGIC PLANNING DEPARTMENT • The Boeing Renton Site EIS Scoping Public Meeting will be held on Tuesday, March 250', from 6:00-8:30 p.m. to take comment on the environmental issues surrounding this proposal. The meeting will be held at Renton High School Commons (400 S. Second Street). The EIS will study four different redevelopment alternatives on Boeing's 280-acre site and the Puget Sound Energy property adjacent to the northeastern corner of Boeing's property. The public can review the alternatives and include input on what environmental issues should be studied and analyzed in the EIS. The scoping comment period runs through March 31'. Information is posted on the City's website at www.ci.renton.wa.us. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • We have been advised that the Bonneville Power Administration (BPA) is currently planning routine vegetation management activities along the transmission line rights -of -way and access roads on the Echo Lake/Maple Valley corridor that extends into Renton. As part of their on -going routine maintenance program, either this spring or summer they will be mowing access roads and structure sites, hand -cutting tall growing trees within BPA's right-of-way corridor, and applying a herbicide treatment to control plants. This maintenance work is unrelated to any decision concerning a new transmission line associated with the Kangley/Echo Lake project. �/ • Safe sidewalks and pedestrian facilities are an,i Portant part of Renton's overall transportation system. The 2003 Walkway Plan Update takes a comprehensive, citywide look at the existing walkway network, missing links to that network, and pedestrian attractions. A Walkway Plan Update Open House will be held on Tuesday, March 25a', from 4:00-8:00 p.m. in the City Hall Council Chambers. City staff will be in attendance to discuss the information and answer questions. For additional information, please contact Dan Hasty at 425- 430-7246. POLICE DEPARTMENT • During the week of March 18-24, the Police Department will be conducting traffic emphasis in the following areas: Renton Police Department Traffic Enforcement Emphasis March 18-24 Date 6:00 a.m. to Noon Noon to 6:00 .m. All Da Motorcycles Cars Motorcycles Cars Radar Trailer March 18 School Zones Maple Valley Hwy Rainier Ave N 400 block, S Maple Valley Hwy Tuesda S S S 2 d St Seed East Bound March 19 Hoquiam Ave NE School Zones 400 block, S. 2 St Maple Valley 3800 Lake Wash Blvd Wednesday Speed Speed Speed Hwy Seed March 20 Rainier/Grady Way Maple Valley Hwy Rainier/S 2° St . School Zones 3800 Lake Wash Blvd Thursday March 21 Red light Rainer/Grady Way Seed Lake Wash Blvd Red Light 400 block, S 2 St Seed Rainier/S 2 St 3800 Lake Wash Blvd Friday Red light Seed Speed Seed March 24 1100 Carr Rd Lake Wash Blvd Lake Wash Blvd Rainier Ave N 800 block, Union Ave Monday Speed Seed I Speo I NE I CITY OF RENTON COUNCIL AGENDA BILL AI #: Dept/Div/Board.. Economic Development Neighborhoods Strategic Planning Staff Contact...... Rebecca Lind Subject: Annual Zoning Map and Book Adoption Council adoption of the attached zoning book and map is recommended Exhibits: Issue Paper Ordinance Zoning Book (to be distributed 3/17/03) Zoning Wall Map (on file in City Clerk's Office) For Agenda of: Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance.......... . Resolution.......... . Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council concur. Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted.......... N/A Revenue Generated......... Total Project Budget City Share Total Project.. March 17, 2003 X R. SUMMARY OF ACTION: The changes made in the zoning map by City Council and Hearing Examiner action over the last year need to be incorporated into the adopted zoning book and map. The major change this year is the adoption of zoning for the South Renton Sub -Area Plan, and a change in zoning for the Springbrook Associates parcel at S. 37"' St and the deadend of S. 38`b St. The map book adoption is an annual task. The wall map and zoning book represent the same data in two different formats. STAFF RECOMMENDATION: Approve the annual amendments to the zoning book and zoning map. H:\EDNSP\Zoning Map\Annual Adoption\2002 Zoning Map Book agenda bill.doc/ CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: March 7, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: Mayor Jesse Tanner FROM: Alex Pietsch, Acting Administrator'' STAFF CONTACT: Rebecca Lind (ext 6588) SUBJECT: Annual Zoning Map Update TEST TF: This is a request for adoption of the annual amendments to the City's zoning map. The action before the Council is adoption of the map documents. An ordinance adopting the 2002 annual amendments to the zoning map is attached. RECOMMENDATION: • Adopt the Revised Zoning Map Book and Revised Zoning Map dated March 25, 2003. BACKGROUND SUMMARY: The 2002 changes to the zoning map are completed and presented for Council adoption. Staff is requesting that the City Council adopt the zoning map in two forms. The first is a map book which shows zoning detail by sections of the City, and the second is a handout map that shows the entire City at a glance. Both maps are derived from the identical data. Two maps are needed so that "official" maps at both scales can be made available to the public. These re -zoning actions were all previously approved by the City Council. These changes include the following actions: 1. Springbrook Associates: 5.61 acres south of S. 37th St. -and the dead end of S. 38`h St. Change from Commercial Office (CO) to Residential-10 (R-10). Approved by Ord. 4998. 2. South Renton Sub Area Plan Amendments: The area bounded by Houser Way South, Shattuck Avenue South, South 61h Street, and Burnett Avenue South, as well as the northern half of blocks south of South 6th Street between Shattuck Avenue South, and Smithers Avenue South were rezoned from Residential Multi -Family Urban (RM-U) to Residential Multi -Family Traditional (RM-T); seven parcels on March 7, 2003 Page 2 Burnett Avenue South and Williams Avenue South between South 5th Street and South 4th Street changed from Center Downtown (CD) to Residential Multi -Family Urban (RM-U); the block bounded by South 5th Street, Main Avenue South, Grady Way South, and Wells Avenue South changed from Residential Multi -Family Urban (RM-U) to Center Downtown (CD); four parcels between Burnett Avenue South and Williams Avenue South and south of where South 6th Street would extend are changed from Commercial Office (CO) to Residential Multi -Family Urban (RM-U); four parcels between Burnett Avenue South and Williams Avenue South, south of where South 6th Street would extend as well as two parcels fronting on Grady Way South and Wells Avenue South are changed from Commercial Office (CO) to Center Downtown (CD). CONCLUSION: Council adoption of the attached zoning book and map is recommended. Existing Springbrook Associates �20024-37) Pnopsed Landuse and Zoning Map Study Area Cl - Center Institution RS - Residential Single Family F— --I RO - Residential Options Proposed Proposed Rezone Areas Rezone RM—U to RM—T FM Rezone RM—U to RM—U allowing limited commercial Rezone CO to CD M Rezone RM—U to CD �' Sconomlc Dereloymen4 Neighherhoode k St et Sl, yi.nn,,, Rezone CO to RM—U US Rezone CD to RM—U — — Study Area boundary CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2002 AMENDMENTS TO THE ZONING CLASSIFICATIONS OF PROPERTIES LOCATED WITHIN THE CITY OF RENTON. WHEREAS, pursuant to Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, property located within the City of Renton has been zoned as various zoning classifications; and WHEREAS, the Planning Commission held numerous public hearings and made its recommendation to the City Council; and WHEREAS, the City Hearing Examiner held numerous public hearings and made its recommendation to the City Council; and WHEREAS, the City Council and the Planning and Development Committee have held public meetings to consider the zoning classifications to be assigned to various properties within the City of Renton; and WHEREAS, the City Council established an amendment process as part of its greater Growth Management Act process; and WHEREAS, numerous individuals availed themselves of the amendment processes; and WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: •0 ORDINANCE NO. SECTION I. The above findings and recitals are hereby found to be true and correct in all respects. SECTION II. The zoning map attached hereto as Exhibit "A" on a single sheet, and Exhibit `B" as a bound Map Book, are hereby adopted as the zoning map for the City of Renton, and the zoning categories shown on these maps for the various properties located within the City limits of the City of Renton are hereby designated as the zoning designations for those properties. Rezone ordinances adopted after this ordinance shall amend the official zoning map. SECTION III. The Economic Development, Neighborhoods and Strategic Planning Administrator is hereby authorized and directed to make the necessary changes on the City's zoning maps, to evidence the adoption of the new zoning map. SECTION IV. The City Clerk is hereby authorized and directed to file this ordinance as provided by law and to keep a copy on file with the office of the City Clerk. SECTION V. This Ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2 ORDINANCE NO. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: De On CITY OF RENTON COUNCIL AGENDA BILL For Agenda of: March 17, 2003 Dept/Div/Board.. Hearing Examiner Agenda Status Staff Contact...... Rebecca Lind (EDNSP) Consent .............. X Public Hearing.. Subject: Rezone of 21.37 acres from Heavy Industrial (IH) zone to Center Office Residential 3 (COR3) zone (Fry Property). Correspondence.. Ordinance ............. X Resolution............ Old Business........ New Business....... Exhibits: Hearing Examiner's recommendation Ordinance Study Sessions...... Information......... Issue Paper Recommended Action: Approvals: • Council concur with the recommendation to re -zone the Legal Dept......... Finance Dept...... property from IH to COR3. Other ............... • Refer the issue of residential use in the COR3 east of Garden Ave to the Planning and Development Committee for consideration of a zoning text amendment. Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted.......... N/A Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: A rezone of the Fry's property was requested in order to change the allowed uses on the site from industrial to office and commercial including big box retail. Industrial uses are no longer considered appropriate for the site given the Comprehensive Plan designation of Employment Area- Transition. The proposed re -zone is from Heavy Industrial to Center/Office/Residential 3. This re -zone will remove this property from the current moratorium on Heavy Industrial zones in the City. A big box retail development is under construction on the site. STAFF RECOMMENDATION: Approve the re- designation of the property from Heavy Industrial to Center/Office/Residential. Refer the issue of residential use in the COR3 east of Garden Ave to the Planning and Development Committee. C:\Documents and Settings\mpetersen\Local Settings\Temp\Fry's Rezone Agenda Bill.doc/ CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: March 13, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: A (" Mayor Jesse Tanner FROM: 4WffAlex Pietsch, Administrator STAFF CONTACT: Rebecca Lind SUBJECT: Rezone of 21.37 acres from Heavy Industrial (IH) zone to Center Office Residential 3 (COR3) zone (Fry Property). ISSUE: • Whether to re -zone the 21.37 acres of land designated Employment Area -Transition from Heavy Industrial (IH) zone to Center/Office/Residential 3(COR3) zone. • Whether to allow residential use on this site? RECOMMENDATION: • Hearing Examiner's Recommendation Approve the request to reclassify the subject site from IH to COR3 subject to the finalization of Ordinance 5001. Consider limiting the use of the subject site to commercial and retail uses since development of residential uses adjacent to the existing heavy industrial Boeing complex might be incompatible. • Refer the issue of residential use in the COR 3 zone east of Garden Ave. to the Planning and Development Committee. BACKGROUND SUMMARY: A rezone of the Fry's property was requested in order to change the allowed uses on the site from industrial to office and commercial including big box retail. Industrial uses are no longer considered appropriate for the site given the Comprehensive Plan designation of Mafch 13, 2003 Page 2 Employment Area- Transition. The proposed re -zone is from Heavy Industrial to Center/Office/Residential 3. Earlier this year the Council approved a zoning text amendment adding the "big -box" use east of Garden Ave and north of NE 8`' St. to the COR3 zone (Ordinance 5001). This code change became effective on March 12, 2003. Adding the "big box" retail as a use type in the COR- 3 zone needed to be done prior to rezoning the Fry's property into the COR 3 zoning classification so that the big box retail development now under construction on the site would remain a conforming use. Earlier this month Council lifted the moratorium from properties in the Valley and the portions of the North Renton industrial area along Houser Way. The Fry's property remained in the moratorium because it was still zoned IH. The combined action of adding the "big box" retail use to the COR code and rezoning the property into the COR classification will finally remove the Fry property from the moratorium. The issue of whether residential use should be restricted on this site was reviewed by staff upon receipt of the Hearing Examiner's report. The existing Employment Area -Transition Comprehensive Plan policy LU-212.41 states that consideration should only be given to COR rezones that allow residential uses in the area west of Park Ave. North. This policy is currently under review as part of the Comprehensive Plan Update due in 2004, and as part of the Boeing Comprehensive Plan Amendment process that will consider and evaluate the Employment Area -Transition policies. As the site is currently being developed with big -box retail staff initially was not convinced that residential use is an issue for the area east of Park Ave. However, as the property does have additional redevelopment potential, the Council may want to consider the residential issue further. Under the present COR development standards, garden style apartments could be developed on the site. If the Council wants to limit residential use, an additional zoning text amendment will be required. CONCLUSION: Concur with the Hearing Examiner recommendation for the re -zone but refer the issue of residential use in the COR 3 zone east of Garden Ave. to the Planning and Development Committee for review and recommendation. February 13, 2003 OFFICE OF THE HEARING EXAMINER CITY OF RENTON RECEIVED REPORT AND RECOMMENDATION FEB 13 2®33 APPLICANT: City of Renton ECON0641C pEV EDNSP Department ANDNEIGHBORHOODS,ENT. STRATEGIC Fry's Rezone PLANNING File No.: LUA-02-149,R,ECF LOCATION: East of Garden Avenue North and north of North 8th Street. SUMMARY OF REQUEST: Rezone of 21.37 acres of land designated Employment Area — Transition from Heavy Industrial (IH) zone to Center/Office/Residential 3 (COR3) zone. SUMMARY OF ACTION: Development Services Recommendation: Approve DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on January 28, 2003 PUBLIC HEARING: In accordance with Section 4-8-14(C)(2), the Hearing Examiner shall determine if a change of zone classification is advisable, in the public interest, tends to further the preservation and enjoyment of any substantial property rights of the petitioner, is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof, and is in harmony with the purposes and effect of the Comprehensive Plan. In such event, the Hearing Examiner may recommend that the City Council approve the change of the zone classification. MINUTES The following minutes are a summary of the Tuesday, February 4, 2003 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, February 4, 2003, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. The following exhibits were entered into the record: Exhibit No. 1: Yellow land use file, LUA-02- 149,R,ECF, containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Vicinity Map Exhibit No. 3: Proposed Rezone Area Exhibit No. 4a: Aerial Photo of Property with Zoning Fry's Rezone File No.: LUA-02-149,R,ECF February 13, 2003 Page 2 Exhibit No. 4b: Aerial Photo with Parcel Lines Exhibit No. 4c: Close-up Photo of Subject Site Exhibit No. 5: Existing Conditions Map Exhibit No. 6: Fry's Site Plan Exhibit No. 7: Correct Zoning of Property to the West (Subsequently Modified) Exhibit No. 8: Code Amendments Elizabeth Higgins, Senior Planner, Economic Development Division, 1055 S Grady Way, Renton, WA 98055 presented the staff report. The project is a proposed rezone of approximately 21 acres of land, half of which is currently being developed for a Fry's Electronics retail store. She noted that approximately half of the property (the southern half) to the west abutting the subject property, on the west side of Garden Avenue North, has been rezoned to Center Office (CO) designation. (This was corrected subsequent to the hearing. The property is currently zoned IH) The purpose of the rezone is due to much transition in this area. It is located in North Renton and is an area that has traditionally been used for industrial purposes. Not only was there the previously noted rezone, there was a subdivision of the property that abuts the subject property. The subdivision occurred in 2002 and divided a single parcel into four parcels presumably for the purpose of redevelopment. Subsequent to that subdivision, the southern most parcel of the four was rezoned to Center Office Zone. The property located to the north of the subject site is zoned COR and is currently being redeveloped for a variety of mixed uses. There is much redevelopment in this area. There is currently a moratorium on all of the property in the City that is zoned Heavy Industrial (IH). The moratorium was put into place for several reasons. The City has the desire to look at these properties and ensure that they are developed in a way that meets the City's vision. The City's vision at present time (based on policies that are in transition) is that this property no longer be used for industrial uses. The City is supportive of continuing industrial uses by the businesses that are there but the polices currently being formulated to support a transition from those heavy industrial uses to uses that are more compatible with the designation of Urban Center. The City designated this area as part of its Urban Center when the current Comprehensive Plan was developed. The area meets the countywide planning policies for urban centers. Industrial uses are not compatible with those projected uses. The purpose of the six- month moratorium is to look at parcels on an individual basis and decide if they should remain industrial. In response to questioning from the Examiner, Ms. Higgins replied that staff does not believe rezoning this site is premature. Although they do see residential coming into this area the policies do not allow or would not direct residential development on the eastside of Park Avenue. City policies direct future residential development to the west side of Park Avenue so there would be no residential development anywhere east of Park Avenue. There is a simultaneous code amendment that is being processed. Unfortunately, it did not go to a public hearing prior to this hearing. The code amendment would add notes to the COR-3 zone that would limit the development of this particular property should it be successfully rezoned and would include big box retail which the COR-3 does not currently allow that would ensure the viability of the Fry's Electronics which is a big box retail facility and it would also allow development of the north portion of the property to big box retail. There is currently a negotiation in progress between Fry's and another retailer for development of the north portion of the parcel. It would also limit residential development so that it could not occur east of Garden Avenue North, north of North 81h Street or south of Lake Washington Boulevard. The railroad tracks abut the site on the east. There are some utility crossings but no access from that side. They did anticipate that someone may try to put residential on this property but the notes in the development standards would not allow it in this area. There is a COR l and a COR 2. COR l is the Port Quendall site and Fry's Rezone File No.: LUA-02-149,R,ECF February 13, 2003 Page 3 COR 2 is the Stoneway site along the Cedar River. They do anticipate the development of COR 4, COR 5, and COR 6 in the other Boeing property areas. This rezone is consistent with potential future rezones in this area. Staff feels that circumstances have changed since the last review took place. This area has not been looked at for other uses other than heavy industrial since the last round of analysis except for the abutting property to the west. That analysis will be taking place on the rest of the property within the next six months. The reason for the rezone is that negotiations between Fry's and another retailer were fairly well along when the moratorium was put in place and staff felt it would be unfair impose a restriction on development of that property for what they felt would probably be an inappropriate use due to concerns with the rest of the industrial zoned property in the area. Ms. Higgins stated that staff recommends approval of the rezone. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:30 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FENDINGS: 2 3. 4 t: 7 a The applicant, City of Renton, filed a request for approval of reclassification of property from IH (Heavy Industrial) to COR3 (Center/Office/Residential 3). The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non - Significance (DNS) for the subject proposal. The subject proposal was reviewed by all departments with an interest in the matter. The property is located on the east side of Garden Avenue North between North 8'' on the south and North Park on the north. The subject site is located on the east side of the Boeing Complex and was at one time owned by Boeing. The subject site is an irregular trapezoidal shaped parcel that cants to the west at its north end. The property is approximately 21.3 acres. The parcel is approximately 500 feet wide (east to west) by approximately 1,900 feet long. The parcel is comprised of one legal lot. The parcel was used as a parking lot in the past, but has been abandoned. The site is generally level. The subject site was annexed to the City with the adoption of Ordinance 1793 enacted in September 1959. 10. The site received its current IH zoning in June 1993 when the City reorganized its zoning categories. 11. The Comprehensive Plan for this area of the City was adopted in February 1995. The map element of the Fry s Rezone Fite No.: LUA-02-149,R,ECF February 13, 2003 Page 4 Comprehensive Plan designates the area in which the subject site is located as suitable for Employment Area - Transition. Staff noted that the Comprehensive Plan designation would permit the proposed COR3 Zoning District. 12. Staff also noted that a Text Amendment to the Zoning Code would expand the permitted uses to include "big box" retail uses. A Comprehensive Plan policy would restrict residential uses east of Garden Avenue North but that policy has not been reduced to restrictions on the COR 3 Zone in this area. 13. The City imposed a development moratorium on properties zoned IH in order to identify new goals for areas of the City zoned IH. The City is reviewing its goals and objectives for these various areas while preserving the industrial uses that currently exist. 14. Prior to the development moratorium, Fry's Electronics purchased the property and applied for permits to construct a large retail store on the south 12 acres of the subject site. The building proposed is considered "big box" retail. The proposed use would be permitted in the COR3 zone and due to vesting may be developed in spite of the moratorium. 15. Property to the northwest, the Southport development, was reclassified to COR 3 in 1999. 16. Apparently, the owner of the subject site, Fry's, the developer of the south half of the subject site, is in negotiations to sell the property to another retailer. The City did not want to hamper that sale prospect and has proposed reclassifying both sites to allow redevelopment. The City has analyzed the proposed uses and the Comprehensive Plan for the area. It has recommended that the rezone is compatible with the City's goals and the Comprehensive Plan designation. Conclusions: The proponent of a rezone must demonstrate that the request is in the public interest, that it will not impair the public health, safety and welfare and in addition, complies with the criteria found in Section 4-9-180, which provides in part that: D. AUTHORITY FOR REZONES NOT REQUIRING PLAN AMENDMENT: In those instances where there is a rezone request, which does not require an amendment to the Comprehensive Plan, the processing of the rezone application shall be submitted to the administration. The applicant will have the burden and duty of applying for and pursuing the rezone. The rezone hearing shall be held before the Hearing Examiner under the procedures and rules of the Hearing Examiner. (Ord. 4437, 2-21-1994) F. DECISION CRITERIA FOR CHANGE OF ZONE CLASSIFICATION: 1. Criteria for Rezones Requiring a Comprehensive Plan Amendment: The Reviewing Official shall find that: a. The proposed amendment meets the review criteria in RMC 4-9-020G; and b. The property is potentially classified for the proposed zone being requested pursuant to the polices set forth in the Comprehensive Plan; and Fry's Rezone File No.: LUA-02-149,R,ECF February 13, 2003 Page 5 At least one of the following circumstances applies: The subject reclassification was not specifically considered at the time of the last area land use analysis and area zoning; or ii. Since the most recent land use analysis or the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. 2. Criteria for Rezones Not Requiring Plan Amendment: The Reviewing Official shall make the following findings: a. The rezone is in the public interest, and b. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner, and The rezone is not materially detrimental to the public welfare or the properties of other persons located in the vicinity thereof, and d. The rezone meets the review criteria in subsections Flb and Flc of this Section. (Amd. Ord. 4794, 9-20-1999) The requested classification is justified and should be approved by the City Council. 2. The proposal is in the public interest by extending the area in which urban public services serving the general public could be permitted. The heavy industrial zone does not cater to the general shopping public. The site is just north of the City's urban core and the COR 3 zoning would permit development of supportive retail uses. In addition, unlike the immediate downtown area, the site and surrounding sites are large parcels of property, which can reasonably support "big box" retail uses. Retail use would also increase the job base of the area and City. The prior parking use did not create jobs. 3. The COR 3 zoning will provide the property owner a wide range of permissible uses including their proposed retail use. The range of uses is much broader than the industrial uses now permitted on the subject site. This would appear to serve the rights of the property owner. The property owner did not in any way object to the City's rezone petition. 4. The rezone does not appear to cause any harm to the public welfare or adjacent property. The range of possible uses is much less intense in the COR 3 zone than in the heavy industrial zone. The one possible negative aspect would be the fact that the COR 3 zone would permit residential uses. These uses might be incompatible with the adjacent heavy industrial uses. While a Comprehensive Plan policy suggests that residential uses not be established east of Park Avenue, there is no codification that would limit that type of use. The City Council might want to consider limiting the use of the subject site to commercial endeavors. 5. In addition, COR 3 zoning was not considered the last time the subject site underwent zoning analysis and the area is definitely one in transition. The Boeing Company has been moving its plant and parking area west and contracting the acreage dedicated to industrial processes and the supportive parking. In addition, the Southport development supplanted the Shuffleton power plant. 6. In conclusion, the proposed rezone appears to reasonably comply with the objectives and goals of the Fry°s Rezone File No.: L,UA-02-149,R,ECF February 13, 2003 Page 6 Comprehensive Plan while leading further transition away from industrial uses so close to the downtown core. Recommendation: The City Council should approve the request to reclassify the subject site from IH to COR 3 subject to the finalization of Ordinance 5001. The City Council might consider limiting the use of the subject site to commercial and retail uses since development of residential uses adjacent to the existing heavy industrial Boeing complex might be incompatible. ORDERED THIS l 3th day of February, 2003. FRED J. KAUFM HEARING EXAMINER TRANSMITTED THIS 131h day of February, 2003 to the parties of record: Elizabeth Higgins 1055 S Grady Way Renton, WA 98055 Fry's Electronics 600 El Brokaw Road San Jose, CA 95112 TRANSMITTED THIS 13`h day of February, 2003 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division South County Journal Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Alex Pietsch, Econ. Dev. Director Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 27, 2003. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This Fry's Rezone File No.: LUA-02-149,R,ECF February 13, 2003 Page 7 request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action, as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. i f Me R4 8 - J g ioIR41d to io R� 8 R $ rl pz is R V. '... LLLt R 4 R-10 i� I CA FIT ;o n i ' O n Garden AAve. N F C:� 7-4 9-5 �!'II Logan Ave. ., I I � i t I Park Ave. N o •.- .-- • `' - Soli AN PROPOSED REZONE AREA 0 400 M ENN/Z(8 ��"``�`'°` ® Heavy Industrial to 1:4800 EXHIBIT 3 Center/Office/Residential 5 :? psi •7: xi"= ^.iciii "..=.tEd :. R _-::•i g s.::. as ........._._.... 7. • .................... _ l� iz.z • • ? P � �1 �s '?'fir; r71 �cL'�� -� :: cY,.-..•! :i��r..:3 ......LJ..3�a�v^'��r�7 T ... •� ^lam' - �. R �' 7r CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON FROM THE HEAVY INDUSTRIAL (IH) ZONE TO THE CENTER/OFFICE/RESIDENTIAL 3 (COR 3) ZONE. (FRY'S REZONE, FILE NO. LUA-02-149,ECF,R) WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as IH (Heavy Industrial); and WHEREAS, the City of Renton initiated a proceeding for change of zone classification of said property on or about December 24, 2002. This matter was duly referred to the Hearing Examiner for investigation, study, and public hearing, and a public hearing having been held thereon on or about February 4, 2003, and said matter having been duly considered by the Hearing Examiner, and said zoning request having been recommended for approval by the Hearing Examiner subject to the finalization of Ordinance No. 5001, which became effective on March 12, 2003, and no requests for reconsideration or appeals having been received during the appeal period that ended February 27, 2003; and WHEREAS, said zoning request being in conformity with the City's Comprehensive Plan, as amended by Ordinance No. 4855, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby rezoned to Center/Office/Residential 3 (COR 3), as hereinbelow specified. The Economic Development, Neighborhoods, and Strategic Planning Administrator is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (The approximately 21.3 acre rezone site is located at 800 Garden Avenue N., on the east side of the street, between North 8 h on the south and North Park on the north. The subject site is located on the east side of the Boeing Complex.) SECTION H. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1031:3/12/03:ma Jesse Tanner, Mayor N PROPOSED REZONE AREA 0 400 8c MKISP (9 s"'`e` M=Uing® Heavy Industrial to 1:4800 EXHIBIT 3 Center/Office/Residential 5 Legal Description - Account Number: 082305921700 082305 217 PORTION OF NW 1/4 & NE 1/4 BEGIN INTERSECTION OF S LINE OF NW 1/4 WITH ELY MARGIN OF GARDEN STREET TH S 89-28-08 E 638.89 FT TO POINT ON WLY MARGIN OF PACIFIC COAST RR CP R/W, SAID POINT BEING UPON A CURVE TO RIGHT RADIUS OF 810.39 FT FROM WHICH TH CENTER OF CIRCLE BEARS N 52-20-26 E TH ALONG SAID MARGIN CURVING TO RIGHT ARC LENGTH OF 277.71 FT TO POINT OF TANGENCY TH N 18-01-31 W 1993.78 FT TO INTERSECTION WITH SLY MARGIN OF PSH-1 NORTH RENTON INTERCHANGE A -LINE R/W TH S 49-10-34 W 406.07 FT TH S 31-54-35 W 72.66 FT TO POINT ON ELY MARGIN OF GARDEN STREET TH S 17-59-39 E 1329.46 FT TO POINT OF CURVE TO RIGHT RADIUS OF 910 FT TH ALONG SAID MARGIN CURVING TO RIGHT ARC LENGTH OF 294.22 FT TO POINT OF TANGENCY TH S 00-31-51 W 253.23 FT TO POINT OF BEGINNING LESS PORTION OF PRIMARY STATE HIGHWAY NO 1 (SR 405) NORTH RENTONINTERCHANGE (PARKING LOT 6) • CITY OF RENTON COUNCIL AGENDA BILL k ' Al #: - Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Technical Services Section Staff Contact...... Karen McFarland x7209 Subject: Utility Easement Request from QWEST within a City easement (in Parcel Number 683840-0010). Exhibits: Issue Paper Utility Easement with Exhibits For Agenda of: March 17, 2003 Agenda Status Consent .............. X Public Hearing... Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions....... Information........ . Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... $0.00 Total Project Budget City Share Total Project.. Summary of Action: Property Services has received a request from the QWEST Corporation for a utility easement within a City easement (in Parcel Number 683840-0010). STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council approve the utility easement request from the QWEST Corporation and authorize the Mayor and City Clerk to execute the utility easement by which Renton will formally grant a utility easement. H:\File Sys\LND - Land Subdivision & Surveying Records\LND-95 - Easements\0044\ab easementl.doc\KLM\tb l k' CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 7, 2003 TO: Kathy Keolker-Wheeler, President Members of the Renton City Council VIA: �:� Mayor Jesse Tanner FROM: Gregg Zimmerma6 t rainistrator Planning/Building/Public Works Department STAFF CONTACT: Karen McFarland x7209 SUBJECT: Utility Easement Request from QWEST within Parcel Number 683840-0010 ISSUE: Property Services has received a request from the QWEST Corporation for a utility easement within a City easement (in Parcel Number 683840-0010). RECOMMENDATION: • The Planning/Building/Public Works Department recommends that Council approve the utility easement request from the QWEST Corporation and authorize the Mayor and City Clerk to execute the utility easement by which Renton will formally grant a utility easement. BACKGROUND SUMMARY: The subject property is Lot 1 of the Poitras Plat (NE Quarter of Section 16, Township 23 North, Range 5 East) and the Parcel Identification Number is 683840-0010. Exhibit B of the attached document shows the requested easement. In December 1979, the City passed a street vacation ordinance (Ordinance No. 3384) in which a 30' utility easement was retained over the west 30' of the subject property. QWEST is requesting a 6-foot utility easement within the City's easement area of the property for the installation of a fiber optic cable. These telecommunication facilities will accommodate the new King County 911 Emergency Center located to the south of the City Shops. HAFile Sys\LND - Land Subdivision & Surveying Records\LND-95 - Easements\0044UP_Qwest9l ICtrEasemntl.doc\KLM\tb March 7, 2003 Page 2 T The Water, Surface Water and Wastewater Utilities staff have all reviewed this easement request and have no objection to the granting of this request. The City Attorney has reviewed this easement request and believes that the City has the authority to assign an easement to QWEST. Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 683840-0010 Project File #: LND95-0044 Street Intersection or Project Name: QWEST / KC 911 Center Grantor(s): Grantee(s): 1. QWEST, a Colorado Corporation 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: A utility easement over the West 6 feet of Lot 1 of the Poitras Plat, as recorded in Volume 126 of Plats, Page 51, records of King County, Washington. Situate in Section 16, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. gwesteasedocI doc\ Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a utility easement with necessary appurtenances over, under, through, across and upon the following described property in King County, Washington, more particularly described on page 1. For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining telecommunications facilities, together with the right of ingress and egress. This easement is granted subject to the following terms and conditions: 1. The Grantee shall obtain permits for any work within the property covered by the easement. 2. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 3. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or C. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 20 gwesteasedocl.doc\ Page 2 FORM 03 0013/bh/CA2-21-97 64 UUUI IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument 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: Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of I9, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: gwesteasedocl.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 v � � a t + i EXHIBIT `B" 1 74 116.60 2. 3 FIRST IN V. NV. 6' VT/LITI 1.83 AC I I� POITPAS PLAT NO SCALE SECTION 16 s'I TOWNSHIP 23N rRANGE 5E �• (/T/(./TY Esn+r. f7.767C. 6 J-� o ir_ r 1 11 \ \ 1P. L . NU N �I 3.13 Ac. 1 ,6 1a. 4 2 .I ALBS T BALGH f , 2.01 Ac. Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 683840-0010 Project File #: LND95-0044 Street Intersection or Project Name: QWEST / KC 911 Center Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. QWEST, a Colorado Corporation LEGAL DESCRIPTION: A utility easement over the West 6 feet of Lot 1 of the Poitras Plat, as recorded in Volume 126 of Plats, Page 51, records of King County, Washington. Situate in the City of Renton, King County, Washington. gwesteasedocl.doc\ Page 1 FORM 03 0013/bh/CA2-21-97 CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works DepvDiv/Board.. Technical Services Section Staff Contact...... Karen McFarland x7209 Subject: Utility Easement Request from QWEST across City Shops (Parcel Number 162305-9123) Exhibits: Issue Paper Utility Easement with Exhibits For Agenda of: March 17. 2003 Agenda Status Consent .............. X Public Hearing... Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions....... Information........ . Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... $2,007.18 Total Project Budget City Share Total Project.. Summary of Action: Property Services has received a request from the QWEST Corporation for a utility easement across City -owned property (Parcel Number 162305-9123). STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council approve the utility easement request from the QWEST Corporation and authorize the Mayor and City Clerk to execute the utility easement by which Renton will formally grant a utility easement conditioned upon receipt of $2,007.18 from the QWEST Corporation. H:\File Sys\LND - Land Subdivision & Surveying Records\LND-95 - Easements\0044\ab easement2.doc\KLM\tb r y CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 7, 2003 TO: Kathy Keolker-Wheeler, President Members of the Renton City Council VIA: Mayor Jesse Tannerr,,� FROM: Gregg Zimmerma4, tininistrator Planning/Building/Public Works Department STAFF CONTACT: Karen McFarland x7209 SUBJECT: Utility Easement Request from QWEST across the City Shops Property (Parcel Number 162305-9123) ISSUE: Property Services has received a request from the QWEST Corporation for a utility easement across City -owned property (Parcel Number 162305-9123). RECOMMENDATION: • The Planning/Building/Public Works Department recommends that Council approve the utility easement request from the QWEST Corporation and authorize the Mayor and City Clerk to execute the utility easement by which Renton will formally grant a utility easement conditioned upon receipt of $2,007.18 from the QWEST Corporation. BACKGROUND SUMMARY: The subject property is the City Shops (NE Quarter of Section 16, Township 23 North, Range 5 East) and the Parcel Identification Number is 162305-9123. Exhibit B of the attached document shows the requested easement. QWEST is requesting a 6-foot utility easement near the northern property line for the installation of a fiber optic cable. These telecommunication facilities will accommodate the new King County 911 Emergency Center located to the south of the City Shops. HAFile Sys\LND - Land Subdivision & Surveying Records\LND-95 - Easements\0044\IP_Qwest911CtrEasemnt2.doc\KLntb " March 7, 2003 Page 2 ' The Water, Surface Water and Wastewater Utilities staff have all reviewed this easement request and have no objection to the granting of this request. Based upon King County appraised values, it has been determined that the value of the proposed easement is $2,007.18. QWEST is prepared to offer the City $2,007.18 and staff recommends that the City accept this amount for the easement. Furthermore, staff recommends that Council authorize the Mayor and City Clerk to execute the utility easement conditioned upon receipt of these funds. 4� Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 162305-9123 Project File #: LND95-0044 Street Intersection or Project Name: QWEST / KC 911 Center Grantor(s): Grantee(s): 1. QWEST, a Colorado Corporation 1. City of Renton, a Municipal Corporation Additional legal is on page 3 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: A utility easement over a portion of the Northeast Quarter of Section 16, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. gwesteasedoc2.doc\ Page 1 FORM 03 0013/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, a utility easement with necessary appurtenances over, under, through, across and upon the following described property in King County, Washington, more particularly described on page 1. (or if full legal is not on page I— Exhibit A.) For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining telecommunications facilities, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall obtain permits for any work within the property covered by the easement. 2. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 3. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or C. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. 4. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 20 gwesteasedoc2.doc\ Page 2 FORM 03 0013/bh/CA2-2 1 -97 A, vuviion IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. 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: Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 19 before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: gwesteasedoc2.doc\ Page 3 FORM 03 0013/bh/CA2-21-97 y EXHIBIT "A" Legal Description A utility easement over the following described property: Commencing at the Southwest corner of the Northeast Quarter of Section 16, Township 23 North, Range 5 East, W.M.; Thence along the East-West center of section line South 89' 0I' 16" East, a distance of 683.33 feet; Thence North 1 °04' 13" East, a distance of 363.53 feet, to the true point of beginning; Thence continuing North 1 ° 04' 13" East, a distance 960 feet, to the North line of the Southwest Quarter of the Northeast Quarter of said Section 16; Thence South 89' 03'38" East along said North line, a distance of 642.05 feet, to the Northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 16; Thence South 1 ° 00'49" West along East line of said Southwest Quarter of the Northeast Quarter, a distance 960 feet; Thence North 89' 03'38" West parallel with the North line of said Southwest Quarter of the Northeast Quarter, a distance of 643 feet, to the true point of beginning. Except the West 30 feet thereof. Said easement being a strip of land 6 feet wide, the centerline of which is described as follows: Beginning at a point on the North line of the Southwest Quarter of the Northeast Quarter of Section 16, Township 23 North, Range 5 East, W.M., distant S 89' 03'38" E 1,013.72 feet from the Northwest corner of said Southwest Quarter; Thence S 37' 59'44" E a distance of 55.18 feet; Thence N 83' 59'37" E a distance of 279.35 feet, to the terminus of said centerline. The side lines of said strip to be shortened or lengthened to terminate at the north and east lines of the above described property. Situate in the City of Renton, King County, Washington. EXHIBIT `B" W NO SCALE SECTION 16 TOWNSHIP 23N p RANGE 5E ® La 6' x 334.53' QWEST EASEMENT ! 1 KING COUNTY ' 1 PROPOSED 911 CENTER is Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 162305-9123 Project File #: LND95-0044 Street Intersection or Project Name: QWEST / KC 911 Center Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. QWEST, a Colorado Corporation Additional legal is on page 3 of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: A utility easement over a portion of the Northeast Quarter of Section 16, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. c.Y gwesteasedoc2.doc\ Page 1 FORM 03 0013/bh/CA2-21-97 _ V. ' CITY OF RENTON COUNCIL AGENDA BILL Al #: �} Submitting Data: Planning/Building/Public Works For Agenda of. Dept/Div/Board.. Transportation Systems March 17, 2003 Agenda Status Staff Contact...... Sharon Griffin, ext. 7232 Consent .............. Public Hearing.. Subject: 2003 King County Signal Synchronization Grant Correspondence.. Ordinance ............. Resolution............ X Old Business........ New Business....... Exhibits: Letter of Award Study Sessions...... Agreement Information......... Map 2003-2008 Six -Year TIP Project Sheet (TIP #30) Resolution Recommended Action: Approvals: Refer to Transportation Committee Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $10,400 (City Forces) Amount Budgeted....... $10,400 Account # 317.012162.016.5950.0012.67.000000 Total Project $10 SUMMARY OF ACTION: Transfer/Amendment.... Revenue Generated......... Share Total Project. $80,000 Grant, $10,400 to City, $69,600 to County for work in City $10,400 The City of Renton applied for and was awarded an $80,000 Signal Synchronization grant from King County. The grant will pay for the signal synchronization of 13 traffic signal locations in the City along the NE 3`d/41h Street corridor, including a new signal at NE 0' Street and Hoquiam Avenue NE. The project starts at Maple Valley Highway and Park Place and continues west, then north and east along NE 4th Street to Nile Avenue. The grant also includes three signals in King County to be managed by King County. The total grant award is $80,000. The City will be reimbursed $10,400 for work by City forces. The City will remand $69,600 of the grant to King County for work performed by the County's contractor and/or County work force. STAFF RECOMMENDATION: The Transportation staff recommends Council approve the resolution authorizing the Mayor and City Clerk to enter into the agreement between the City of Renton and King County for the Signal Synchronization Project. H:\DIVISION.S\TRANSPOR.TAT\PLANNING\Sharon\Agenda Bills\AB 2003 Signal Synch2.doc CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM DATE: March 11, 2003 TO: Kathy Keolker-Wheeler, President Members of the Renton City Council VIA: ,� Jesse Tanner, Mayor FROM: Gregg Zimmerm, administrator STAFF CONTACT: Sharon Griffin, ext. 7232 SUBJECT: 2003 Signal Synchronization Grant ISSUE: Entering into an agreement with King County to receive grant funding and to collaborate on a Signal Synchronization project on the NE 3`d/4`h Corridor. The City of Renton applied for and was awarded $80,000 for signal synchronization on the NE 3`d/4h Street corridor. The City will be reimbursed $10,400 for work by City forces. The City will remand $69,600 of the grant to King County for work performed by the County's contractor and/or County work force. The grant also includes three signals in King County to be managed by King County. RECOMMENDATION: Transportation Systems staff recommends that Council authorize the Mayor and City Clerk to enter into the agreement between the City of Renton and King County for the 2003 Signal Synchronization Project. BACKGROUND: In 1999, the King County Council established a System -Wide Signal Improvement Program that enables them to make financial grants to other public agencies through the Signal Synchronization Project. The previous two awards were for Grady Way (2001) and Sunset Boulevard (2002). The 2003 $80,000 grant award to the City of Renton is our third such award. The project starts at Maple Valley Highway and Park Place and continues west, then north and east along NE 4`h Street to Nile Avenue. The grant will pay for the signal synchronization of 13 traffic signal locations in the City along this corridor, including a new signal at NE 4`h Street/Hoquiam Avenue NE. cc: Sharon Griffin Nick Afzali Project File H:\Division.s\TRANSPOR.TA nPLANNING\Sharon\Issue PapersUP Sig Synch 2003.doc 0* King county Department of Transportation Metro Transit Transit Speed & Reliability Program 201 South Jackson Street M.S. KSC-TR-0411 Seattle, WA 98104-3856 February 13, 2003 Gregg Zimmerman Director of Public Works City of Renton 200 Mill Ave S Renton, WA 98055 FEB-2 4 `M RECEIVED FEB 2 0 2003 CITY OF RENTON PUBLIC WORKS AOMIN SUBJECT: King County Signal Synchronization Grant Award Announcement Dear Mr. Zimmerman: Congratulations! Your project proposal for NE 3'' StreedNE 4`'' Street signal synchronization between Maple Valley Drive/Park Place and 168a Ave SE has been selected for a grant award totaling $80,000. The grant will pay for the signal synchronization for 16 traffic signal locations along the proposed corridor. Prior to commencing work, the interagency agreement must be executed by April 30, 2003. Enclosed please find two signed original copies of the proposed agreement for this project. The language is similar to the last year's agreement. Please review and sign the agreement, return a copy to us and retain a copy for your records. We appreciate all your efforts in collaborating with us on this agreement, and look forward to another successful project. Please call Irin Limargo at 206-263-6305 if you have any questions. 4Si ely, Ric C. Walsh General Manager King County Metro Transit RCW:icl Enclosures cc: Eric Gleason, Manager, Service Development, Metro Transit Ellen Bevington, Supervisor, Speed & Reliability, Service Development, Metro Transit Sandra Meyer, Transportation Director, City of Renton Paulette Norman, County Traffic Engineer, Roads Division Fay Schafi, Senior Engineer, Roads Division CONTENTS INTERAGENCY AGREEMENTS ATTACHMENT B.2: Signal Timing Synchronization Scope of Work ATTACHMENT B.3: Before and After Study Report Outline ATTACHMENT B.4: Payment Schedule ATTACHMENT B.5: (IF APPLICABLE) Request for King County Traffic Services 7 Z w 2 Signal Synchronization Grant Program Interagency Agreement Between City of Renton and King County For the Signal Synchronization Project on NE P/4th Street between Maple Valley/Park Place to NE 4th St/Nile Avenue IS AGREEMENT is made and entered into this day of 2003, by and veen King County, hereinafter called the "County," and the City of Renton, hereinafter ed the "City," both of which entities may be collectively referred to hereinafter as the rties." WHEREAS, the King County Council has established a System -Wide Signal Improvement Program for King County through the adopted budget for 2003 for King County; WHEREAS, as part of the System -wide Signal Improvement Program, a new Signal Synchronization Project has been created that enables King County to make financial grants to other public agencies within King County for the purpose of optimizing signal settings along key transit corridors; and WHEREAS, the City of Renton and King County jointly acknowledge the value and importance of efficient signal operations for all modes of travel along these key transit corridors; WHEREAS, the City of Renton has applied for a grant from King County to optimize signal operations on NE 3rd/4th Street between Maple Valley/Park Place to NE 4th St/Nile Avenue; and WHEREAS, the City and the County share a common goal to improve signal operations along this corridor; WHEREAS, the County has awarded the City a grant of $80,000 for this purpose; and WHEREAS, the City and the County now desire to establish the terms under which the County will provide these funds and other related services to the City. NOW THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged by the parties, the Parties agree to the following: 1.0 SCOPE OF WORK 1.1 Under this Agreement, 16 signals, as shown in Attachment B-1, will be re - timed in an effort to improve and/or create synchronized signal operation. 1.2 The tasks of the signal re -timing effort are as follows: Project Management; Data Collection; Development of New Signal Timing Plans; Implementation, Testing and Acceptance of New Signal Timing Plans; and Completion of a Before and After Study. A detailed description of the required work elements for each of these five tasks is outlined in Attachment B-2, as attached. 1.3 The Parties agree to share all technical data, findings, and reports that are. produced under this Agreement. The Parties agree to participate in regional traffic forums that will be organized by the County with assistance from participating Cities to review and report on results and to develop suggestions for future improvement. 1.4 The Parties agree to report on the results of the signal synchronization projects with a Before and After Study using the format, as outlined in Attachment B-3 1.5 The Before and After Study prepared for this Agreement will be compiled by the County with the results of all the other Before and After Studies from all of the signal re -timing projects that are funded by the King County Signal Synchronization Project for 2003. The overall results of the King County Signal Synchronization Project for 2003 will then be shared throughout the region, both with local elected officials as well as technical staff. 2.0 SCHEDULE 2.1 Data Collection will be completed on or before May 30, 2003. The Party responsible for Data Collection agrees to make a copy of the data collected for this Agreement available to the other Party. 2.2 The development of signal timing plans will be completed on or before August 29, 2003. If the City prepares these plans, they will make a copy available to County. If the County prepares these plans, the City will first review them and then at its discretion, the City may accept or modify the County plans for any of the City's signals. The City will then document and provide to the County the final signal timing plans that City has authorized for installation. 2.3 New signal timing plans must be installed, tested and field accepted on or before October 31, 2003 by the City. The City commits to document all field adjustments that it makes during installation and to update the signal timing plans accordingly. These field adjustments shall be reported in the Before and After Study. 2.4 The final Before and After Study Report must be issued by December 19, 2003. The Party responsible for preparing the Before and After Study agrees to make a draft copy available to the other party for review and comment by December 5, 2003. 3.0 CITY RESPONSIBILITIES 3.1 The City will be responsible for the following tasks, as described in Attachment B-2, for all the signals in the project scope (Check all that apply): 3.1.1 Project Management ❑ 3.1.2 Data Collection ❑ 3.1.3 Development of Signal Timing by Time of Day ❑ 3.1.4 Implementation of Signal Timing Q 3.1.5 Completion of Before and After Study 13 BE 5.0 3.2 The City agrees to complete its tasks according to the schedule shown in Section 2.0. 3.3 The City agrees to work cooperatively to with the County to insure that the terms and intent of the Agreement are met. 3.4 The City is legally responsible for the operation of its signal system. Only the City or its authorized maintenance agent is legally authorized to set and approve the signal settings for its signals. Any technical recommendations or comments for signal timings prepared by the County are advisory only. They are not binding on the City and the County incurs no liability for offering them to the City for the City's consideration. COUNTY RESPONSIBILITIES 4.1 The County will be responsible for the following tasks, as described in Attachment B-2, for all the signals in the project scope (check all that apply): 4.1.1 Project Management Q 4.1.2 Data Collection Q 4.1.3 Development of Signal Timing by Time of Day Q 4.1.4 Completion of Before and After Study Q 4.2 The County agrees to complete its tasks according to the schedule shown in Section 2.0 4.3 The County will work cooperatively with the City to insure that the intent of this Agreement is satisfied. COUNTY PAYMENT TO CITY 5.1 The County agrees to pay the City of Renton a maximum of $10,400 for services described in Section 3. 5.2 The County will pay the City $10,400 upon successful completion of the following scope element(s): Task 3 and Task 4 described in Attachment B-2. FINANCING 6.1 The County will apply the grant of $69,600 it has awarded the City to the work it will perform on behalf of the City. 6.2 The County has no liability to reimburse the City for any portion of the grant award if the County's actual expenses are less than $69,600 to complete the work described in Attachment B-2 to complete the work described in Section 4. 6.3 The City will incur no liability to pay for County services to complete the work described in Attachment B-2 if the City's actual expenses are less than $10,400 to complete the work described in Section 3. 7.0 COUNTY IN -KIND SERVICES 7.1 The County agrees to provide the required in -kind services with either County personnel or consultants under contract to the County to complete the work described in Section 4.0, up to a maximum of $5,000 per intersection. 8.0 LEGAL RELATIONS 8.1 It is understood that the Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. No joint venture or partnership is formed as result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the other Party. 8.2 To the maximum extent permitted by law, each Party shall defend, indemnify, and hold harmless the other Party and all of its officials, employees, principals, and agents from all claims, demands, suits, actions and liability of any kind, including injuries to persons or damages to property, that arise out of, are connected with, or are due to any negligent act or omission of the indemnifying party or any of its contractors, and/or employees, agents and representatives under this Agreement; provided, however, that if (and only if ) RCW 4.24.115 applies and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of both Parties to this Agreement, or any of their employees, agents and representatives, then in such instance each Party's obligation hereunder applies only to the extent of the negligence of such party or its officials, employees or agents. Each Party specifically assumes potential liability for actions brought by its own employees against the other Party and for that purpose only each Party specifically waives, as to the other Party only, any immunity under the Worker's Compensation Act, RCW Title 51; and the Parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provision of RCW 4.24.115 8.3. In the event any Party incurs attorney's fees, costs or other legal expenses to enforce provisions of this section against another Party, all such fees, costs, and expenses shall be recoverable by the prevailing Party. 8.4. This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement. The Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 8.5. The provisions of this Section 8 shall survive any expiration or termination of this Agreement. we 10.0 WIC DURATION, EXTENSION AND TERMINATION 9.1 This Agreement shall take effect upon execution by both parties and shall expire on December 31, 2003 unless extended by mutual agreement of the parties. 9.2 Either party may terminate this Agreement for its convenience and without cause by providing written notice of such termination via certified mail to the other parties not less than thirty (30) days prior to the effective date of termination. If the City terminates, it must reimburse the County for any cash payments that it has received from the County and for the value of any in -kind services the County has rendered on its behalf, up to the maximum allowed by Section 7, and consistent with the scope as outlined in Section 4. If the County terminates, it must reimburse the City for any work it has performed under the Agreement up to the maximum amounts allowed by Section 5.0 and consistent with scope outlined in Section 4.0. IDENTIFICATION OF CONTACTS AT CITY AND COUNTY 9.1 The City and the County each agree to appoint a project manager who will be assigned to work collaboratively to implement this Agreement. 9.2 All official communication concerning this Agreement should be directed to the following parties: City: Sharon Griffin Program Development Coordinator 1055 S Grady Way Renton, WA 98055 County: Ms. Ellen Bevington Supervisor, Speed and Reliability Program King County Department of Transportation 201 S Jackson Street, MS KSC-TR-0411 Seattle, Washington 98104-3856 9.3 Any changes in agency contacts from those noted above may be communicated by facsimile or e-mail and must be verified in writing to the other party. ENTIRE AGREEMENT 10.1 This document contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment of the parties. 11 SEVERABILITY 11.1 If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the parties IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this day of 12003. The City of Renton LIM King my By ick C. Walsh, General Manager King County Metro Transit Division Date Date 0'I. :133HS (Jl1Nnoo ONIN £ `NO1NMJ SIbNOIS CO NOLLVZINMIHONAS lVNOIS ZO/90/Z6 :31VG '1S HiM 3S/'1S Hit 3N/'1S OZI£ 3N/N'an-18 13SNnS/JIHMHJIH k3lldn 3ldVVq S>njOM onand V ONimins `ONINNV'ld JO 1N3NI2Nd3a NOlN32J 30 ADO ► CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION ?nn3 - gnnA SIX -YEAR TIP Traffic Systems Efficiency Improvements Program Functional Classification: N/A Fund: 317 Proj. Length: N/A Proj: 12162 RANK: 30 CONTACT: Karl Hamilton 425-430-7220 DESCRIPTION: Provides for improvements to the operational efficiency of the existing roadway system, including such items as development and implementation of signal coordination programs, signing and channelization improvements, surveillance control and driver information system (SC 8 DI), transit signal priority, Intelligent Vehicle Highway Systems (IVHS), signal improvements such as protective / permissive phasing, and matching funds for possible grants to upgrade the Central traffic control system. JUSTIFICATION: Improving the capacity and efficiency of the existing roadway system is a very cost effective element of the transportation program. STATUS: Completed Signal Synchronization Grant for Grady Way - Oakesdale Avenue SW to Main Avenue S ($40,000 in 2001 - $6,400 to City forces and $33,600 to King County forces). CHANGES: Awarded a Signal Synchronization Grant from King County for Sunset Boulevard - North Park Drive to Duvall Avenue NE in the amount of $50,000 in 2002: $8,000 to City forces; $42,000 to KC forces. Money to KC forces not shown in table. Upgrade all signal controllers to new in 2003, so that they are compatible with the new Central System. Add $17,000 in 2002-2005 for Transportation's contribution to the City's GPS Mapping Program. unded : 1783,600 jUnfunded Project Totals Programmed Pre-2003 Six Year Program ITEM Programmed Spent In 2001 2002 Total 2003 2004 2005 2006 2007 2008 EXPENSES: Project Development 68,000 17,000 51,000 17,000 17,000 17,000 Precon En /Admin 60,000 30,000 30,000 5,000 5,000 5,000 5,000 5,000 5,000 R-O-W includes Admin Construction Contract Fee 510,000 120,000 390,000 315,000 15,000 15,000 15,000 15,000 15,000 Construction En /Admin 50,000 20,000 30,000 5,000 5,000 5,000 5,000 5,000 5,000 Other(City Forces 95,600 26,318 39,282 30,000 5,000 5,000 5,000 5,000 5,000 5,000 TOTAL EXPENSES 783,600 26,318 226,282 531,000 347,000 47,000 47,000 30,000 30,000 30,000 SOURCE OF FUNDS: 1 /2 Cent Gas Tax Business License Fee 471,600 20,718 218,282 231,000 47,000 47,000 47,000 30,000 30,000 3Q,000 Vehicle License Fee Grants In -Hand 13,600 5,600 8,000 Mitigation In -Hand 300,000 300,000 300,000 L.I.D.'s Formed Other In -Hand Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined TOTAL SO RC S 783,6001 26,3181 226,2821 531,000 347,0001 47,000 47,00011 30,0001 30,0001 30,000 Eni-y 07/1 ll2002 10'44 PM 5 - 30 FINAL J J CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, TO AUTHORIZE THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH KING COUNTY FOR THE CITY OF RENTON TO RECEIVE $80,000 FOR THE SIGNAL SYNCHRONIZATION GRANT. WHEREAS, the King County Council has established a System -Wide Signal Improvement Program for King County; and WHEREAS, a new Signal Synchronization Project has been created that enables King County to make financial grants to other public agencies; and WHEREAS, the City has undertaken a project for signal synchronization on NE 3ra/41h Street between Maple Valley/Park Place to NE 4'h St./Nile Avenue, which includes a new signal at NE e St./Hoquiam NE; and WHEREAS, the County has agreed to contribute $80,000 for the signal synchronization project; and WHEREAS, the City will therefore be reimbursed $10,400 for work done by the City on this project, and the remaining $69,600 in grant funds will be collected by the County for work performed by the County's contractor and work force; and WHEREAS, it is necessary by agreement to establish the terms and conditions of the County grants; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. , SECTION II. The Mayor and City Clerk are hereby authorized to enter into an agreement between King County and the City of Renton for the Signal Synchronization Project. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this . day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney RES.969:2/27/03:ma Jesse Tanner, Mayor 2 .. CITY OF RENTON COUNCIL AGENDA BILL P � AI #: f` 1 Submitting Data: Planning/Building/Public Works For Agenda of- Dept/Div/Board.. Transportation Systems March 17, 2003 Agenda Status Staff Contact...... Sharon Griffin, ext. 7232 Consent .............. Public Hearing.. Subject: Agreement with WSDOT for design and construction of Correspondence.. intersection and traffic signal improvements at NE Ordinance ............. Sunset Blvd. and Duvall Ave. NE. Resolution............ Old Business........ New Business....... Exhibits: Local Agency Agreement Study Sessions...... Resolution Information......... Local Agency Federal Aid Project Prospectus WSDOT Grant Award Letter 2003-2008 Six -Year TIP Project Sheet Recommended Action: Approvals: Refer to Transportation Committee Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $44,000 Amount Budgeted....... $44,000 Account # 317.012123.016.5950.0010.67.000000 Total Project Budget $440,000 SUMMARY OF ACTION: Transfer/Amendment Revenue $396,000 Grant Generated......... City Share Total Project. $44,000 The City has been awarded a 2002 Hazard Elimination Safety (HES) Program grant for $396,000 for the intersection improvements at NE Sunset Blvd. and Duvall Ave. NE. This project includes design and construction of new channelization for an eastbound left -turn lane. The signal modification will include poles, signal and pedestrian displays, detection loops, emergency pre-emption, and a new signal controller. The Transportation Systems Division is requesting the City Council authorize the execution of an interlocal agreement between the City and WSDOT for the work. The work will be performed at the City's expense and be reimbursed by the HES program. If necessary, the increased total project cost will be reflected in the upcoming 2004-2009 Six -Year Transportation Improvement Program (TIP) presented to the Council in June. kFF RECOMMENDATION: The Transportation staff recommends Council approve the resolution authorizing the Mayor and City Clerk to enter into the agreement between the City of Renton and the Washington State Department of Transportation (WSDOT) for the HES grant obligation of funding. H:\Division.s\TRANSPOR.TAT\PLANNING\Sharon\Agenda Bills\AB 2003 HES Duvall.doc MPWashington State Departmentof Transportation Local Agency Agreement Agency Address City of Renton 1055 South Grady Way Renton, WA 98055 CFDA No. 20.205 ' (Catalog of Federal Domestic Assistance) Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name NE Sunset Boulevard/Duvall Avenue NE Length N/A Termini Intersection Description of Work The project will realign and rechannelize lanes approaching, through and exiting the intersection, add an eastbound left -turn lane, modify the traffic signals, and extend a drop lane. The modification of the fully actuated traffic signal will include poles, signal and pedestrian displays, detection loops, emergency pre-emption, and a new signal controller. Type of Work Estimate of Funding (�> — Estimated Total Project Funds — (2) Estimated Agency Funds (3) Estimated Federal Funds PE a. Agency 90 % b.Other Consultant c. Other Federal Aid - . _ ... -- - -- d. State Participation _-. _. - -- - — Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 3,500.00 350.00 2,950.00 - --- -- -- -- 3,500.00 3,150.00 29,500.00 26,550. 2,000.00 35,000.00 31,500.00 Right of Way f. Agency g. Other h. Other Federal Aid -- Participation t• State Ratio for RW j. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract I. Other m. Other n. Other OX o. Agency Federal Aid --_--- — Participation p• State Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) — - r. Total Project Cost Estimate (e+j+q) 135,000.001 3,500.001 31,500.00 Agency Official By Title Jess-e Tanner, Mayor_. _ Washington State Department of Transportation By Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-039 EF Revised 10l01 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of FJ Local Force or Local Ad and Award at $ per month for ® Method C - Agency cost incurred with partial reimbursement Provisions I. Scope of Work months. The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. IL Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the frill authority to carry out this administration. The State shall review, irocess, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: Resolution/Ordinance No. 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section 1X). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Transportation Equity Act for the 21st Century (TEA 21), as amended, and Office of Management and Budget circulars A-102, A-87 and A-133. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall mimimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by WSDOT. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. DOT Form 140-039 EF Revised 10/01 Method A — The Agency will place with the State. within (20) days after the execution of the construction contract. an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C— The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection. and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). Vill. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $300,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit; the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance will standards approved by the Federal Highway Administration and MUTCD. T. Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency. State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project. PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XII. Nondiscrimination Provision The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to cant' out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporate into any contract for construction work. or modification thereof, as defined in rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Govemment,'the above equal opportunity clause is not applicable to any agency; instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part 11, subpart D of the Executive Order. DOT Form 140-039 EF Revised 10/01 In addition, the Agency agree9 that if it fails or refuses to comply with these undLrtakings, the State may take any or all of the following actions: (a) Cancel! terminate! or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the rogram with respect to which the failure or refusal occurred until satisfactory surance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XI11. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure tc include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole. or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief. that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress; or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 10/01 CITY OF RENTON, WASHINGTON I R&ITS) VIIJCoWs" A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING FOR THE TRAFFIC SIGNAL AT NE SUNSET BOULEVARD AND DUVALL AVENUE NE. WHEREAS, the City of Renton has determined that it is appropriate to modify a traffic signal at the intersection of NE Sunset Boulevard and Duvall Avenue NE; and WHEREAS, the Washington State Department of Transportation has monies available for such a modification through its Hazard Elimination Safety grant program; and WHEREAS, the City of Renton has been awarded $396,000 through that grant program for this signal; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton will receive such a grant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract with the Washington State Department of Transportation for the award for $396,000 through the Hazard Elimination Safety grant program for the modification, with associated planning, engineering and other necessary activities, of the signal at NE Sunset Boulevard and Duvall Avenue NE. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2003. Approved as to form: Lawrence J. Warren, City Attorney RES:970:3/11/03:ma Jesse Tanner, Mayor 2 March 7, 2003 WSDOT Northwest Region Local Programs Terry Paananen, P.E., Local Programs Engineer M/S 121 P.O. Box 330310 Seattle, WA 98133-9710 Attention: Dave Scott, P.E., Assistant Local Programs Engineer Subject: NE Sunset Boulevard/Duvall Avenue NE HES 2002 High Accident Location Dear Mr. Paananen: I have enclosed the required documents to obligate the HES funds for Preliminary Engineering for the NE Sunset Boulevard/Duvall Avenue NE intersection improvement project. The project will realign and rechannelize lanes in the intersection, add an eastbound left -turn lane, extend a drop lane, and modify the traffic signals. The City is requesting $396,000 in HES funds with a 10% City match of $44,000 for a total project cost of $440,000. Enclosed are the following for the subject project: 1. Two original Local Agency Agreements 2. Prospectus Submittal Checklist 3. Federal Aid Project Prospectus 4. Vicinity Map 5. Pictures 6. WSDOT Award Letter 7. Project Worksheet 2003-2008 We are ready to begin the project design as soon as the funds are obligated. If you need any additional information, please contact me at 425.430.7232. Sincerely, Sharon Griffin Program Development Coordinator Enclosures: as listed cc: Karl Hamilton Leslie Lahndt Nick Afzali Project File H:\sgriffin\Letters\]-IES-Sunset-Duvall PE Y Y Appendix 21A1 Prospectus Submittal Checklist ocal Agency: City of Renton Project Identification: NE Sunset Blvd./Duvall Ave. NE Use this sheet as a cover sheet to the project prospectus package. Place an "X" in the right column to denote items included. If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each item as appropriate. Note later with an "L" if the information will be supplied at a future date. Application: 1. Project Prospectus (Chapter 21.1) X 2. Vicinity Map X-- ................................................................................................................................................................................................................ 3. Typical Roadway Section T- 4. Typical Bridge Section 5. Local Agency Agreement (Chapter 22) 6. TIP/STIP Inclusion (MPO/County/Agency, selected/limited to $) X— Supporting Data: 7. Safety Checklist -A Supplement to the Project Prospectus for 2-R and 3-R Projects (Appendix 41.71) NA g. Photos (Railroad Crossing, ER Event Sites, as required) X- 9. Deviation Request and Deviation Analysis Form to Justify Request (reference Appendix 41.72) 10. Environmental Considerations (Chapter 24) a. Class II Categorically Excluded (CE) - Environmental Classification Summary (ECS) b. Class III Environmental Assessment (EA) c. Class I Environmental Impact Statement (EIS) d. SEPA Checklist e. NEPA/SEPA/Section 404 Interagency Working Agreement f. Evolutionarily Significant Unit (ESU) Determination of Effect Concurrence 11. Hearing Notices (Chapter 43) Z� a. Transcript of Hearing 12. Location and Design Approval (Chapter 43) 13. Right -of -Way Requirements (Chapter 25) a. Relocation Plan b. Right -of -Way Plans c. Right -of -Way Project Funding Estimate or True Cost Estimate d. Request Right -of -Way Fund Authorization 14. Right -of -Way Certification (Chapter 25) 15. Agreements/Easements with Railroads, Utilities, and Other Agencies (Chapter 32) �- 16. FAA Notification (FAA Form 7460-1) (Chapter 24) NA- 17. Tied Bids (Chapter 44) ITT — Remarks: 4-6 TIPISTLP_Inclusion - HES�zoject Washington State Department of Transportation Local Agency Federal Aid Project Prospectus Prefix Route ( ) Dat e Federal Aid 3/7/2003 Project Number 916001271 Local Agency WSDOT Federal Employer Project Number Use Only I Tax ID Number A ency City Federal Program Title of Renton ® 20.205 ❑ 20.209 ❑ Other Project Title NE Sunset Blvd/Duvall Ave. NE Project Termini From To Intersection N/A From: To: LN gAth of Project Award Type r ® Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region ® FHWA ❑ Others 1070 17 King 1 Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO 8 11,41 1 PSRC • 4 `��t�,y Phases ofal x '. ' E tf a ed oast .. - 3' Y Local Agency F Fundin ',r 'CF `}`,�" ,i,C'v .��u�'S.i"'C7: ^4j' xk Federal°1=tncfs� < z PFt'ase Start D"ate F� ht' x �•-5"�.+v�Q{kx ti}v" E S $(tVarest FltindtDollar):W $35,000 J Y (Nearest Hundred Dollar)+�N�est�un�dDollar}�x •..�� M C'�5.;NY' >l Month,.. Year P.E. $3,500 $31,500 5/l/03 R/W $0 ------ - ----- Const. $405,000 $40,500 $364,500 6/l/04 Total $440,000 $44,000 $396,000 ---------------- �vs Descri4pfton ofi Ex sting Facility (Existing Design and Present Conditidii Roadway Width Number of Lanes 63 to 69 feet 5 This is a traffic signal controlled intersection. On NE Sunset Blvd. there are 4 through -lanes with I left -turn lane eastbound which narrows to 2 lanes after the intersection. On Duvall Ave. NE, there are 4 through -lanes and 1 left -turn lane both north and southbound. Vehicular and pedestrian traffic in this area has been increasing. Descriptionk Roadway Width Number of Lanes ® New Construction El3-R El2-R 66 to 72 feet - in design 5 - 6 Realign and rechannelize lanes approaching, through and exiting the intersection, add a second left -turn lane eastbound on NE Sunset Blvd., and modify the traffic signals, and extend a drop lane. The modification of the fully actuated traffic signal will include poles, signal and pedestrian displays, detection loops, emergency pre-emption, and a new signal controller. Local Agency Contact Person Sharon Griffin Title Phone i Program Development Coordinator 425.430.7232 Mailing Address 1055 South Grady Way City State Zip Code Re on WA 98055 By _/0 _ U� Design Approval - --- '--- - -.. p-vi9 � - T-...._._.. (CA Agencies Only) Title Transportation Design Supervisor Date DOT Form 140-101 EF Page 1 of 3 Revised 412000 A ency Pro ect Title Date ity of Renton N)� Sunset Blvd/Duvall Ave. NE 3/7/2003 Geometric Design Data . Description Through Route -- ® Principal Arterial- ❑ Minor Arterial ®Urban ❑Collector --- ❑ Major Collector ❑ Rural ❑ Minor Collector ❑ Access Street/Road Crossroad Federal Functional Classification -❑ ®Urban ❑ Rural nn—P-' cipal Arterial ® Minor Arterial ❑Collector ❑ Major Collector ❑ Minor Collector ❑ Access Street/Road Terrain ® at o-Roff mountain H-Tlat ❑ Roll ❑ Mountain Posted Speed mp - mp Design Speed Existing ADT Design Year ADT Design Year Design Hourly Volume (DHV) Accident c 3YearEzper:�ence� .......r n ' Year Property Damage Accidents ury Accidents FatalAccidentsTotal Number of Accidents NumberJof Accidents of Injuries Number of Accidents Number Numb Fatalities er of 1999 10 �..... - - Tofal2Number of.Accidents Attributable fo Lack;of havMng the ;Proposed h Improvement 20 9 _ 29 Performance of or Preliminary Engineering Will Be Performed By Consultant Construction Will Be Performed By Contractor Others 90 % Agency 10 % Agency 10 % Contract 90 % Environmental Vassification' w x ,- ❑ Final ® Preliminary ❑ Class I - Environmental Impact Statement (EIS) ® Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations No environmental impacts are expected. DOT Form 140-101 EF Page 2 of 3 Revised 4/2000 A ency Pro ect Title Date �ity of Renton NE Sunset Blvd/Duvall Ave. NE 3/7/2003 Right of Way ® No Right of Way Required All construction required by the contract can be accomplished within the existing right of way. ❑ Right of Way Required ❑ No Relocation Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project To be evaluated during design; nothing of major significance is expected. ❑ Relocation Required FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No Remarks This project will not impact the airport. This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, anc is not inconsistent with the agency's comprehensive plan for community development. Agency Date By Mayor/Cliairpi rson DOT Form 140-101 EF Revised 4/2000 Page 3 of 3 � Washington State TI/ Department of Transportation Douglas B. MacDonald Secretary of Transportation October 14, 2002 Mr. Greg Zimmerman Public Works Administrator City of Renton 1055 S. Grady Way Renton, WA 98055-3232 &� Dear M�mmerman: i ; } 1 2002 �nlrei5sporta�o SYster- Diva Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov 2002 Hazard Elimination Safety (HES) Project Selections Gc'T00ZI k c�n99� �QQ�1 V We are pleased to advise you that the following project(s) has/have been selected for funding through the 2002 HES program. The federal aid funding for the project(s) is/are limited to the amount identified below. NE Sunset Blvd and Duvall Ave NE $396,000 To obligate funding for the project(s), please refer to your Local Agency Guidelines manual. Unless significant environmental issues are evident, these projects will be included in the statewide safety bucket in the STIP and a STIP amendment will not be necessary. Also, project expenditures incurred before receiving notice from us of federal fund obligation are ineligible. The HES program requires agencies to have construction funds authorized by December 1, 2005 and that your agency shall track and report accidents for at least three years following completion of the project(s). The information provided on the effectiveness of the projects improvements are forwarded to FHWA annually. Should you have any questions on how to pursue this project, please contact, your Regional Local Programs Engineer at (206) 440-4734. Sincerely, Kathleen B. Davis Director Highways & Local Programs Division Enclosure cc: Terry Paananen, NW Region, NB82-121 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 7nn3 _ 7nnA QIY_Vr:AO TID Duvall Ave NE - SR-900 to North City Limits Functional Classification: Minor Arterial Fund: 317 Proj. Length: 1.67 miles Proj: 12123 RANK: 10 CONTACT: James Wilhoit 425-430-7319 DESCRIPTION: Widening roadway to 5 lanes, includes: curbs, sidewalks, storm drainage, street lighting, channelization, and bikeway from SR-900 to the North City Limits. JUSTIFICATION: Growing residential areas use this route which is also becoming a major through route between Renton and Bellevue as well as freight traffic. STATUS: Received a TIB grant in partnership with King County; the City of Newcastle also received a TIB grant for their section of Coal Creek Parkway. The City of Renton's grant award is $3,095,640. CHANGES: Split away Renton's project from joint management of TIB project with King County and the City of Newcastle. Our project will be designed with in-house staff. un eUnfunded Project Totals Programmed Pre-2003 Six Year Program ITEM Programmed Spent Pre-2002 2002 Total 2003 2004 2005 2006 2007 2008 Project Development Precon En /Admin 0 % 355,000 14,122 225,000 115,878 115,878 R-O-W includes Admin 4 500,000 100,000 400,000 390 000 101000 Construction Contract Fee 2,805,600 2,805,600 100,000 2,600,000 105,600 Construction En /Admin 214,200 214,200 25,000 179,200 10,000 Other TOTAL EXPENSES- 3,874,800 14,122 325,000 3,535,678 630,878 2,789,200 115,600 SOURCE OF FUND7T.- 12 Cent Gas Tax Business License Fee 384,422 384,422 3,141 358,045 23,236 Vehicle License Fee 195,000 195,000 195,000 Grants In -Hand 3,095,965 259,675 2,836,290 344 5U5 2,399 421 92,364 Mitigation In -Hand 199,413 14,122 65,325 119,966 88,232 31,734 L.I.D.'s Formed Other In -Hand Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined O S C S 3,874,800 14,122 325,000 3,535,678 630,878 2,789,200 115,600 N'0 - 07i0 nM2 7,. 5 -'^ FINAL 0 M 'fill I ILI 51 AIN . . . . . . . . . . 41 VVII ij 1,14r nr _;VA 4P tt, IM Wi7 WI: yv CD NE Sunset Boulevard/Duvall Avenue NE HES 2002 Hip' ccident Location > II II a I - r RAW S � I II oc II > I NE Sunset Boulevard/Duvall Avenue NE HES 2002 High Accident Location l :a :. �x��' 1� . • : � ,� � .S�i � 5 z*� � `ems �a : � "'"""��' t � air rt .......... �pq i CITY OF RENTON COUNCIL AGENDA BILL G � � + s Al #: i :Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Utility Systems Division Staff Contact...... Karen McFarland x-7209 Subject: Annual Consultant Roster for Contracts in 2003 for Appraisal and Right -of -Way Services Exhibits: List of Annual Appraisal and Right -of -Way Consultants on Shortlist (Attachment A) For Agenda of: Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... -0- Transfer/Amendment....... Amount Budgeted.......... -0- Revenue Generated......... Total Project Budget -0- City Share Total Project.. SUMMARY OF ACTION: March 17, 2003 X The Utility Systems Division requests approval of two annual consultant rosters. These consultants have been chosen to provide Appraisal Services and Right -of -Way Services for the year 2003. As a need for services arises, a standard City of Renton services contract will be entered into with the most qualified consultant on the roster. As required by State law, the consultants on this roster were selected by the Statement of Qualifications (SOQ) process. Contracts will be entered into in compliance with City Policy 250-02 (Bidding and Contracting Requirements) and subsequent amendments to this policy, as may be approved by the Mayor and Council. The Utility Systems Division recommends that Council authorize inclusion of the list of consultants in Attachment A into the roster of annual Appraisal and Right -of -Way consultants to be used for the year 2003 with the option of extending the roster annually in 2004 and 2005 by the approval of the Planning/Building/Public Works Administrator. P:\Administrative\Consultant Lists\2003ConsultantRoster\2003Consultant Roster.doc\KLM\tb k» ATTACHMENT A UTILITY SYSTEMS DIVISION — PLANNINGBUILDING/PUBLIC WORKS ANNUAL CONSULTANT ROSTER FOR 2003 — 2005 APPRAISAL SERVICES: The Hoefer Associates Integra Realty Resources The Lema Consulting Group WA Appraisal Services Wick & Associates Appraisal Group of the NW RIGHT-OF-WAY SERVICES: Certified Land Services Corporation David Evans & Associates Abeyta & Associates Universal Field Services Tierra Right -of -Way Services, Ltd. P:\Current Projects\2003ConsultantRoster\2003Consultant_RosterAttachment.doc\KLM\tb CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board., Staff Contact...... Planning/Building/Public Works Utility Systems Division/Water Utility Rick Moreno X-7208 Subject: CAG 02-120 — WTR-27-2980 Springbrook Springs Watershed Property Fencing Project Contractor: F & H Fence Co. Exhibits: Final Pay Estimate Notice of Completion of Public Works Contract Al #: For Agenda of: March 17, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Council concur Legal Dept......... Finance Dept ...... X Other ............... Fiscal Impact: Expenditure Required... $13,798.02 (for final pay estimate only) Transfer/Amendment Amount Budgeted....... $14,000 (2003 Budget for final pay Revenue Generated estimate) Total Project Budget $100,000 (2002 Budget and 2003 Carry City Share Total Forward, Acct. Project #421.000500.018.5960.0034.65.055540) SUMMARY OF ACTION: The contractor, F & H Fence Co., started construction of the project on October 14, 2002, and completed the project on February 14, 2003. The original contract amount was $54,270.80 and the final contract amount is $74,857.67. The $20,586.87 increase in cost is due to change orders issued to install fences taller than the standard 8-foot height to accommodate steep slopes, to construct an additional access gate, and to repair all damaged sections of old fencing around the entire Springbrook Watershed property. There are sufficient funds in the project budget to cover this increase in cost. STAFF RECOMMENDATION: The Utility Systems Division of the Planning/Building/Public Works Department recommends that the project be accepted, the final pay estimate be approved, and the retainage in the amount of $3,440.13 be released after sixty (60) days, subject to receipt of all required authorizations. X C:\Documents and Settings\mpetersen\Local Settings\Temp\CITY OF RENTON COUNCIL AGENDA BILL.doc\RLM:If TO: FINANCE DIRECTOR r r FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: F & H Fence Co. CONTRACT NO. CAG-02-120 ESTIMATE NO. 6 (Final) Closing Date: 2/18/03 PROJECT: Springbrook Springs Watershed Property Fencing 1. CONTRACTOR EARNINGS THIS ESTIMATE $12,682.00 2. SALES TAX @ 8.80% $1,116.02 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $13,798.02 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $53,314.97 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $12,047.90 6. SUBTOTAL - CONTRACTOR PAYMENTS $65,362.87 7. RETAINAGE ON PREVIOUS EARNINGS $2,806.03 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $634.10 9. SUBTOTAL - RETAINAGE $3,440.13 10. SALES TAX PREVIOUSLY PAID $4,938.65 11. SALES TAX DUE THIS ESTIMATE $1,116.02 12. SUBTOTAL - SALES TAX $6,054.67 * (95% x LINE 1) ** (RETAINAGE: 5%) GRAND TOTAL: $74,857.67 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 421.000500.018.5960.0034.63.055540/55540/5354 $13,163.92 # 6 (Final) $13,163.92 RETAINED AMOUNT (Line 8): ACCOUNT # 421.000500.018.5960.0034.63.055540/55540/5354 $634.10 # 6 (Final) $634.10 TOTAL THIS ESTIMATE: $13,798.02 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF Checked By: rift, J j PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE 715ecked By: `O SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED r HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE A D CERTIFY TO SAID CLAI / Signed: vL 4A* a 6P-'M Printed On: 3/3/03 City of Renton Public Works Department Page 1 . Printed,On: 3/3/03 City of Renton Public Works Department project: Springbrook Springs Watershed Property Fencing Contract Number. CAG-02-120 'actor. F & H Fence Co. Pay Estimate 6 (Final) Closing Date: 1/3/03 item Description Unit Est. Unit Previous Previous This 001. Mobilization & Demobilization Lump Sum 1 $2,200.00 002. Fence Clearing, Grubbing & Tree Removal Lump Sum 1 $6,650.00 003. 8 ft. Chain Linked Fence Linear Feet 2955 $13.75 004. 6' Wide Chain Linked Access Gate Each 1 $400.00 005. Change Order #1 2011. wide swing gate Each 1 $1,510.00 006. Change Order #2 chain link fence over Sit high Linear Feet 1800 $24.80 Change Order #3 Repair/Replace damaged fence 007. around entire property boundary Lump Sum 1 $12,682.00 Subtotal 8.81/6 Sales Tax TT Total Page 1 This Total Total 1.00 $2,200.00 $0.00 1.00 $2.200.00 1.00 $6,650.00 $0.00 1.00 $6,650.00 2300.00 $31.625.00 $0.00 2300.00 $31,625.00 $0.00 $0.00 0.00 $0.00 1.00 $1,510.00 $0.00 1.00 $1,510.00 570.00 $14,136.00 $0.00 570.00 $14,136.00 1.00 $12,682.00 1.00 $12,682.00 $56,121.00 $12,682.00 $68,803.00 $4,938.65 $1,116.02 $6,054.67 $61,059.65 $13,798.02 $74,857.67 i� -3/3/0 3 STATg O� State of Washington o� Department of Revenue Audit Procedures & Administration m PO Box 47474 �y� 1889 aoy Olympia, Washington 98504-7474 Reg.No.: Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT 1USE ONLY': City of Renton — Finance Department Assigned To 1055 South Grady Way Renton, WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract (CAG-02-120 City of Renton Project No. WTR-27-2980 Springbrook Springs Watershed Property Fencing Project Contractor's Name F & H Fence, Co.. Telephone No. (425) 481-4043 Contractor's Address P.O. Box 1805 Woodinville, WA 98072 Date Work Commenced Date Work Completed Date Work Accepted October 14, 2002 February 14, 2003 February 17, 2003 Surety or Bonding Co. Beeson Company Agent's Address P.O.Box 84187 Seattle, WA 98124 Att: John Beeson (206) 467-5858 Contract Amount: Additions Sales Tax: Total $49,881.25 $18,921.75 $ 6,054.67 $74,857.67 By Phone No: Amount Disbursed: $71,417.54 Amount Retained: $ 3,440.13 Total: $74.857.67 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2980 - Springbrook springs Watershed Fencing Install ation\General Correspondence\Notice_of completion.doc ♦ y M f, .0. rytc CITY OF RENTON COUNCIL AGENDA BILL uv_ux 1;,t- iv a Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Development Services Division Staff Contact...... Lesley Nishihira (x7270) Subject: Consultant Agreement for preparation of Environmental Impact Statement (EIS) for the Barbee Mill Preliminary Plat proposal (LUA-02-040). Exhibits: Consultant Agreement Recommended Action: Council Concur Al #: R , v� For Agenda of: March 17, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . 0.1 Approvals: Legal Dept......... X Finance Dept...... Other (Human Resources) X Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Proiect Budget Citv Share Total Proiect.. SUMMARY OF ACTION: City staff requests approval of a Consultant Agreement authorizing work at the applicant's expense for the production of an Environmental Impact Statement (EIS) for the Barbee Mill Preliminary Plat proposal. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends the approval and execution of a Consultant Agreement authorizing work associated with the Environmental Impact Statement (EIS) required for the Barbee Mill Preliminary Plat proposal. The applicant will be responsible for the cost of preparing the EIS and will be billed via a pass -through account established between the City, the consultant (Parametrix) and the applicant (Barbee Mill Company). Rentonnet/agnbill/ bh CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: March 12, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: Jesse Tanner, Mayor �` g g FROM: Gregg Zimmermaia� ministrator, Planning/Building/Public /Buildin /Public Works Department STAFF CONTACT: Lesley Nishihira, x7270 SUBJECT: Barbee Mill Preliminary Plat E.I.S. — Consultant Agreement ISSUE: The Development Services Division requests approval of a consultant agreement authorizing work associated with the preparation of an Environmental Impact Statement (EIS) for the Barbee Mill Preliminary Plat proposal. The cost of the EIS, which was determined to be necessary by the City's Environmental Review Committee (ERC), will be at the direct expense of the project applicant. BACKGROUND: Location — The Barbee Mill consists of a 22.9-acre site and is located on the west side of Lake Washington Boulevard North between North 40th Street and North 44th Street abutting the Burlington Northern Santa Fe Railroad right-of-way along the eastern boundary. The property has historically been utilized for lumber operations, which over past years have been decreased to a limited level and are presently in cessation. Many of the existing structures are in disrepair and all would be demolished as part of site development. The property is situated within the Center Office Residential (COR-2) zoning designation, which is intended to provide for a mix of intensive commercial, office and residential activity in a high quality, master planned development that is integrated with the natural environment. Stand-alone residential development is also permitted in the zone provided the required density of a minimum 5 dwelling units per net acre (du/ac) is satisfied. The site includes a number of sensitive features, including Lake Washington and May Creek shorelines, critical wildlife habitat areas, wetlands, contaminated soils, high seismic hazards, steep slopes (15% to 25%) and flood hazards, as well as Department of Natural Resources lease lands along a portion of the site's lake frontage. Consultant Agreement Barbee Mill EIS Page 2 of 4 Development Proposals (Past and Present) — At one time the property was included in a large-scale development proposal that involved adjoining properties to the north (a.k.a., Port Quendall); however, the property has since been proposed for development as individual site. Initially, the applicant filed a land use application for a development proposal that would include a mix of residential, office, retail, hotel and restaurant uses (file no. LUA-01-174). The City began processing this application and upon review determined that an EIS would be necessary in order to consider potential adverse environmental impacts from the proposal. However, after the completion of the EIS scoping process, the applicant requested that the review of the application be suspended and proceeded to submit an entirely separate land use application involving a completely different development concept on the site. It is this proposal that the City is presently reviewing (file no. LUA-02-040). The current proposal is for the review of a Preliminary Plat that would subdivide the site into 115 residential lots intended for townhouse development (reduced map attached). Most of the units would be constructed within duplex structures along with some 3-unit, 4-unit and 5-unit structures to be located on the southeast side of May Creek. The attached units would be constructed with zero setbacks from common lot lines and would place each unit on an individual lot. The proposal would result in a net density of approximately 8.35 dwelling units per acre (22.9 gross acre site — 9.13-acres combined sensitive areas and public roadways = 13.77 net acre --> 115 units / 13.77 net acre = 8.35 du/ac). Landscape, roadway, utility improvements and four utility/open space tracts would be established with the plat. Access to the project would be provided via an existing 60-foot wide access easement, which would be dedicated to public right-of-way, from the Lake Washington Boulevard/Ripley Lane intersection through the abutting property on the north side of the site. The project would provide 42-foot wide internal public roadways throughout the majority of the project with a 32-foot wide roadway proposed on the south side of May Creek. Both primary and secondary access to the site would require railroad crossings that must be approved by both the City and the Washington Utilities and Transportation Commission. In addition, an Independent Remedial Action Plan has been approved by the Department of Ecology and the City for the clean-up of on -site soils containing elevated concentrations of arsenic and zinc (file no. LUA-02-069). However, this approved remediation is not anticipated to occur until site preparation activities for an approved development project begin. Licenses, Permits and Necessary Approvals — The following permits and approvals will be required for the proposed redevelopment of the site: • City of Renton: Environmental (SEPA) Review; Preliminary Plat Approval; Shoreline Substantial Development Permit Approval; Level II Site Plan Approval; Level I Site Plan Approval; Shoreline Variance Approval, if Consultant Agreement Barbee Mill EIS Page 3 of 4 applicable; Wetland Buffer Averaging and Compensation Approval; Street Modification Approval; Railroad Crossing Access Approval; Site Preparation, Demolition, Building and Construction Permits; and Final Plat Approval. • King County: Shoreline Permit for DNR lease lands. • Washington Department of Ecology: Hazardous Waste — No Further Action Letter; National Pollutant Discharge Elimination; System (NPDES) Permit; Shoreline Substantial Development Permit Approval; Shoreline Variance Approval, if applicable; and Water Quality Certification. • Washington Department of Fish & Wildlife: Hydraulic Project Approval (HPA). • Washington Utilities and Transportation Commission: Approval of Railroad crossing(s). • US Army Corp of Engineers: Section 401 and 404 Permits, if necessary. • US Environmental Protection Agency: CERCLA/MTCA Clearance. Environmental (SEPA) Review — Prior to proceeding with the review and formulation of staff recommendations for all of the City's necessary land use permits, the project must undergo review pursuant to the State Environmental Policy Act (SEPA). Upon consideration of adverse environmental impacts that would potentially result from the project, the City's Environmental Review Committee issued a SEPA Threshold Determination of Significance (DS) on November 5, 2002. Under SEPA regulations, the DS requires that an EIS be prepared to thoroughly analyze specific areas of concern surrounding the project. Specifically, the scope of the EIS for this project will generally focus on the following areas: ➢ EARTH • Soils, geology, earthwork, geologic and seismic hazards, and erosion/sedimentation impacts. ➢ PLANTS AND ANIMALS ■ Displacement of existing vegetation, wetlands and associated shoreline and wetland habitat for terrestrial and aquatic species. ■ Examination of the potential for rehabilitation of degraded habitat as part of the project. ■ Incorporation of shoreline access and regional trails through the site. ➢ WATER RESOURCES ■ Waterways, hydrology, floodplains, groundwater and water quality impacts (including possible impacts from cessation of May Creek dredging operations). ■ Potential impacts and mitigation for impacts to May Creek and Lake Washington. Consultant Agreement Barbee Mill EIS Page 4 of 4 ➢ TRANSPORTATION ■ Impacts to the local traffic circulation system, including traffic forecasts, specified intersections, trip generation, level of service, as well as accidents and safety. ■ Design and safety impacts of railroad crossings. ■ Impacts to 1-405 and adjacent jurisdictions (i.e., City of Newcastle). ➢ TOXIC AND HAZARDOUS MATERIALS ■ Review of clean-up levels appropriate for residential uses. ■ Impacts from abutting contaminated properties. ➢ AESTHETICS, LIGHT AND GLARE • Identify existing aesthetic and scenic resources and evaluate view impacts. ➢ NOISE ■ Review of noise impacts associated with construction impacts and railroad usage. ➢ CULTURAL RESOURCES ■ Assessment of cultural and archeological resources on the site. ➢ ALTERNATIVES In addition to the proposal, the EIS will examine a "no action" alternative that will assume the continuation of the industrial use of the property. During the course of analyzing impacts and identifying mitigation measures, however, a combination of mitigating measures may be developed which would constitute an additional alternative. This may involve a reduction in the number of units and/or a reconfiguration of the plat layout. CONCLUSION: After study of the areas discussed above is completed, a Preliminary Draft EIS will be assembled for the City's review and approval. The City will then issue the Draft EIS for public review and will accept comments given at public hearing or submitted in writing. When comments on the Draft EIS have been considered, the City will issue the Final EIS with responses to the draft comments. By this time the City will have likely identified a preferred alternative. The EIS will then be used as the basis for staff's recommendation to the Hearing Examiner upon consideration of the Preliminary Plat and other land use permits. The attached consultant agreement establishes the scope of work, timeframes and budget for the EIS work. Based on RMC section 4-1-170, Land Use Review Fees, 100% of the cost associated with the preparation of the EIS shall be paid at the direct expense of the applicant. A deposit from the applicant must be received by the City prior to giving the consultant notice to proceed on the work outlined in the agreement. cc: Neil Watts Jennifer Henning Alex Pietsch CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2003, by and between the CITi OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and the consulting firm Parametrix whose address is 5808 Lake Washington Boulevard NE, Suite 200, Kirkland, WA, 98033, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Barbee Mill Preliminary Plat EIS WHEREAS, the City has not sufficient qualified employees to provide the services within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary planning work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: OBJECTIVES AND SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant hereby warrants that it has the necessary experience, qualified and trained personnel, equipment and materials to complete the work detailed in Exhibit A. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. II TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant by , notwithstanding delays due to factors that are beyond the control of the Consultant. The established completion time shall not be extended because of any delays attributable to the Consultant, but may be extended by the City in the event of a delay attributable to the City or because of a delay caused by an act of God or governmental actions or other conditions beyond the control of the Consultant. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for re -negotiation or termination of this Agreement by the other party. III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The Consultant shall provide the City with a list of data requests. The City will furnish the Consultant with copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. The Consultant shall be responsible for the verification of existing records to insure they represent the accurate and current field conditions. Should field studies be needed, the Consultant will perform such work, consistent with the attached Scope of Work, or as modified through mutual agreement. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. Where possible and feasible all written documents and products shall be printed on recycled paper. Final documents, and interim drafts as feasible, will be printed on both sides of the recycled paper. V PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list specific project titles, actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment shall be on a time and materials basis, approximating the amounts associated with each task listed in Exhibit A. The amounts under each task may vary; however, the total amount of the contract shall not exceed $162,927.03 without a written amendment to this contract, agreed to and signed by both parties. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced time for consultant employees and material expenses, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VI CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work (published Draft and/or Final EIS) of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VII. VII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. VIII EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 3 The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. IX NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non - Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. X TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual time and material expenses for the work complete at the time of termination of the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XI DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Administrator of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or in part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. It is specifically and expressly understood that the indemnification provided herein constitutes the consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XH. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. XIII SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XIV COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XV EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON Signature Date Jesse Tanner, Mayor Date type or print name ATTEST: Title Bonnie I. Walton, City Clerk RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996. CITY OF RENTON: v(ayor ,Attest: \ City Cler RENTON CITY COUNCIL: .ter' Council President Y c. �O AFFIDAVIT OF COMPLIANCE AR.AMETRIX 1NC. hereby confirms and declares that ( Name of contractor/ssuubcontractor/consultan t/supplier) I. It is 1".AR/aME"rRtX , TNC.* S policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. �itAMECRue &c—. complies with all applicable federal, ( Name of contractor/subcontractor/consul tant/supplier) state and local laws governing non-discrimination in employment. H. When applicable, Vo aaMETR1K, T."C. will seek out and ( Name of con tractor/subcontractor/consultan Usuppli er) negotiate with minority and women contractors for the award of subcontracts. DUAC>14T E. MILL-E9,Aspe. TitNCrP4L— Print Agent/Representative's Name and Title Agent/Rep e tative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. IT A 'WORK 10 EXHIBIT A SCOPE OF WORK RENTON, BARBEE MILL EIS WORK PROGRAM Nvi€ ONMENTAL IMPACT STATEMENT Environmental documentation for the Barbee Mill Preliminary Plat will include preparation of an environmental impact statement (EIS) and related supporting documents and materials as described in the following items. The EIS will be prepared to meet the requirements of the State Environmental Policy Act (SEPA) and Renton City Code 18-97. Primary guidance for the EIS will be SEPA Guidelines WAC 197-11. It is assumed that one (1) build alternative and the no -action alternative will be analyzed in the EIS. 1.0 SCOPING AND EARLY COORDINATION Goal The City of Renton Development Services Division has met all procedural and substantive requirements for Scoping pursuant to the State Environmental Policy Act (SEPA), WAC 197-11-500, and Renton City Code; provided for comments from the public, cooperating agencies, and other agencies with expertise regarding elements of the environment or permit jurisdiction. The January 10, 2003 Scoping Document is the basis of this scope of work. T,2sles Parametrix will notify the city if, at any time during preparation of the EIS, new information indicates a need to change the Scoping Determination to respond to unanticipated issues. 2.0 ALTERNATIVES Goal The integration of environmental considerations in the public decision -making process is one of the primary goals of SEPA. The development of alternatives is one of the key steps in both the project development and environmental process. The city has specified in the January 10, 2003 Scoping Document, the consideration of a No Action Alternative, consists of continuation of some form of industrial use of the property. Approach During the course of analysis of impacts and identification of mitigating measures, a combination of mitigating measures may be developed which constitutes a reasonable alternative which meets the criteria in WAC 197-11- 440(5)(d) for a private proposal of achieving the proposals objectives on the same site. Parametrix shall advise the City and applicant of any alternatives it recommends based on environmental issues identified in the analysis process. AssurnpHorls This scope of work is based on analysis of two alternatives: • The current proposal of the applicant. Future use or alternations for DNR owned uplands, will be based on consultation with the DNR aquatics leasing department land use policies for shoreline property, and confirmation of assumptions with the city. Rr_\To\ BARBE_r Mii-L EIS V"ORK PROGRAIM PAGE 1 OF 23 02-24-03 • A No -Action Alternative, which presumes the continuation of industrial use on the property with a configuration of buildings and impervious areas similar to what currently exists. In consultation with City staff, a pro -forma description of other uses, which could occur on the site under existing zoning will be developed. Description of the No Action Alternative will be limited to the following: • A use or mix of uses allowed by current zoning and identified as reasonable in consultation with City staff. • Future use or alternations for DNR owned uplands, will be based on consultation with the DNR aquatics leasing department land use policies for shoreline property, and confirmation of assumptions with the city. • Total floor area, by use. • Total required parking. • Building bulk and dimensional limits as allowed by zoning codes, or as allowed by use of existing buildings as allowed uses or non -conforming structures pursuant to Renton City Code 4-1 - 050. • Setbacks, landscape, and other requirements as specified by zoning codes. • Projected impervious surface based on building and parking requirements, less landscaping, sensitive area buffers, and other requirements. • Site plans, building plans, and similar graphic depictions of the alternative will not be prepared. If Parametix identifies a potential development alternative as a combination of mitigating measures, as provided in WAC 197-11-440 (5) (b) (iii) and (6), this will occur at the time of submittal of the Preliminary Draft EIS for City staff review. The scope assumes: • City staff review of the potential project alternative will take place in conjunction with review of impacts and mitigating measures. • Any meetings to discuss the potential project alternative will take place in conjunction with review of the Preliminary Draft EIS. • Description of impacts of the potential project alternative will take place in the mitigating measures section of each element of the environment, and will not require separate analysis as an alternative in the impact section of each element. Deliverables • Draft and Final Description of No -Action Alternative. • Description of potential development alternative as a combination of mitigating measures may be identified at the time of submittal of a Preliminary Draft EIS for City staff review. 3.0 NATURAL ENVIRONMENT 3.1 5e rls, 'cJir)'1i 1..1a�.:r.rzi , 1 a.rthivurk; `rnt.rorr/Seclirrxrztativrz Goal Provide analyses of soils, geology, earthwork, geologic and seismic hazards, and erosion/sedimentation for affected environment, potential impacts, and mitigation development. These analyses are important both for disclosure of impacts of the project and in providing a context for assessment of impacts on other elements such as water quality. Approach RL-NTUN BAR33EE MILL EIS WORK PROGRAM PAGL 2 or- 23 02-24-03 This task will be based on review of existing studies on soils, geology, surface topography, and sensitive areas. Parametrix will prepare this section based on review of existing data and a peer evaluation of exiting studies and qualitative evaluation of likely impacts. ,Affected Fi) r7r<�tzmcvt Parametrix will review readily available geotechnical and geological data for the project including, but not limited to, geologic maps from the U.S. Geologic Survey, National Resource Conservation Service County Soil Survey, King County Geologic Hazard and Sensitive Areas maps, and site reconnaissance reports, including the Geotechnical Feasibility Assessment by Golder Associates, and the Independent Remedial Action Plan, by Hart Crowser. The affected environment relative to the soil and geology conditions on the site will be evaluated and described, including controlling factors such as terrain, soil types, character of fill, seismic risk of liquifaction and slope failure, erosion susceptibility, and other limits on development. Background description of past and potential seismic events will including magnitude of earthquakes recorded and potential magnitude of pre - settlement earthquakes, as well as potential magnitude of techtonic plate subduction earthquakes. In addition to the soils and geology of the project, Parametrix will also characterize the groundwater resources, including aquifer characteristics related to potential contaminant plumes, utilizing existing data. Results of this analysis will form one of the inputs to analysis of Toxic and Hazardous Materials. InrfracatAimlysr's Impacts of the project will be evaluated based on review and evaluation of existing soil and geology/geotechnical information and project plans. Specific impacts considered will include: • Cut, fill, and other earthwork parameters. • Risk of failure of slopes, or retaining structures due to landslides, including seismic induced events. • Risks to structures, including seismic risks of liquefaction based on soil characteristics and fill character, appropriate design of foundations and supporting structures. • Character of groundwater resources, including contamination, and impacts as a result of project construction, including groundwater infiltration from pervious surfaces and runoff control or treatment facilities will be assessed. • Sedimentation within the May Creek basin will be assessed, with results presented in the Plants and Animals and Water Resources sections. Temporary construction activity impacts will be evaluated, including: • Erosion and sedimentation impacts. • Stability of temporary cut, fill, and utility excavation. • Stockpile and other temporary soil displacement. Afiti}wion De•r-elop�nrent Proposed mitigation measures will be reviewed based on potential adverse impacts identified. Mitigation measures incorporated as commitments in the project design, together with mitigating measures resulting from analysis of seismic and other risks will be identified. Standard Best Management Practices (BMPs) incorporated in clearing and grading permit conditions, will be identified and evaluated. Potential applicable mitigation measures available but not included in project design or standard BMPs will be identified. Re\TON BARULE IIMILL L7$ WORK PROC.RAINI PACE 3 OF 23 02-24-03 Additional FEI5Anah sr:s Comments by agencies and the public will require additional analysis for the FEIS. For budgeting this is assumed to be 10 percent of the DEIS effort. :4ssurnptict17s • Analysis will be based on one (1) build alternative. • Analysis will be based on existing site information and soil, geologic, and seismic studies. Analysis will be qualitative in nature, except where existing literature provides quantitative assessment of risk of failure or other parameters which can be reasonably applied to the site. • No more than one (1) reconnaissance -level field visit will be performed. Deli venibles • Draft Soils and Erosion section for DEIS. • Response to comments for the FEIS. .0 flints and _ zi.inmfs: 5horoliiw and U.'ethincl llvbit it fbr Ic.rxestrial;aruf.Agllatic Specicrs GUstl The proposed location of the Barbee Mill Preliminary Plat will displace existing developed area on the west side of May Creek and may displace existing vegetation, wetlands, and associated wildlife habitat on the east side of May Creek. The site also has the potential for rehabilitation of degraded habitat. This section will assess impacts on these elements. Approach Parametrix shall prepare this section utilizing existing information, including technical studies provided by the applicant. A reconnaissance level site visit will also be conducted to confirm present conditions. 147etlst1d5' stud (:I)11z117d iLibit it.for 7erresrJra( Species Affected En viroriment Existing vegetation in the project vicinity will be characterized based on a reconnaissance -level field visit, recent aerial photos, and existing literature. The characterization will include identification of the vegetation classes, dominant species, successional stage, human disturbance, and current use. Assessment of wetland size, classification, and functions will be based on existing studies and delineation and confirmed by a reconnaissance -level field visit. Based on existing information and the field reconnaissance, Parametrix will evaluate habitat relationships between the existing wetlands and May Creek and/or Lake Washington as well as the function of May Creek as a wildlife corridor connecting the site and Lake Washington to upstream habitat. This task includes the following: • Review existing information, including previous studies in the project area, soil surveys, wetland inventories, and topographic map and basin studies. • Assess proposed wetland and shoreline buffer areas on Lake Washington and May Creek for potential upland habitat value and identify critical habitat areas. • Identify use of the site as a migration route for upland species. Impacts Analysis Impacts on existing vegetation and wetlands will be assessed based on preliminary plans for the one (1) build alternative and \vill include: • Displacement and augmentation/restoration of vegetation and wetlands. Rem row ]3n�ir-c \1ii.�- L-IS \XioRK PxoeaA,N1 Pace 4 or 23 02-24-03 • Evaluate effects on plant communities related to any changes in groundwater or stormwater volumes or water quality. • Interference to critical life functions such as wintering, foraging, migration, breeding and/or rearing. • Effects related to collisions between vehicles and animals. • Effects on migration or dispersal of organisms, where the project could create or exacerbate barriers to movement. • Impacts of residential docks on lake -fronting lots on lake shore vegetation/habitat. • Impacts of potential public access along the shoreline. • Impacts of future use or alterations of DNR owned uplands, based on DNR land use policies for shoreline property and coordination with DNR shoreline division. • Fragmentation or consolidation of habitat due to provision of buffer areas and construction of new roadways or other features of the proposal. • Indirect impacts, including reasonably expected residential landscaping under current Renton codes, human presence impacts such as noise and lighting that could reduce habitat suitability for wildlife. Jfl fXga lI on Mitigation measures will identify potential opportunities to avoid, minimize, and compensate for impacts of the project, including restoration and enhancement of wetland and buffer areas and other measures. This does not include providing detailed mitigation design specifications; however, overall mitigation goals and objectives will be defined in sufficient detail to meet EIS disclosure standards. Agivitic szrzd t izcl:zrzr c red 5pvc.its Goal To assess impacts upon these elements and investigate opportunities to enhance resources. Approach Parametrix will prepare this section, in accordance with best available science, as indicated by existing scientific literature. AHLecred nrdronment For this task, we will collect existing information that establishes the baseline of existing environmental conditions for the area potentially affected by the build alternative. Aquatic species potentially affected by the project will be identified, with a special focus on endangered species, along with any potential suitable habitat, critical habitat, or essential fish habitat (EFH) within or adjacent to the project area. A plan view and side view map of shoreline fisheries habitat will be prepared. All descriptions will be based on existing information, including aerial photographs, information provided by the City of Renton, the applicant, Basin Plans for May Creek, and any relevant studies of aquatic species by the Washington Department of Fish and Wildlife, Tribal Fisheries studies and NOAA Fisheries. The EIS team will conduct a reconnaissance -level survey of habitat conditions. hnpact Analysis The objective of this item will be to identify potential impacts to fish in the project vicinity. The analysis will include evaluation of potential impacts likely to occur during construction and operation of the project, such as: • Displacement or enhancement of habitat. • Impacts on habitat for spawning, rearing, and other lifecycle stages, including: RENTO� BAR13FE i,LI.i_ EIS WORK PRocR VM PAGE 5 or 23 02-24-03 • Displacement or enhancement of habitat. • Direct effects on wildlife from construction such as erosion/sedimentation • Water quality impacts, including increased potential for sedimentation during construction. • Changes in stream hydrology, including seasonal flows. • Stream substrate alternation • Impacts of residential docks and bulkheads on lake -fronting lots on aquatic species, including salmonid/predator interactions. • Impacts of future use or alternations of DNR owned uplands, based on DNR land use policies for shoreline property. • Fragmentation or consolidation of habitat. • Effectiveness of proposed setbacks and buffers on aquatic species, including indirect impacts, such as reasonably expected residential landscaping under current Renton codes, and human presence impacts such as noise and lighting that could reduce habitat suitability. Nfirigarion This task will involve identification of mitigation concepts that would address the specific impacts to natural resources at the site including: • Potential measures identified in existing basin plans for enhancement of currently altered or channelized portions of May Creek. • Potential benefits of enhancement of the May Creek and Lake Washington shorelines within or adjacent to the project boundaries, including alteration of bulkheads and substrate. • Measures which can be incorporated into stormwater management and water quality facilities. • Buffer area alternatives, including those recommendations in the Tri-County Salmon Conservation Coalition - 2002, Biological Review Tri-County Model 4(d) Rule Response Proposal, and King County Endangered Species Act Policy Coordination Office - April 19, 2002. • Potential measures to mitigate indirect impacts, such as residential docks and landscaping of buffer areas and human presence impacts such as noise and lighting. Additional FLISAn.,dv,sis Review of the DEIS by resource agencies and other entities will produce comments requiring additional analysis and preparation of elements for the FEIS. For budgeting purposes, this is assumed to be 25 percent of the DEIS effort. Assumptions • Analysis will be based on one (1) build alternative. • Analysis will be based on existing studies. • Analysis of the No -Action Alternative will include order of magnitude comparisons of impact based on quantifiable differences resulting from additional impervious surfaces. • The City of Renton will secure all rights -of -entry. • No off -site wetland mitigation will be proposed. • Assessment of threatened chinook salmon present in May Creek and Lake Washington will be based on existing studies applicable to the site. RE\TUN Batu3Fa= 11111LL Els Pace 6 of 23 02-24-03 • Assessment of threatened bull trout will be limited to potential impacts of site actions on habitat within the site. Upstream sections May Creek will be assessed to the extent such resources have been identified in existing studies. • The City of Renton will provide copies of all studies relating to aquatic use of the shoreline. • Future use or alternations of DNR owned uplands, will be based on consultation with the DNR aquatics leasing department land use policies for shoreline property. • A Biological Assessment and coordination with state and federal agencies on permit applications is not included in this scope. • One (1) reconnaissance level field visit will be made to the site by one (1) wetland specialist (1) wildlife specialist and (1) aquatic species specialist. • The impacts of stormwater management, water quality, and stream buffer areas on aquatic resources will be based on a comparative analysis of features of the proposal with evaluation standards contained in the Tri-County Salmon Conservation Coalition - 2002, Biological Review Tri-County Model 4(d) Rule Response Proposal, and King County Endangered Species Act Policy Coordination Office - April 19, 2002. Della crables • Draft EIS Wildlife and Fish section. • Response to comments for FEIS. 3.3 1 'sate rxa _aI s, I:Iydrnlogl; .F/oodlsl zms, Grourid arer �md Water Qualrr_s Goal Provide analyses of affected environment, potential impacts, and mitigation development for May Creek, Lake Washington, and other water bodies identified on and near the site. These analyses will provide a basis for analysis of impacts on fish and wildlife, aquatic resources, and endangered species and provide a qualitative evaluation of proposed options for enhancing the existing May Creek on and adjacent to the project site. The build alternative will need to conform to criteria specified in the City of Renton Addendum to the King County Surface Water Design Manual (KCSWDM) and meet all requirements of the RMC and other applicable regulations. 1CaterH ar-s, Rutiofl%Dmins.�,rre, .Floodpl.un.s This section of the DEIS will include a discussion of existing drainage patterns and runoff rates for the site and May Creek hydrology and floodplains. Parametrix will prepare this section based on review of existing data, field investigation, and review of existing technical studies. Impacts from the project build alternative will focus on stormwater impacts of development, water quality impacts of runoff and potential sedimentation impacts on May Creek and Lake Washington. The May Creek floodplain will be mapped using hydraulic and slope models. The model will be used to evaluate channel and delta stability, sediment transport, and floodplain limits that may result from changes or cessession of dredging operations. A. ffecied.F'rr�iranrne�nt Parametrix will summarize relevant existing stream locations and physical characteristics, past channel alterations, existing flood conditions, existing storm drainage facilities, and water quality information based on existing information provided in FEMA , Department of Ecology, King County, City of Renton, and other relevant studies. Analysis will address: RLNTUIV BARBEE IMIL . F_IS \VORK PROGRAINI PAGE 1 OF 23 02-24-03 • Surface water characteristics. • Surface water locations and typing, water quality classifications, Clean Water Act listing status, WRIA plans, or other identified management strategies. • F000dplain boundaries, floodway capacity, existing obstructions and past channel dredging. • Existing stormwater outfall and impervious surface area. • Relationship of surface water to wetlands identified in Task 1.2.4. • Relationship of surface water to geologic setting, soils class, and characteristics identified in Task 1.2.1. Jngmcts Analysis Parametrix will describe potential long-term impacts on surface water resources, including the stormwater conveyance system, potential impacts on streams and Lake Washington, and potential flooding from the one (1) build alternative. The EIS impacts section will summarize the results to compare the build alternative with No Action. Specific impacts considered will include: • Hydrologic and water quality impacts from stormwater runoff, including typical runoff pollutants. • Flooding impacts of May Creek, assuming a "conservative case" discontinuation of dredging and formation of a natural delta. The May Creek floodplain of will be mapped using hydraulic and slope models, which will be used to evaluate channel and delta stability, sediment transport, and floodplain limits that may result from discontinuation of dredging operations. Peak discharges and flood hydrographs at a. single location will be generated utilizing floodplain volumes from the May Creek floodplain study for the 1 % frequency event. • Increase in frequency or severity of flooding from project runoff. • Displacement of floodplain storage. • Potential impacts on wetlands. i.Trol. t7(:II1 39fer Af i:.cted-En T-irorvnevi Groundwater conditions on site, and in the vicinity will be assessed, based on existing studies. Groundwater contaminant sources and levels will be identified based on the IRAP for the site, and existing information for adjacent sites. Groundwater levels, flow, estimated volumes, and water quality will be assessed based on existing studies. Potential recharge to on -site wetlands will be assessed. Lnpacts Analysis Parametrix will provide a qualitative description of potential term impacts on ground water resources, including: • Interception of runoff by the stormwater conveyance system. • Potential infiltration by stormwater facilities. • Potential changes in the amount, direction or quality of groundwater flows. • Potential impacts of interflow on Lake Washington, May Creek and wetland recharge. W.itcr Qu aliry Af{etxed Zinvrronmc•.nt Parametrix will identify existing water quality conditions in lower May Creek, from the Lake Washington Blvd. crossing, and Lake Washington adjacent to the site, based on existing studies and surveys. Existing surface water sources of contamination will include existing storm water discharges, as documented in City of Renton RLNTUN BARBEE MILL FIS WORK PROGRAM PAGE 8 or 23 02-24-03 records, existing contribution of contaminants from the site, and adjacent sites as documented in MTCA related studies for the site and adjacent properties, spill data (historical record of major spills, locations, extent, etc.), and stream erosion/sedimentation as documented in existing studies. Analysis will address: • Surface water quality conditions. • Water quality classifications. • Surface water sources of contamination. • Clean Water Act listing status. • WRIA plans, and other identified management strategies. ImpactsAnl d sis Parametrix will describe potential long-term impacts on surface water resources, including the stormwater conveyance system, potential impacts on streams, and potential water quality impacts from the one (1) build alternative, as well as temporary construction -related water quality impacts. The EIS impacts section will summarize the results to compare the build alternative with No Action. Specific impacts considered will include: • Typical runoff pollutants. • Impacts to water quality. • Effectiveness of proposed runoff treatment, based on parameters in existing literature, which can be reasonably applied to the site and the proposal, or standards of the jurisdiction. • Maintenance activity impacts. • Water quality components that will be used to evaluate potential impacts on wetlands, terrestrial, and aquatic species (these will be assessed in the Plants and Animals sections). Construction impacts will include assessment of • Erosion and sedimentation potential associated with clearing and grading. • Potential impacts to surface water associated with project staging areas (non -sediment pollutants, hazardous materials storage, etc.). Mini ,> iion t«t [t atcriv:tys, .Hti clrr�tr� r1; Flo<arfj�larrr , lsrr�zrrxdsvatcx :urcl Il'<ttct iu:rlity The mitigation section of the DEIS will summarize BMPs incorporated in the build alternative, BMPs required as part of engineering and other standards of the jurisdictions surface water management standards, and Construction impact mitigation will include: • Qualitative summary of construction BMPs for erosion and sediment control based on the Ecology 2001 Manual. • Evaluation of mitigation and BMPs will be limited to the areas within the project limits. Operational impact mitigation will include: • Floodplain mitigation, including removal of obstructions, increase in flood conveyance (both floodway and floodplanin) and other measures which can be incorporated on -site. • Floodplain mitigation for the May Creek basin which may be referenced in existing plans, which would impact the need for conveyance and other measures on -site. IRF\TON DARBE \TILLrl$ W(_)RK PRO(;RA:N1 PA(A-_ 1 of 23 02-24-03 • Water quality/quantity BMPs proposed for runoff control and stormwater management requirements (i.e., Puget Sound Stormwater Management Manual, City of Renton and King County Surface Water Design Manuals and RMC). • Spill control BMPs. • BMPs and other measures to protect or enhance groundwater, including measures which may be included in the IRAP. • Means of committing to the mitigation measures. Additional 1-1-7.5 Amilvs s Comments received on the Draft EIS will require additional analysis. For budgeting purposes, this is assumed to be 10 percent of the DEIS effort. ,,;-,g fr7PtiO-"S The scope and budget for the Affected Environment section of the DEIS assumes the following: • Analysis will be based on one (1) build alternative. • No subbasins or drainage areas will be modified from existing delineations. • The site is not within the Aquifer Recharge Zone as shown on City of Renton Critical Areas maps. • New areas of impervious surface and pollutant generating impervious surface within the project limits for the one (1) build alternative will be provided by existing plans and technical reports. Recalculation of impervious area will not be performed. • The City of Renton will provide maps of drainage basins, storm and storm drainage facilities, and known hydrologic and groundwater information for the site and upstream tributaries. • The City of Renton will provide all existing water quality and other studies for May Creek and the existing drainage systems within the project area and identify all deficiencies. • The applicant will provide all existing plans, studies and descriptions of surface water conveyance, treatment and other facilities within the project area and identify known deficiencies. • Existing literature will be used to characterize pollutants in runoff. • No sampling will be conducted. • The City of Renton will identify the existing typical water quality treatment BMPs required of development projects within the city. • Existing stormwater conveyances are presumed to generally be adequate for the amount of new impervious surface added by the proposal. • Stream hydrology and capacity, as documented in existing technical reports, will not be exceeded with stormwater facilities incorporated in the project plans proposing direct discharge to Lake Washington. • Existing technical studies and plans provided by the applicant are complete and accurate (no inaccuracies, misinterpretations of regulations, or errors are present), correct detention volumes proposed, and water quality treatment meet all applicable standards. • Water quality impacts will be evaluated based on analysis of potential pollutants in runoff generated within the project boundaries. • The impacts of stormwater management, water quality, and stream buffer areas on aquatic resources will be based on a comparative analysis of features of the proposal with evaluation standards contained in the Tri-County Salmon Conservation Coalition - 2002, Biological Review Tri-County Model 4(d) Rule RENTON BARBEE Miu.. EIS NVORK PROGRAM Pncr 10 ur 23 02-24-03 Response Proposal, and King County Endangered Species Act Policy Coordination Office - April 19, 2002. • FEMA studies and maps will be utilized for flood hydrology and existing floodplain limits. • Flooding impacts of May Creek, assuming a "conservative case" discontinuation of dredging and formation of a natural delta. The assessment of flooding will include FEMA approved HEC-RAS one dimensional model for peak discharges and flood hydrographs at a single location utilizing FEMA floodplain volumes in the May Creek floodplain study for 1% frequency event. Assumptions will include a uniform delta elevation equivalent to the level upstream gradient. Modeling will assume the proposed bridge spans the floodway and includes no structures or fill within the flood plain, except piers. A reasonable assumption for the area of piers will be made. Assumptions for modeling will include one review with Renton Surface Water Utility Engineering staff to establish agreement on parameters. • One (1) reconnaissance -level site visit will be made. If existing information is not adequate, additional studies outside the present scope may be required which may include: • Field analysis of stream carrying capacity, barriers, constriction, bank erosion, and other characteristics. • Hydrau.lic analysis of the capacity of existing open and closed stormwater conveyance systems. • Analysis of the alternatives or modifications for stormwater detention and water quality treatment facilities. I)ehve-mliles • Draft EIS sections for Water Resources. • Response to comments for FEIS. 4.0 HUMAN ENVIRONMENT 43 Iterz lu�rtari��r.�..3rrllysls G(ml The transportation analysis will address impacts of the proposal to the local traffic circulation system. Approach Parametrix will prepare this analysis in accordance with City of Renton Municipal Code (RMC) Section 4-6-070 and 4-9-070 authorizing the identification of transportation impacts and identification of appropriate mitigating measures and requirements for disclosure of environmental impacts by the State Environmental Policy Act (SEPA). Th,d7ic Forecasting? :tfedzodol g I' Traffic forecasts for this study will be developed using the City of Renton EMME/2-based travel demand model for the impact year specified by the city (presumed to be 2005-07) with adjustmentsto add specific local projects as based on existing traffic studies supplied by the city, which may include . the Labrador Subdivision, The Bluffs, Tamaron Point, and Southport. stmlyArea The study area for developing traffic forecasts is generally defined as the area where trip generation from the proposal adds trips to the street system such that an impact to operation, safety, or non -vehicular circulation may occur. The trip distribution through the City of Newcastle, is included, specifically the use of Lake Washington Blvd. and other routes for trips bypassing freeway congestion. For the purpose of this scope and budget, this area is defined as the area bounded by Lake Washington Blvd SE/SE 60`h Street to the north, I- Rr_-wN BAR131-E- (MILL EIS NYORh PROGRAM PAGE 11 or 23 02-24-03 405/Lake Washington Blvd to the west, and the approximate alignment of 27" Street N to the to the south with additional area of qualitative description of potential bypass routes through the City of Newcastle.. This scope is based on analysis of the following intersections, in accordance with the December 10, 2002 memo fron Nick Afzah, Renton Transportation Systems, and the scoping determination: • Lake Washington Blvd/SE 601h Street (Impacts on Newcastle) • Lake Washington Blvd/SE 64" Street (Impacts on Newcastle) • Lake Washington Blvd/SE 44" PI • Lake Washington Blvd/Ripley Lane • Ripley Lane/project north driveway • Lake Washington Blvd/project south driveway • Lake Washington Blvd/N 361i Street • Lake Washington Blvd/N 30" Street • Lake Washington Blvd/ Burnett Ave N (at approx the extended alignment of 27`h Street N) • 1405 ramps at Lake Washington Blvd./SE 44'h PI • I-405 ramps at 30"' Street f''rrtrlre.l3aseline Street Verlro.rk Future year traffic forecasts will be completed for full occupancy of the proposed development (to be determined in consultation with Renton Staff, presumed to be 2005-07). Specific projects in the vicinity such as the Labrador Subdivision, The Bluffs, Tamaron Point, and Southport may be added to the EMME2 baselines. The network for the opening year would include all funded transportation improvements projected identified in the City's 6-year Transportation Improvement Program (TIP). The analysis will assume no traffic signals will exist by the baseline year 2005-07 at 4411 Street/I-405 ramps. Signalizadon will be analyzed as a mitigating measure. Affected Emdr'onnWut The most complete data year available (presumed to be 2002) will be utilized to characterize existing conditions in traffic level of service and delay, traffic accidents and safety, access management, pedestrian facility design, and transit. A complete inventory of transportation facility characteristics within the study area will be summarized in this section. Irup.actAvalrsis The traffic impact analysis will address level of service for the PM peak hour as the most congested period for study area. Project 7iip Genenition The impact analysis will include development of trip generation estimates using appropriate Institute of Traffic Engineers (ITE) surveys and local information. A mode split analysis will be utilized to determine whether transit use or other modes may reduce trip generation as compared to ITE rates. Trip generation for the No -Action Alternative consisting of development of the site under existing zoning will be derived using Institute of Traffic Engineers trip generation tables for the appropriate use. The No -Action Alternative development trip generation shall be compared to the trip generation of the project for informative purposes, but would not be included in level of service analysis for the No -Action Alternative. RENTUN BARUGF M]LL EIS WORK PRUC:R-M PAC;F_ 12 oi= 23 02-24-03 Level ofScrvice Level of service (LOS) analysis will be performed for intersections and representative road segments using the Synchro traffic operations analysis software based on the Highway Capacity 1\1anual (HCM) 2000 methodologies. Three LOS cases will be run: • Current traffic = base year = 2002 volumes (PM peak hour) • Opening year (2005-07)) No Build forecast (PM peak hour) • Opening year impacts with the trip generation from the proposal 1-40 Impacts The impacts on 405 operations at the ramps at 44"' Place/Lake Washington Blvd. and at N 30" Street will be analyzed using Highway Capacity Manual analysis of ramp merges and other relevant methodologies specified by WSDOT. litigation will include the extent to which planned I-405 improvements may mitigate impacts in the future. Site Access Site access involves two proposed public street crossings of the BNSF railroad line. Access issues include appropriate design criteria of the access to meet BNSF and \X/UTC standards, safety issues related to vehicle train conflicts, and emergency vehicle access. Emergency vehicle access is especially a concern if a train/vehicle accident leads to blockage of both project access points, which is possible, given train stopping distances and the distance between access points. Evaluation must also consider the potential for higher future rail use on the line if BNSF finds that market and rail traffic justify us of this route as a second mainline between Snohomish and Auburn/Tacoma. Hazards associated with at -grade railroad crossings will be evaluated based on specific site conditions and existing literature including FHWA Report, Highway/Rail Crossing Technical Working Group Report, November 2002, "Guidance on Traffic Control Devices at Highway -Rail Grade Crossings", W`UTC accident reports compiled under WAC 480-62-080 as well as coordination with Ahmer Nizam of W`UTC and Mike Cowles of BNSF. In addition to the rail crossing, safety and capacity concerns at the intersections with Lake Washington Blvd. and Hazelwood Lane will be addressed. TrafiicAccidents and Safeti-Ansdysis Accident characteristics and patterns will be analyzed for the roadways in the analysis area. Accident rate comparisons will be made with region -wide and/or statewide accident rates for routes in the same functional class and for any available "comparable route" case study data. High -Accident Locations (HAL), High - Accident Corridors (HAC), and Pedestrian Accident Locations (PAL) will be addressed. Impacts on Adjacent.Jurisdictions Impacts on the City of Newcastle, to the northeast of the site will be assessed through: a) An assessment of trip origins and destinations within Newcastle based on an EMME2 select link distribution query; b) Trips routed through Newcastle will be assessed quantitatively through description of the project traffic volumes on specific road network links, and assessed qualitatively in terms of the proportion of project trips as related to the total trips. c) Trips bypassing I-405 through Bellevue and Newcastle will be assessed qualitatively in terms of project trips which may be diverted to local streets: RENTON BARBEE tvlltt FIS WORK PROGRAM PACE 13 OF 23 02-24-03 • Expected congestion levels on 1-405, as compared to projected congestion on alternate routes and potential factors affecting the decision to divert to local streets; • Relative travel time comparisons between elements of the freeway network and local streets based on the length of the route and number of stop or signalized intersections (LOS and formal trip length analysis will not be performed); • Alternate routes considered include: 1. I-405 to Coal Creek Parkway/66,h Pl SE/Lake Washington Blvd. 2. I-405 to Coal Creek Parkway/SE 891h PI/Monterey PI NE/ NE 44,h Street/Lake Washington Blvd. 3. I-405 to 52nd Street/Lake Washington Blvd 4. 1-90 to Lakemont Blvd/Coal Creek Newcastle Road/SE 66,h Place to Lake Washinton Blvd (to be considered only if total trips with destinations in the Issaquah area exceed 20 trips); ,?4'0n-A1010ri7ed F.7ci7iti Lnpacts andRelationslujp to Transit The character of existing non -motorized facilities (pedestrian, bicycle and transit) in the study area will be described. Alternatives to improve pedestrian access and safety will be developed. Improvements to enhance pedestrian facility connections to transit facilities will also be explored as mitigating measures. A11tigatang Afe'asures Mitigating measures will be identified for impacts. The proportional contribution of the proposal to total traffic and growth in traffic on specific roadway links will be identified. Specific intersection and roadway improvements needed to mitigate impacts of traffic generation will be identified based on a specific LOS threshold standard specified by city staff. Warrants for traffic signals will be analyzed, where LOS analysis indicates a need may exist. Mitigation for trip generation will include Transportion Demand Management options for mode split, peak spreading and other mechanisms. Discussion of this element will include regional factors such as development of HOV and transit facilities, and future land use patterns likely to affect mode choice at the residential origin. The potential for incorporating features in the proposal which may encourage use of alternate modes will be identified, including safe and convenient pedestrian circulation and access to transit stops, widened shoulders, or other facilities for bicycles, and connections with existing and planned recreation trails, commercial and other destinations. Mitigating measures to address potential impacts on safety, pedestrians and other impact will be assessed, including mitigation for crossings of the railroad. Fitral.PlS Comments received on the Draft EIS will require specific responses. Revision to DEIS text is not anticipated, except for minor revisions for clarification. For budgeting purposes, this is assumed to be 10 percent of the DEIS budget. Assumptions RLNTUN BARBEE MILL LIS WORK PRUC;RAM PA(A__ 14 of 23 02-24-03 For baseline 2005-07 traffic growth, the City of Renton EMME/2 model will be used with possible additions to include specific recently approved projects in the vicinity, such as the Labrador Subdivision, The Bluffs, Tamaron Point, and Southport. The City will provide traffic reports for projects as well as the I-405/NE 44'h Street Interchange Project Transportation Discipline Report Qune 2001) and other existing transportation reports in the vicinity. • Existing 2002 base -year traffic counts on all roadways modeled will be available from the HDR project traffic impact analysis and local jurisdictions, including intersection turn movements. No traffic counts will be conducted. • The 2005-07 baseline future year transportation network will consist of all fully funded transportation capacity improvements as provided by the City of Renton. • The No -Action alternative development analysis shall include only trip generation that will be compared to the trip generation of the project for comparative purposes, but not subject to operational analysis. • One (1) meeting with Renton transportation staff, and one (1) meeting with WSDOT staff will be required. Deliverables • Transportation section for the DEIS. • Response to comments for Final EIS. 4.2 Id.zz.zrch�us .: €1 <zterrrtLs Goal The site is known to contain contaminated soils, primarily arsenic and zinc. An Independent Remedial Action Plan (IRAP) has been prepared for the site pursuant to the Model Toxics Control Act (MTCA) and approved by the Washington State Department of Ecology (Ecology) and the City of Renton, involving removal of an estimated 21,500 cubic yards of soil from the site. Approach The analysis will rely on the September 2000 remedial action plan, including the cleanup levels established to protect human health and the environment.. This plan is designed to bring soil conditions to residential standards. Potential impacts from contamination on the adjacent Quendall Terminals site will also be evaluated. Affected J-nviT0t7 n7C131 The EIS text will summarize the existing standards for remediation to residential standards, based on Ecology's existing literature, specifically the scientific basis for exposure standards and scientific uncertainty inherent in the standards and Ecology's method for assessment of long-term risk to residents on sites. Specific reference will be made to provisions of the Ecology -approved cleanup plan, including the locations and depths of soil removal, methods for confirmation sampling, and protection of human health and the environment with respect to the proposed development scenario. Site investigation reports will also be reviewed regarding the current status of confirmed groundwater contamination and suspected surface water contamination, as indicated in the current Ecology database for the site. Itzzpmcts Assessment of impacts will include a qualitative assessment of any confounding factors which may affect the ability to meet the goals of the IRAP. Residual risk to future residents on -site from on -site materials proposed to not be removed, or isolated will be assessed based in existing literature. The existence of contaminants from other sites, and potential exposure to residents on site will be assessed based on existing studies under two RENTON BARBEE Muni F.1$ WORK PROGRAA1 PAGE 15 of 23 02-24-03 scenarios 1) the scenario of implementation of cleanup of those sites, and 2) delay of cleanup of adjacent sites until after this site is developed and occupied with resulting continued presence of contaminants. Timing and extent of disturbance off the site required for cleanup will be discussed as it relates to other infrastructure required for project development, in relation to future use of the DNR owned shoreline, as well as the relationship to rehabilitation of the stream corridor and shoreline bulkheads, or other options for shoreline enhancement. .Yfi£ir atrr:rn Mitigating measures will include an assessment of alternative cleanup levels not contained in existing standards, based on USEPA criteria for selection of alternative cleanup methodologies. I'in:11 IS Comments received on the Draft EIS will require additional analysis and some individual responses. For budgeting purposes, this is assumed to be 15 percent of the DEIS budget. Assumption. 5 • Analysis will be based on one (1) build alternative. • Existing scientific studies applicable to development of standards and applicable to this site, including the IRAP for this site, and available studies for adjacent sites will be used as the primary basis for analysis. • One (1) reconnaissance level field visit will be made to the site by one (1) hazardous materials specialist. • No sampling will be performed, on or off -site. Dclive-r.ible • Hazardous Materials section for the Draft EIS. • Response to comments and revised section for Final EIS. 4.3 Ic stltetics, ..L;r >ftt axxcl Gla.t-e Goal The objective of the Aesthetics, Light and Glare task is to identify existing aesthetic and scenic resources and evaluate visual and aesthetic impacts of the proposal and potential mitigation, as appropriate. Aesthetics/Visual Quality Affected En i4.roi7nwnt Parametrix will collect and review pertinent documents that define the visual quality and aesthetic issues related to the proposed build alternatives. These reports include Land Use Regulations and Policies; local comprehensive plans and policies; and open space, pedestrian/bicycle routes, and recreation plans. Collected information will be confirmed by site reconnaissance and information gathered at the scoping meeting. ViCT3Jtair7t Ideotifirrtion Viewpoints from different landscape units will be defined by topography and differences in the land use and urban design context as defined by comprehensive plan policies or zoning regulations, as well as identifiable design characteristics of existing development. Significant visual features and landmarks within each landscape unit will be located and the intrinsic qualities that characterize each landscape unit will be described in text form. Specific resources to be defined include: RF.NTON BAKBEF MILL EIS W(-)RxPRocRAM PAGE I6 OF 23 02-24-03 • Character of existing development, including topography, vegetation, land -use patterns, community identity (aesthetics and image), neighborhood boundaries and edges, building scale and massing, building/open- space texture. • Street grid, development texture, and open -space patterns. • Parks, pedestrian/bicycle routes, and other recreation areas. Typical viewpoints will be identified and mapped within each landscape unit from existing plans and policies, site reconnaissance, and through the public scoping process. The selected key viewpoints will become the views to be used to describe existing conditions in the comparison of impacts between the existing conditions, the build alternative, and the No -Action Alternative. Potential resident and transient viewer groups will be identified. Viewer groups could include: • Residents within the area to the north and east of the site. Where possible, views will be selected from public rights -of -way or other public sites that approximate the views from residences. • Residents to the south of the site, along Lake Washington. These views will be selected from near -shore Lake Washington views that approximate the views from residences. • More distant views from the east, including I-405, the West Hill in unincorporated King County,. • Viewers traversing Lake Washington Blvd. adjacent to the site, including views from the curve traveling west from the I-405 interchange and views northbound from south of the site. • Views from parks and public open space, including Clarke Beach Park in Mercer Island. Lnzl.mc-t: Evaluation of impacts will include a qualitative description of the appearance of the existing site and proposed facilities as viewed from representative key viewpoints. Visual simulations will be prepared using photos of the site. Simulations are proposed for a "conservative case" which would include removal of existing buildings and depiction of the gross bulk of structures allowed on proposed lots, based on City of Renton zoning standards, and any specific commitments to height and bulk contained in the preliminary plat application. The analysis will include an objective descriptors of attributes (such as form, line, color and texture) and provide a qualitative evaluation in terms of relationships between elements of the visual environment in terms of dominance, scale, diversity and continuity. Viewer response to the visual environment will be described in terms of viewing populations and visual quality descriptors such as vividness/interest and intactness/coherence/unity. Evaluation of the change from the existing industrial development of the site to the proposed residential plat will focus on intensity, scale and building bulk. Evaluation of compatibility with existing development in the vicinity will be evaluated in terms of bulk, height, scale, design, landscape and vegetation character as it relates to the character of existing development. 14rtigation To develop mitigation, Parametrix will identify mitigation concepts that reduce the impacts to the visual and aesthetic resources of each landscape unit and enhance the visual characteristics of the build alternatives. Potential mitigation measures to be considered could include concepts that alter the building mass; screen views of the project (topographic and vegetation screening); or integration of the project into the surrounding landscape through use of materials and color, structure, design scale and massing, or slope gradient alteration. REN-roi\, BARBEE MILL EIS WORK PROGRAINI PAGE 17 or- 23 02-24-03 f igbt ,4.nd Glue Af ,ctodIFY)viroumcfit The existing lighting and glare from the site, and its visibility, intensity, and dominance will be assessed for existing viewers, which generally will be coordinated with the viewpoints selected for visual simulations. Irrrpacts Impacts will describe likely light and glare sources on the site, including standard street lighting, and assess impacts on potential viewers. This analysis will be integrated with the Aesthetics/Visual Quality analysis to provide a perspective of nighttime visual impacts. Visual simulations -,vill not be prepared for this component of the analysis. Final 8IS Comments received on the Draft EIS will require specific responses. Revision to DEIS text is not anticipated, except for minor revisions for clarification. For budgeting purposes, this is assumed to be 10 percent of the DEIS budget. As.strrnptit) ns • Analysis will be based on one (1) build alternative. • Analysis of the No -Action Alternative will include qualitative comparison of probable visual and light/glare impacts based on the character of existing industrial buildings and the building bulk allowed by existing zoning standards and landscaping and other features required by codes. • Photo simulations will be prepared based on black and white photos of existing views, are anticipated to include a single view on an 81/2 x 11 sheet and will not exceed five (S) views. • A preliminary screening of potential viewpoints will be developed, reviewed and approved by City staff prior to preparation of visual simulations. • Depictions of gross bulk of structures will be based on height, building coverage, and setbacks required by City of Renton zoning standards and specific commitments to height and bulk contained in the preliminary plat application. Building depiction will consist of boxes rendered in a neutral gray. A list of criteria and a single view depiction will be reviewed and approved by City staff prior to completion of additional other simulations. Analysis of visual quality will be qualitative and will generally follow criteria in Blair, 1982, Substation Visual Simulation Techniques, and FHWA, 1981, Visual Impact Assessment for Highway Projects. Delivetables • Visual Quality/Light and Glare section for the Draft EIS. • Response to comments for Final EIS. 4.4 t ""')L c, Gora.1 This element of the scope will assess noise impacts associated with construction, impacts of noise from the adjacent railroad on the residential use of the site, noise from use of the site, and noise associated with increased traffic volumes related to regional growth, and the proposal. Approach Parametrix will prepare an EIS noise section analysis using typical noise levels generated by construction, and rail use. Affected Lrnvironment RLNTON BARBEL MILL_ L-1S WORK PROGRAM PAGE. i S or 23 02-24-03 The EIS text will summarize noise level in the project area and identify sensitive receptorswith a particular focus on the rail line adjacent to the site. Description of existing noise levels will include characterization of human response to noise levels based on context and normal activities. fo�trstructi[zn Impacts Construction noise impacts shall be described based on: • Types and locations of equipment likely to be used on the project. • Typical construction equipment noise levels and duration. • Typical means of reducing construction noise. • Local ordinances relating to construction noise. • Land uses or activities, which may be affected by construction noise. Construction timing and phasing shall be discussed and the potential need for variances assessed. ,Rail Impacts Potential noise impacts from the rail line will be assessed based on typcical railroad carriage -to -rail noise, whistle noise, engine noise and other typical rail related noise based on existing studies and accepted industry standard tables. Carriage noise will be based on operating speeds as determined in coordination with BNSFRR personnel. The frequency of rail use will be based on current experience, and also the potential for higher use of the line in the future. Tr:arsportation Impacts Noise impacts from traffic related to the project will be derived from the magnitude of traffic increases from the baseline, and the project based on the traffic/volume noise increase relationship of 3dbA noise increase for a doubling of traffic volumes. The increase attributed to both the background increase and increases in traffic from the proposal will be assessed. Impacts will be compared with projected noise levels from existing sources in the area, including noise from I-405. blitigatiott: CAmstraction and Operation Mitigating measures for potential construction impacts will include limits on hours of construction, staging, equipment used, barriers, and other feasible measures. Traffic noise abatement measures will be evaluated, in accordance with the standards established by FHWA and WSDOT, as reference points for establishing levels where traffic noise impacts are predicted to "approach or exceed standards" or be a "substantial increase." The proposal does not include roadway improvements utilizing federal funding; therefore, these FHWA and WSDOT standards provide a reference rather than indicating mitigation requirements. Unavoidable adverse impacts shall include impacts identified for which mitigating measures are not identified, or which cannot be assured to be fully mitigated to meet applicable standards. FZoaI ,EI S Comments received on the Draft EIS will require specific responses. Revision to DEIS text is not anticipated, except for minor revisions for clarification. For budgeting purposes, this is assumed to be 10 percent of the DEIS budget. Assumptions • Analysis will be based on one (1) build alternative. Deliverables RENTON BAR138L- MILL EIS WORK PRocRami PAGr, 19 oi= 23 02-24-03 r • Noise section for the Draft EIS. • Response to comments for Final EIS. 4,5 kEkistc>ric "1.10 t;zzltvn1j Rcsourc-c s A}lected £r:virorunerrr Cultural resources consisting of archaeological resources as defined in RCW 27.53.040 will be assessed based on existing information at the State Office of Archaeology and Historic Preservation, the King County Cultural Resources Division, the University of Washington Library, the Renton Museum, and the Puget Sound Regional Repository of the Washington State Archives. Consultation with tribes will include solicitation of comments and review of any information provided. Impacts Impact assessment will depend on the identification of cultural resources. The lowering of Lake Washington elevation in 1910 and the subsequent fill of the site for development renders the probability of pre -settlement resources extremely low. The potential loss of structures on the site with cultural, architectural or engineering value will be assessed in regard to the presence of similar structures in the region. �tlirigadon Mitigation, if cultural resources are found, may include avoidance, but is most likely to include excavation and conservation. Fi11311 ;1,5 Comments received on the Draft EIS will require specific responses. Revision to DEIS text is not anticipated, except for minor revisions for clarification. For budgeting purposes, this is assumed to be 10 percent of the DEIS budget. Asstunptior3s • Analysis will be based on one (1) build alternative. • The State Historical Preservation office will be contacted by .letter with phone follow-up to solicit existing information on cultural resources on -site. • Tribal cultural information will be solicited by letter. • One (1) field visit will be made to the site De.liveral)les • Cultural Resource section for the Draft EIS. • Response to comments for Final EIS. _5,0 L)I,'IS 11rcj)arrttion Goa1 Prepare an adequate and complete Draft Environmental Impacts Statement addressing the effects of the proposal and No -Action Alternative. Approach PDLYS Preparation Parametrix will prepare a Preliminary Draft EIS (PDEIS) following SEPA Guidelines, WAC 197-11, and City of Renton procedures for review by the City of Renton and respond to comments to prepare a Draft EIS (DEIS) for publication. Rr_N�i-em BARBrE NLu_ EIS WORK PROC:R,-'JNI P.ece 20 OF 23 02-24-03 The PDEIS is expected to include the following chapters or sections (subject to revision): • Cover and Fact Sheets. • Summary, including tables comparing alternatives. • Alternatives, Including the Proposed Action. • Affected Environment, Impacts, and Mitigation Measures. • Appendices, including list of preparers, distribution list, glossary, index, and other technical backup. Technical studies will be prepared for • Plants and Animals: Shoreline and Wetland Habitat for Terrestrial and Aquatic Species • Waterways, Hydrology, Floodplains, Groundwater and Water Quality • Transportation • Hazardous Materials • Aesthetics, Light and Glare • Professional editing will be conducted on the PDEIS. Ten (10) copies of the PDEIS will be provided for review by project lead and cooperating agencies. Assurnptiruis • Analysis will be based on one (1) build alternative. • Analysis of the No -Action Alternative will include order of magnitude comparisons of impact based on quantifiable differences resulting from one example of other allowed uses, which could be developed on the site. • The applicant will provide Parametrix with two paper copies and one electronic copy of all technical reports and plans prepared for the proposal within one week after the Notice to Proceed. All graphics in reports shall be provided in electronic format, as specified below. The applicant will arrange the availability of consultants who provided technical reports to answer questions about the technical assumptions underlying their reports and shall respond to questions within five (5) working days. • The City of Renton will provide one copy of all existing information in their possession concerning the site and proposal including, but not limited to, correspondence and analysis of the proposal; existing Renton EMME/2 model parameters; existing and future planned road lane and intersection configurations within the transportation analysis area; and all utility location, sizing, and capacity information for facilities affected by the proposal, including plans and specifications, Critical Area Designations, Maps and Studies, existing Watershed and Wildlife Studies of May Creek, Capital Improvement Programs, and Transportation Improvement Programs within one week after the Notice to Proceed. • All site and building utility plans, and other related maps will be provided in original size and format either AutoCAD Map Release 2000 drawing files along with CTB file (pen assignment file) or GIS Arch Info by the applicant or City of Renton. Graphics shall be provided in original size, 81 /2 x 11 format (PDF, JPG. TIF, PageMaker, Freehand) by the applicant or City of Renton. The applicant will generate LDD (Land Development)/CAD cross sections of the site existing and proposed topography at locations specified by Parametrix to be used in developing shoreline/aquatic lands cross sections. Except where specific graphic products are specified to be provided in the scope above, all other graphics will be as provided by the applicant and city and will be published without further graphic manipulation beyond formatting to fit the page style of the document. Additional graphics, if required, shall be a separate billable task. RE\TO\ BARBEE 1VIII.i. FIS WORK PROGR-il NI PAGi-21 OF 23 02-24-03 • Parametrix staff will perform one (1) reconnaissance level site visit, not to exceed four (4) hours. The applicant will make project management personnel and consultants who prepared technical reports for the applicant available for the reconnaissance field visit to provide orientation to the site and answer questions about the technical assumptions underlying their reports. City of Renton staff will be notified of the date and time of site visits and may attend. • Communication with City staff on assumptions for various studies, including, but not limited to No - Action Alternative, floodplain modeling parameters, traffic generation, transportation network, will generally be electronically transmitted with email transmittal of city comments. • The schedule presumes that all City reviews for coordination on assumptions require no more than two (2) working days, except as provided for the PDEIS. • Parametrix will deliver ten (10) review copies of the Preliminary Draft EIS to the City for distribution to City staff and cooperating agencies. • The City will provide a single contact person for review of the Preliminary Draft EIS. The City shall reconcile and compile all review comments into a single hard copy or electronic copy. The second review by the City will address only whether previous comments are responded to adequately. No new issues will be raised at the second review. • Two (2) rounds of review and revision of the Preliminary Draft EIS are assumed with initial City comments transmitted within 5 working days, Parametrix response/revision submitted within 5 working days, second round of City staff comments transmitted within 5 working days, and final revisions by Parametrix within 5 working days. • If Parametix identifies a potential development alternative as a combination of mitigating measures, and the City directs incorporation into the Draft EIS, an additional 15 working days will be incorporated into the schedule for revision and reformatting of the mitigation section of the document. A site plan to illustrate the alternative shall be based on CADD drawings for the existing site plan. • All final documents will be provided in an electronic MS Word document and camera-ready hard copy format. • Printing will be billed directly as a separate item by the City of Renton to the private applicant. • Distribution and legal notice of the DEIS will be provided by the City of Renton. • A PDF format version of the DEIS for CD-ROM or web posting will not be prepared. • Up to two (2) Parametrix staff persons will attend one (1) public hearing on the Draft EIS. Delzverahlcs • Preliminary Draft EIS (15 Copies). • Draft EIS camera ready for printing. 6. t`% Goal Prepare adequate and complete Final Environmental Impact Statement. Approach Response to Comments All comments received on the DEIS must have a response in the FEIS. General responses will be developed to address commonly raised issues. Detailed or unique comments will require individual responses. Comments will be cataloged according to commentor, element of the environment, and status of response. This item RENTON BARBEE MILL EIS WORK PROGRA211 PAGE- 22 or 23 02-24-03 assumes up to fifty (50) substantive comments will be received and some additional technical analysis may be required. FFIS Preymrarron Parametrix will prepare a Preliminary Final EIS (PFEIS). The PFEIS will include response to comments received on the DEIS. The PFEIS will include the elements specified in WAC 197-11-560 (5) for a case where changes in response to comments are minor. Professional editing of the PFEIS will be conducted. FEIS Production Based on comments by City of Renton staff and coordinating agencies, a camera-ready Final EIS (FEIS) will be prepared. Ass zunptions • All DEIS assumptions also apply to the FEIS. • Up to 50 substantive comments (not just letters) will be received. • Limited technical analysis will be required to address comments. For budgeting purposes, approximately 10 percent of the DEIS preparation effort is assumed for response to comments, but does not include additional substantive analysis. This assumption and the effort required to complete the FEIS will be reviewed at the close of the comment period and may require amendment to the scope and budget. • Parametrix will deliver ten (10) review copies to the City for distribution to City staff and cooperating agencies. • The City will reconcile and compile all review comments into a single copy. • The FEIS will be revised based on one (1) round of comments received on the PFEIS. • A camera-ready copy will be prepared for final review and approval signatures. • Printing will be billed directly as a separate item by the City of Renton to the private applicant. Distribution and legal notice of the FEIS will be provided by the City of Renton. DeliI enables • Summary of all comments received on the Draft EIS. • Preliminary Final EIS (15 Copies). • Final EIS, camera-ready for printing. RrNTOtV BARBEE MILL EIS WORK PROGRAIM PAGE 23 of 23 02-24-03 EXHIBIT B TIME SCHEDULE OF COMPLETION PARAMETRIX EXHIBIT B City of Renton Barbee Mill Preliminary Plat EIS Schedule ID Task Name Start Finish February March April May June Julv I August September 2 1 3 4 5 6 7 B 9 1 Renton - Barbee Mill Preliminary Plat Mon 3117/03 Tue 9/2/03 w 3/17 I 3/17 3 17 3/18 118 3/18 %4/381 4/14 i now 3/18 3124 3/25 4n 4/8 4/8 i 4/9 4/14 4/15 - 4128 4/29 - 5/12 5113 5/19 5/20 5/26 3/18 3/24 I 3/25 4n I 418 4/8 419 4/14 . I 415 4128 4/9 JJ= 4/22 4/29 5/12 5/13 5/19 s/zo sns 3/18 3/24. ' j 3/25 %4/15 4/21 2 Task 1 - Program Management (PMX) Mon 3/17/03 Tue 3118103 3 1.1 Project Start -Up (PMX) Mon 3/17/03 Mon 3/17/03 4 1.1 Notice to Proceed Mon 3117/03 Mon 3/17103 5 1.2 Project Kick -Off Meeting (PMX) Tue 3/18/03 Tue 3118/03 6 Task 2 - Preliminary Draft EIS Analysis Tue 3/18/03 Mon 5/26103 7 2.1 Description of Alternatives Tue 3/18/03 Mon 4/14/03 8 Description of Alternatives Tue 3/18/03 Mon 3/31/03 9 Clty Review Tue 4/1/03 Mon 4/7/03 10 Finalize Tue 4/8/03 Mon 4/14103 11 2.2 Natural Environment Tue 3118/03 Mon 5/26/03 12 2.2.1 All elements except Floodplain Tue 3/18/03 Mon 5/26/03 13 Receive information from applciant and city Tue 3/18/03 Mon 3124/03 1d Review existing information Tue 3/25/03 Mon ar//03 15 Reconnaissance Level Field Visit Tue 4/8/03 Tue 418/03 16 Confirm Assumptions Wed 419/03 Mon 4/14/03 17 Description of affected environment Tue 4/15/03 Mon 4128/03 18 Analyze impacts Tue 4/29/03 Mon 5/12/03 19 Determine Mitigation measures Tue 5/13/03 Mon 5/19/03 20 Prepare section of PDEIS Tue 5/20/03 Mon 5/26/03 21 2.2.2 Floodplain Tue 3/18/03 Mon 5/26/03 22 Receive information from applicant and city Tue 3/18/03 Mon 3/24/03 23 Review existing information Tue 3/25103 Mon 4r7/03 24 Reconnaissance Level Field Visit Tue 4/8103 Tue 4/8/03 25 Confirm Assumptions Wed 4/9/03 Mon 4/14/03 26 Floodplain Model Tue 4/15103 Mon 4/28103 27 Description of affected environment Wed 4/9103 Tue 4/22/03 28 Assess impacts Tue 4/29/03 Mon 5/12103 29 Identify mitigation measures Tue 5/13/03 Mon 5/19/03 30 Prepare draft section for PDEIS Tue 5/20103 Mon 5126/03 31 2.3 Built Environment (PMX) Tue 3/16/03 Mon 5/26/03 32 2.3.1 Transportation Analysis (PMX) Tue 3118/03 Mon 5/26/03 33 Receive information from applicant and city Tue 3/18/03 Mon 3/24/03 34 Review existing information Tue 3125/03 Mon 4/7/03 35 Field Visit Tue 4/8/03 Tue 4/8/03 36 Confirm Assumptons Wed 4/9/03 Man 4/14/0337 Future Non•Project Baseline Tue 4/15/03 Mon 4/21/03 This schedule assumes authorization to proceed by March 17, 2003. Page 1 Mon 2/24/03 The schedule is subject to roll -back based on later receipt of Notice to Proceed, of materials to be provided by applicant or city, or later dates of completion of city review PARAMETRIX EA. .r B City of Renton Barbee Mill Preliminary Plat EIS Schedule ID Task Name Start I Finish February March Aril I may June Jul August September 2 3 4 15 6 7 18 •_ 9 38 SYNCHRO Setup Tue 4/15/03 Mon 4/21/03 4/1 i 4/1%4/28 i 1 /2 /2 /2 5/5 sn I 5 5/14 5/5 5/26 I 3/18 3 24', 3/25 417 j 418 4/8 4/9 4/14 - 4/15 4/28 4/29 5/12 I 5/13 5/19 � - 5/20 5/26 5/27 612 6/3 6/9 6110 6/16 I 6/17 6/23 6/24 /27 6/30 6130 7/ 7/31 7/ 7/21 7/22 7". ! 8/1 8/7 8/8 8/14 i 8/15 8/21 -8/22 8/26 i 8127 /29 9/1 9/1 9/2 9/2 39 SYNCHRO Baseline Tue 4/15/03 Wed 4123/03 40 Trip Generation and Assignment Thu 4/24/03 Fri 4/25/03 41 Analyze intersection LOS Mon 4/28/03 Fri 5/2/03 d2 Analyze accident characteristics and patter Mon 4128/03 Fri 5/2/03 43 Analyze pedestrian facilities Mon 4/28103 Fri 5/2/03 44 Mitigation Strategy Coordinate with City Mon 515/03 wed 5n/03 45 Mitigation Analysis Thu 5/8/03 Wed 5/14/03 46 Prepare Draft Transportation EIS Section Mon 5/5/03 Mon 5/26/0.3 d7 2.3.2 Other Elements Human Environment Tue 3/18/03 Mon 5/26/03 as Receive information from applicant and city Tue 3/18/03 Mon 3/24/03 49 Review existing information Tue 3/25/03 Mon 4n/03 50 Reconnaissance Level Field Visit Tue 4/8/03 Tue 4/8/03 51 Confirm Assumptions Wed 4/9/03 Mon 4114/03 52 Description of affected environment Tue 4/15/03 Mon 4/28/03 53 Assess impacts Tue 4/29/03 Mon 5/12/03 54 Identify mitigation measures Tue 5/13/03 Mon 5/19/03 .55 Prepare draft section for PDEIS Tue 5/20/03 Mon 5/26103 56 Task 3 DEIS Preparation and City Review Tue 5/27/03 Mon 6/30/03 57 Assemble PDEIS Tue 5/27/03 Mon 612/03 sa Renton Stafff First Review Tue 6/3/03 Mon 6/9/03 59 PMX Response to Renton Review Tue 6/10/03 Mon 6/16/03 60 Final Review Renton Staff Tue 6/17/03 Mon 6/23/03 61 DEIS Final Text Tue 6/24/03 Fri 6/27/03 62 Printing (not included in budget) Mon 6/30/03 Mon 6130/03 63 City of Renton Issued DEIS Tue 7/1/03 Thu 7/31/03 64 DEIS Comment Period Tue 7/1103 Thu 7/31/03 65 Preparation for Public Meeting Tue 7/1/03 Mon 7/21/03 66 Conduct Public Meeting (Assume 1 Meeting) Tue 7/22/03 Tue 7/22/03 67 Task 4 Final EIS (FEIS) Fri 8/1/03 rue 9/2103 68 Summarize Public Comments & Respond Fri 8/1/03 Thu 8n/03 69 Renton Stafff First Review Fri 8/8/03 Thu 8/14/03 70 PMX revision Fri 8/15/03 Thu 8/21/03 71 Final Review Renton Staff Fri 8/22/03 Tue 8/26/03 72 FEIS Final Text Wed 8/27/03 Fri 8/29103 73 Printing (not included in budget) Mon 9/1/03 Mon 9/1/03 74 FEIS Issuance by City of Renton Tue 9/2/03 Tue 912103 This schedule assumes authorization to proceed by March 17, 2003. Page 2 Mon 2/24/03 The schedule is subject to rollback based on later receipt of Notice to Proceed, of materials to be provided by applicant or city, or later dates of completion of city review EXHIBIT C BILLING RATES/BUDGET 12 PARAMETRIX EXHIBV BUDGET Cdy of Renton 554-1779-812 Barbee M n. Plat EIS En, 4I Impact Statement (Time and Mater— , . mt to Exceed Total) 0 PROJECT: City of Renton, Barbee Mill Preliminary Plat v: CLIENT: City of Renton { -+ PMXn ''A Y STAFF 0—S—and ProICC Md 9er Jenmler eaaey ONOC WnksWAI G I'dnd,' Hai Malenah SanOra M.111— Grohydrd Hax Mdl lorry Rdched Foundations Seismic T—Allms Sons Grob th' Willer Jenna 111. Water Rescvrcas Nen 1.0- .1s, Pesourar Lan Casin vedeldlgn V/elMntls Me Grabn Teneeldal NdbUl ecb Plele• /goal K Rgounces Bin L—ip Aoua IK RCsources Caner Donne irdnK Rih Rao iraT MpdeYmg Tress Bin' _ rd Y.ic Analysis John PedK irar5ponafgn tWn Veticdar Aktgalbn Bob FeanYX Ral frpssing S nVlessmd Aeshel�es HistOrk/CUllurall Kal F`—,Kk Nnn, iroh AEe Graphks M, prdepssing TOTAL TOTAL Phase Task, 019 Dsscnipl6n 01 RaI., $37.00 mom Sa9.e5 $2662 $d2.66 $n9.65 $26.62 $3J__ -14 52853 SJ974 $26d9 63533 35d.B0 $2836 Sd6.27 d332 52CM $2600 $2600 $27X 629.00 HOURS COST Project Managemenl 40 4 4 4 4 4 t6 4 80 $2.835.64 OAIOC 32_ 32 $96ODD _ Allernailves _ 8 - ._ _.._ _ 4 -- 4 16 _--- _ $516,00 Soits/Geology 4 8 16 _ 16 4 48 S778j.68 Shoreline Welland Habitat 4 16 35 .__ _ _ ._ 4 4 64 $1,945.32 _ Fisheries 4 32 60 8 4 108 53,341.08 Water. Drainage. Flooding 4 20 90 _ _ a 4 11 _ a 141 $4.288.56 Groundwater 2 12 36 4 8 _ 4 4 94 $3.01568 _ Water Oual0y 2 _ 8 36 _ _ 4 _ 50 Transpodalon 8 _ _ 60 10 140 _ 16 8 8 4 4 258 __$1,547.12 $7.90508 Toxic and H.. Materials 4 12 40 4 _ B 4 4 76 52.349AB Aesthetics. Light & Glare 4 _ 40 36 a 84 $2.209.20 Noise a _ _ _ 16 a 4 28 $788.00 _ Cultural 4 _ _ _ 16 _ 2 22 $595.28 DEIS 40 6 16 10 20 6 12 12 _ _ 32 6 16 6 36 20 50 288 $8.845AO FEIS 36 4 11 2 5 16 3 3 5 5 10 81 1 16 1 2 1 1 6 1 2 1 40 1 d 1 24 199 $6,162.27 OSC Labor Subtotal at Current Salary Rates 168 J2 46 119 18 51 174 31 29 53 53 106 78 1 10 172 18 1 8 68 18 116 99 124 1588 549,073.79 Salary Escalation Estimated % of project completed before next increase 50% Additional Direct Salary Cost from Salary Escalation $1.226,54 Estimated % of next salary increase r 577 1 DSC Labor Subtotal win Salary Escalation 550.300.64 Overhead Rate 185.00% Overhead (OH) Cost = OH Rate It DSC = 593,056.18 Estimaled Profit, Fixed Fee Rate 35AO% Estimated Proli1= Fixed Fee (FF) Cost = FF Rate x DSC = $17,605.22 In -House Expense Item Number UnitCost Unit Direct Cost Markup%" -_ _ Mileage �000 $0.365 mile $365.00 _ - - r a .rt•.' $400.00 _..Pholaopies 4000 $0.10 sheet $a00.00 Check prim, IGO $1.00 $100.00 _- Final Plots $20.00 sheet : etc. Misr,Postage, Shipping, 250 $1.000.00 10% $1.t00.00 Outside Expenses Description Direct Cost Markup% Y? + t�,. Subconsultants 10% to% $1.965.00 Assumes Notice N Pmceetl 6Y March I), 20ot PROJECT TOTAL Not -to -Exceed Amount. The Consultant will bill at its ordinary rates cur ent at the time services are performed. $162.927.03 Prepared Byta?f (Project Manager) Reviewed By Approved By: _ v / (Division Manager) Project Delivery System Renton Barbee REVISED Budget v02-25-02.x1s Davis 9 Silesky March 8, 2003 The Honorable Mayor Jesse Tanner & City Council The City of Renton 1055 S. Grady Way Renton, Washington 98055 Re: Urban Craft Development - NE 41h St. & Olympia Ave NE Dear Mayor & City Council: iMIA i 12 2003 , ECE€VEC7 Urban Crafts is proposing to construct a mixed -use facility on the parcel at the corner of NE 41h St. and Olympia Ave NE in the Renton Highlands. We look forward to constructing this project; however, the amount of utility work required makes most any development on this site financially infeasible. We've had Jaeger Engineering estimate the costs which both Jaeger and our development team feel are in excess of what would be considered fair and technically appropriate for our development. We are asking the City to agree to pay for their appropriate share. Enclosed is a letter from Jaeger Engineering itemizing these costs and the scope of work involved based upon City guidelines & standards. BACKGROUND The subject parcel has been vacant for several years. Many other development proposals on this site have failed because of the unusual amount of utility and street construction anticipated to meet City standards on Olympia Ave NE. Olympia is a City street that does not meet current City standards. This road does not have curbs, sidewalks or a storm sewer system. The sanitary sewer was installed privately and although it fails to meet City standards, the City may own it. In addition, a city water main has not been installed along most of the street. As a consequence most businesses along Olympia are connected to smali private water services. It is our understanding that the City has no plan to improve this substandard situation in the near future. Most other parcels in the area of the subject property have been developed. The project we are proposing does not require the sanitary sewer or water main on Olympia Avenue NE in order to meet code. The existing sewer in NE 41h Street will serve our needs. The water main in NE 4th Street and along our West property line will provide all the water required for our buildings including fire flow. There are four fire hydrants within 150 feet of our building available for use in a fire emergency. The upgraded utilities along Olympia Avenue will serve other property owners along Olympia but will not benefit our project whatsoever. 15600 NE 8t1-1 St Suite B1-173 PHi0NE (42.5) 830-7037 Bellevue, 'AA 98008 REAL `.STATE VESTIVIEN I SEPNICtES, F4vX (.425) 885-7 149 The Honorable Mayor Jesse Tanner & City Council Urban Craft Development - NE 4`" St. & Olympia Ave NE March 8, 2003 Page 2 of 2 In the case of projects similar to ours, the City of Renton development standards require that all needed off -site improvements be constructed on abutting streets. Generally, a proportionality test should be met to determine who is responsible for improvement costs. In this case, there is no portion of the sewer or water services needed for our project. PROPOSAL We propose that the sanitary sewer and water main be constructed in Olympia Avenue as a joint project with the City of Renton. We have met with City staff and have their concurrence for joint participation in the project. City staff has suggested that we install both the sewer and water main along the distance of our property and that the City be responsible for the additional costs of connecting the other businesses and parcels to the sewer and water mains. This would include the cost of street restoration on the East Side of the centerline. Thank you for your review and consideration of this proposal. We look forward to meeting with City council to discuss our proposal and finalize a joint project to improve the infrastructure along, currently substandard, Olympia Avenue NE. Sincerely, �s-,,ems' �, `�% ;'�;//' �,!�• ��',,.�_.._ Glenn R. Davis & Jeffrey M. Sile y Managing Partners Davis & Silesky Real Estate Investment Services Enclosure: Jaeger estimate for public utility work cc: Mr. Jim Hanson (Hanson Consulting) Various Renton City staff members Received:: 3/ 7/03 11:30AM; _> 425 885 7149; Page 1 MAR-7-2003 11:00A FROM: . TO:14258857149 P:1/2 JAEGER!" ENGIANEERIIINIG 9419 S. 204. PLACE - IKENT, WASiiiHroTON 98031 PHOMV- (253) 850-0934 FAX (253) 860-01 S5 February 21, 2003 Lee Johnson Glen Davis Project: Urban Crafts -- City of Renton I have prepared a rough estimate for the public utility work within the right-of-ways for the Urban Crafts project. This work is limited to those items that are improving an existing substandard system This estimate. does not include any additional work within the ROW that is understood to be for the benefit of this project (ie: frontage improvements to NE 41h St. and a portion of Olympia Ave. NE. The estimates do not include taxes or City fees. Please keep in mind that this is an estimate based on a cursory review of the project scope. WATER: Connection to the existing water main .near the existing fire hydrant within Olympia Ave., install a new 8" water main within Olympia Ave. to the north property line, then turning west across the north property line and connection to the existing water main near the northwest corner of the site. The section of pipe running along the north property line would. be within an easement. It is assumed that meter stubs would need to be set along Olympia Ave. for future services to the east. • 345 LF of 8" duct. Iron water main and fittings C) $32ILF = $11,040 1 new fire hydrant assembly @ $2000 = $2,000 • 8 service connection stubs L $400 ea. _ $3,200 2 connections to existing main O $1000 ea. _ $2,000 SEWER: Installation of a new 8" sewer main within Olympia Ave, to replace an existing sub -standard main. Connect to The existing sewer main within NE 4th St. and terminate at the north property line (extended). Connect all existing services along the east side of Olympia Ave. Received: 3./ 7/03 11:30AM; MAR-7-2003 11:00A FROM: -> 425 885 7149; Page 2 T0:14258857149 P:2/2 • 375 LF of 8" PVC sewer main @ $40/ LF = 15,000 • 2 man holes 01 $2400 ea. = $4,800 • estimated 10 side sewer connections @ $800 ea. = $8,000 • 1 connection to existing sewer @ $700 ea = $700 STREET RESTORATION: Installation of both water and sewer mains within Olympia Ave. will require demolition of approx. 20' width of the existing street surface. As such, a new 20' width of asphalt road section will need to be re -constructed. It is assumed that the road section will be 3" of asphalt over 8" of gravel base. 7200 SF of road restoration (4) $2.50/ SF = $1.8,000 traffic control: lump sum of $5,000 signage and striping: lump sum of $500 • demolition and disposal: lump sum of $3,000 Total Hard Costs: $73,240 MISCELLANEOUS COSTS: • Engineering and Plan preparation: $3,500 • Surveying: $3,000 • Construction Management: $5,000 • 10% Contingencies: $7,000 Total Estimated Costs: $91,740 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3bZ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CALLING FOR THE ANNEXATION, BY ELECTION, OF CONTIGUOUS UNINCORPORATED TERRITORY TO THE CITY OF RENTON LYING IN AN AREA GENERALLY BOUNDED BY THE CITY OF RENTON CORPORATE BOUNDARY, INCLUDING SE 128TH STREET TO THE NORTH; SE 130TH STREET, IF EXTENDED, TO THE SOUTH; 156TH AVENUE SE, IF EXTENDED, TO THE EAST; AND THE MIDDLE OF 152ND AVENUE SE, TO THE WEST. (BALES ANNEXATION) WHEREAS, the City Council of the City of Renton, Washington, has determined that it would be in the best interests and general welfare of the City of Renton to annex the property generally bounded by the City of Renton corporate boundary, including SE 128`h Street to the north; SE 1301h Street, if extended, to the south; 156`h Avenue SE, if extended, to the east; and the middle of 152°d Avenue SE, to the west; legally described in Exhibit "A" attached hereto and incorporated by reference as if fully set forth; and WHEREAS, the City Council is desirous to call for an election for this annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The best interests and general welfare of the City of Renton would be served by the annexation of contiguous unincorporated territory lying generally in the area bounded by the City of Renton corporate boundary, including SE 128`h Street to the north; SE 130`h Street, if extended, to the south; 15e Avenue SE, if extended, to the east; and the middle of 152nd Avenue SE, to the west; legally described in Exhibit "A" attached hereto and incorporated by reference as if fully set forth. SECTION III. aforesaid territory is four. SECTION IV. RESOLUTION NO. a � q As nearly as can be determined the number of voters residing in the The City Council hereby calls for an election to be held pursuant to Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for annexation. SECTION V. There shall also be submitted to the electorate of the territory sought to be annexed a proposition that all property located within the territory to be annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as property located within the City of Renton is assessed and taxed to pay for all or any portion of the outstanding indebtedness of the City of Renton, which indebtedness has been approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation. SECTION VI. There shall also be submitted to the electorate of the territory sought to be annexed a proposition that all property located within the territory to be annexed shall, simultaneous with the annexation, have imposed the City of Renton zoning regulations, prepared under RCW 35.A.14.340, with a Comprehensive Plan designation of Residential Rural (RR) and a zoning designation of R-5 (Residential single family, 5 dwelling units per acre). SECTION VH. Renton. SECTION VIII. The cost of said annexation election shall be paid by the City of The City Clerk shall file a certified copy of this Resolution with the King County Council and with the King County Boundary Review Board. SECTION IX. The City Clerk shall also file with the King County Boundary Review Board a Notice of Intention hereof as required by RCW 36.93.090 et seq. RESOLUTION NO. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.952:11 /27/02:ma day of , 2002. Bonnie I. Walton, City Clerk day of Jesse Tanner, Mayor 3 EXHIBIT A BALES ANNEXATION LEGAL DESCRIPTION The Northwest quarter of the Northeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the east 32.45 feet of the north 406.01 feet thereof; EXCEPT that portion for street right of way (NE 4t' Street). CD — ' 4 0 i� Q ❑ 0 0 O rk o u u 0 � -9 0 h P� � o °d o � � Q � o h St S 51 u 0 Proposed Bales Annexation Site _ _ _ Existing City Limits 0 300 600 Figure 2: Existing Structure Map Proposed Annexation Economi( iment,Neighbochoo&&StmtegicPleming 4ro Boundary 1 : 3600 ` • "'a"� A&=WftWf O. Del Ratcio Existing Structure .r 20 Dw=bw 2002 c CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2002 AMENDMENTS TO THE ZONING CLASSIFICATIONS OF PROPERTIES LOCATED WITHIN THE CITY OF RENTON. WHEREAS, pursuant to Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, property located within the City of Renton has been zoned as various zoning classifications; and WHEREAS, the Planning Commission held numerous public hearings and made its recommendation to the City Council; and WHEREAS, the City Hearing Examiner held numerous public hearings and made his recommendation to the City Council; and WHEREAS, the City Council and the Planning and Development Committee have held public meetings to consider the zoning classifications to be assigned to various properties within the City of Renton; and WHEREAS, the City Council established an amendment process as part of its greater Growth Management Act process; and WHEREAS, numerous individuals availed themselves of the amendment processes; and WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO.141 r SECTION I. The above findings and recitals are hereby found to be true and correct in all respects. SECTION II. The zoning map attached hereto as Exhibit "A" on a single sheet, and Exhibit `B" as a bound Map Book, are hereby adopted as the zoning map for the City of Renton, and the zoning categories shown on these maps for the various properties located within the City limits of the City of Renton are hereby designated as the zoning designations for those properties. Rezone ordinances adopted after this ordinance shall amend the official zoning map. SECTION III. The Economic Development, Neighborhoods and Strategic Planning Administrator is hereby authorized and directed to make the necessary changes on the City's zoning maps, to evidence the adoption of the new zoning map. SECTION IV. The City Clerk is hereby authorized and directed to file this ordinance as provided by law and to keep a copy on file with the office of the City Clerk. SECTION V. This Ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 312003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Jesse Tanner, Mayor 2 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1030:3/10/03:ma Y 4' CITY OF RENTON, WASHINGTON • 'AD h mcwa"I AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON FROM THE HEAVY INDUSTRIAL (IH) ZONE TO THE CENTER/OFFICE/RESIDENTIAL 3 (COR 3) ZONE. (FRY'S REZONE, FILE NO. LUA-02-149,ECF,R) WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as IH (Heavy Industrial); and WHEREAS, the City of Renton initiated a proceeding for change of zone classification of said property on or about December 24, 2002. This matter was duly referred to the Hearing Examiner for investigation, study, and public hearing, and a public hearing having been held thereon on or about February 4, 2003, and said matter having been duly considered by the Hearing Examiner, and said zoning request having been recommended for approval by the Hearing Examiner subject to the finalization of Ordinance No. 5001, which became effective on March 12, 2003, and no requests for reconsideration or appeals having been received during the appeal period that ended February 27, 2003; and WHEREAS, said zoning request being in conformity with the City's Comprehensive Plan, as amended by Ordinance No. 4855, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; 1 I ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby rezoned to Center/Office/Residential 3 (COR 3), as hereinbelow specified. The Economic Development, Neighborhoods, and Strategic Planning Administrator is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (The approximately 21.3 acre rezone site is located at 800 Garden Avenue N., on the east side of the street, between North 8t' on the south and North Park on the north. The subject site is located on the east side of the Boeing Complex.) SECTION H. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of 112003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1031:3/12/03:ma Jesse Tanner, Mayor 2 4 EXHIBIT A Legal Description - Account Number: 082305921700 082305 217 PORTION OF NW 1/4 & NE 1/4 BEGIN INTERSECTION OF S LINE OF NW 1/4 WITH ELY MARGIN OF GARDEN STREET TH S 89-28-08 E 638.89 FT TO POINT ON WLY MARGIN OF PACIFIC COAST RR CP R/W, SAID POINT BEING UPON A CURVE TO RIGHT RADIUS OF 810.39 FT FROM WHICH TH CENTER OF CIRCLE BEARS N 52-20-26 E TH ALONG SAID MARGIN CURVING TO RIGHT ARC LENGTH OF 277.71 FT TO POINT OF TANGENCY TH N 18-01-31 W 1993.78 FT TO INTERSECTION WITH SLY MARGIN OF PSH-1 NORTH RENTON INTERCHANGE A -LINE R/W TH S 49-10-34 W 406.07 FT TH S 31-54-35 W 72.66 FT TO POINT ON ELY MARGIN OF GARDEN STREET TH S 17-59-39 E 1329.46 FT TO POINT OF CURVE TO RIGHT RADIUS OF 910 FT TH ALONG SAID MARGIN CURVING TO RIGHT ARC LENGTH OF 294.22 FT TO POINT OF TANGENCY TH S 00-31-51 W 253.23 FT TO POINT OF BEGINNING LESS PORTION OF PRIMARY STATE HIGHWAY NO 1 (SR 405) NORTH RENTONINTERCHANGE (PARKING LOT 6) TF-NE 12th 7\ . 0 a IH IH z ai d a � , � Mt Vicinity Map R-10 I Fry's Rezone EXHIBIT A