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HomeMy WebLinkAboutCouncil 05/24/2004AGENDA RENTON CITY COUNCIL *REVISED* REGULAR MEETING May 24, 2004 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Native Plant Appreciation Week - May 24 to 30, 2004 4. PUBLIC HEARING: Cancellation and reallocation of 2002 Community Development Block Grant (CDBG) capital funds and award of unallocated 2004 CDBG capital funds 5. APPEAL: Planning & Development Committee Report re: 1800 Jones Avenue Short Plat INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 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. . (CONTINUED ON REVERSE SIDE) 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 May 17, 2004. Council concur. b. Development Services Division recommends acceptance of dedication of right-of-way at the corner of NE 5th Pl. and Index Pl. NE to fulfill a requirement of the Sierra Homes Short Plat (SHP-03-111). Council concur. c. Development Services Division recommends approval, with conditions, of the Renton Place Division III Final Plat; 11 single-family lots on 1.49 acres located in the vicinity of Maple Ave. NW, Lind Ave. NW, and NW 3rd St. (FP-04-032). Council concur. (See 1 La. for resolution.) d. Development Services Division recommends approval, with conditions, of the Jacques NE 24th St. Final Plat; 11 single-family lots on 1.78 acres located at NE 24th St. and Camas Ave. NE (FP- 04-019). Council concur. (See 1 Lb. for resolution.) e. Hearing Examiner recommends approval, with conditions, of the Heritage Glen Preliminary Plat; 37 single-family lots on 6.38 acres located at NE 20th St. (PP-03-044). Council concur. f. Human Resources and Risk Management Department recommends approval to establish the grade of a23 for the new Business Systems Analyst position (approved via Ordinance 5072); Grade a23 salary range is $4,318 - $5,258. Council concur. g. Legal Division recommends adoption of an ordinance that clarifies the crime of making a false or misleading statement, and removes the reference to the crime of interference, as it is not adopted in City Code. Refer to Public Safety Committee. h. Transportation Systems Division recommends approval of an operating permit and agreement with Sound Flight, Inc. to operate an on -demand charter service at the Airport. Refer to Transportation (Aviation) Committee. i. Utility Systems Division requests approval of final costs for East Kennydale Sanitary Sewer Infill Phase II Special Assessment District for sanitary sewer service to properties adjacent to Edmonds Ave. NE, NE 20th through NE 23rd Streets, NE 25th St., Glenwood Ave. NE, and Harrington Pl. NE (SAD-03-001). Refer to Utilities Committee. 9. CORRESPONDENCE 10. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by. the Chair if further review is necessary. * a. Committee of the Whole: City Code Title III (Departments) Revision* b. Community Services Committee: Reallocation and Award of 2002 & 2004 Community Development Block Grant Funds c. Finance Committee: Vouchers; Unfunded Positions* d. Planning & Development Committee: 2004 Title IV (Development Regulations) Docket e. Transportation (Aviation) Committee: Voicestream PCS III Corporation Master Use Agreement 11. RESOLUTIONS AND ORDINANCES Resolutions: a. Renton Place Division III Final Plat (see 8.c.) b. Jacques NE 24th St. Final Plat (see 8.d.) Ordinances for first reading: a. Increasing the number of positions in the 2004 Budget (see 10.c.) b. Title III (Departments) revision (see 10.a.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 6:00 p.m. Emerging Issues Council Chambers Approximately 6:30 p.m. Water Resource Inventory Area 8 and 9 Conservation Development Status Report • 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 May 24, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; RANDY CORMAN; TONI NELSON; . COUNCILMEMBERS DAN CLAWSON; DENIS LAW; TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; KAREN BERGSVIK, Human Services Manager; DEREK TODD, Assistant to the CAO; CHIEF LEE WHEELER, Fire Department, COMMANDER KENT CURRY, Police Department. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring the week of Native Plant Appreciation May 24 to 30, 2004, to be "Native Plant Appreciation Week" in the City of Week - May 24 to 30, 2004 Renton, encouraging all citizens to learn more about native plants and how to protect them, and to enjoy and appreciate the native flora's value and beauty. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published in Human Services: 2002 & 2004 accordance with local and State laws, Mayor Keolker-Wheeler opened the CDBG Funds Reallocation and public hearing to consider the cancellation and reallocation of 2002 Community Award Development Block Grant (CDBG) capital funds and the award of unallocated 2004 CDBG capital funds. Karen Bergsvik, Human Services Manager, stated that the Human Services Advisory Committee and City staff recommends canceling 2002 CDBG funds in the amount of $71,733 to ElderHealth Northwest, and reallocating these . funds to The Salvation Army Renton Food Bank and Social Services Center for construction of the food bank. The food bank was the only Renton project that met the criteria for the reallocation of funds. Ms. Bergsvik explained that Elderhealth Northwest declined the funds, which were to be used to improve an adult day health center facility, because the facility's lease was not renewed. In regard to the food bank, Ms. Bergsvik reported that the environmental review is complete, the conditional use permit has been granted, and the ground breaking is scheduled for September, 2004. She indicated that staff and the advisory committee recommend that the $55,000 allocated to the food bank in 2002 be canceled, and rolled into the 2003 allocation, which totaled $30,360. Pointing out that this amounts to a total allocation of $157,093 in Renton CDBG capital funds, Ms. Bergsvik stated that King County has also allocated an additional $101,894 in CDBG capital funds for this project. Continuing, Ms. Bergsvik stated that the Human Services Advisory Committee and staff also recommend that $15,000 in 2004 unallocated CDBG capital funds be awarded to ParkView Group Homes. The funds will go towards an May 24, 2004 Renton City Council Minutes Page 172 emergency repair to connect a group home to the City's sewer system. Ms. Bergsvik concluded by saying that $35,300 still remain in 2004 CDBG unallocated capital funds. In response to Councilman,Clawson's inquiry regarding the funding for the new food bank, Ms. Bergsvik explained that the food bank needs 70% of the $1.4 million estimated cost to break ground. Once that funding level is achieved, the food bank can then raise the additional 30% via a public campaign. Responding to Council President Person's question regarding the remaining unallocated 2004 CDBG capital funds, Ms. Bergsvik stated that the plan is to roll the funds into the 2005 funding allocation process, which starts next month. She confirmed that the remaining 2004 unallocated funds must be for capital projects, with the exception of employment programs, which can be funded with capital dollars. Public comment was invited. Christine Giffey-Brohaugh, 4615 NE 22nd PI., Renton, 98056, representing The Salvation Army, expressed her excitement at being so close to building the new food bank. She stated her appreciation for the consideration of the funding allocation to the food bank, and for the community's support towards this effort. There being no'further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO ITEM 10.b. (Community Services Committee report). CARRIED. Community Services Community Services Commnittee Chair Nelson presented a report regarding the Committee cancellation and reallocation of 2002 Community Development Block Grant Human Services: 2002 & 2004 (CDBG) capital projects, and allocation of unallocated 2004 capital funds. The CDBG Funds Reallocation and Committee recommended concurrence in the staff and Human Services Award Advisory Committee recommendations that the following actions for 2002 and 2004 capital CDBG funds be implemented: • Cancel $71,733 awarded to E1derHealth Northwest in 2002. • Reallocate the $71,733 to The Salvation Army Renton Food Bank and Social Services Center for construction costs. • Cancel the $55,000 awarded to The Salvation Army Renton Food Bank and Social Services Center Food Bank in 2002 for refrigerators and freezers, and consolidate those funds into the 2003 project award of $30,360 for construction so funding can be administered under one contract. • Award $15,000 of the 2004 CDBG unallocated capital funds to Parkview Group Homes to connect the house at 2509 Edmonds Ave. NE to the City sewer. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwoman Nelson expressed her appreciation to the Rotarians who donated $100,000 towards the food bank project. Mayor Keolker-Wheeler added that she is proud of the many community partnerships that are formed among different agencies, organizations, and individuals. May 24, 2004 Renton City Council Minutes Page 173 APPEAL Councilwoman Briere announced that the 1800 Jones Ave. Short -Plat appeal Planning & Development will be held in Planning and Development Committee for further deliberation Committee on June 3rd. The Committee plans to present its report at the June 7th Council Appeal: 1800 Jones Ave Short meeting. Plat, Kinzer & Lunsford, SHP- 03-095 ADMINISTRATIVE Olympic Pipe Line Company representative Bill Kidd, 521 236th St. NW, REPORT Stanwood, 98292, reported on the pipeline leak that occurred on May 23rd. He Fire: Olympic Pipeline Leak began by expressing the company's appreciation to all those who responded to this incident. Mr. Kidd said the company is working with the Renton Fire Department and various agencies to determine the cause of the fire, and to formulate a plan for restarting the pipeline. He estimated that the pipeline will be restarted late tomorrow night. Mr. Kidd explained that the gasoline leak occurred in a small half -inch stainless steel tubing that is attached to the main pipeline. The small hole was apparently caused by an electrical conduit rubbing on the tubing. He reported that crews are checking equipment in the area to make sure that it is safe to bring it back into service. Maintenance work is being performed, as well as environmental investigation and cleanup. Mayor Keolker-Wheeler stated she was notified of the incident shortly after it occurred, and expressed her pleasure with how responding personnel handled the situation. She clarified that this situation is much different than the pipeline leak that occurred in Bellingham in 1999. In response to Council inquiries, Mr. Kidd stated that the half -inch line is not pressure tested, nor does it undergo smart pig internal inspection tests. He explained that the 16-inch pipeline is located about three feet underground, and the half -inch tubing is between a valve on the 16-inch pipeline and a valve that is above the ground. The leak developed between those two valves. Mr. Kidd advised that all such connections along the Olympic pipeline are being checked: Regarding the amount of time it took to stop the leak, Mr. Kidd explained it was due to the close proximity of the leak to the block valve, and the need to bleed off the pressure in the pipeline. In response. to Councilman Clawson's inquiry, Fire Chief Lee Wheeler confirmed that there is a mechanism in place for the City to recover the costs it incurred as a result of this incident. Chief Wheeler reported that the Renton Fire Department responded to the incident at the Olympic Pipe Line facility at 2317 Lind Ave. SW at 8:00 a.m. Additional fire crews were called, and the City's Emergency Coordination Center was activated at 12:00 p.m. at Fire Station #14. After the initial leak was stopped at 3:45 p.m., a secondary leak was found. That leak was capped at 5:35 p.m. Chief Wheeler reviewed the various firefighting units that responded, as well as the various responding agencies such as the State Department of Ecology and the Federal Environmental Protection Agency. Chief Wheeler estimated that City of Renton equipment and personnel costs are approximately $50,000, and said the estimated total costs for public agencies responding to this incident is approximately $100,000. He stated that over 70 fire personnel, 22 City of Renton staff members, and officials from various agencies participated in the response. May 24, 2004 Renton City Council Minutes Page 174 Continuing, Chief Wheeler reported that currently both the 20-inch and 16-inch pipelines operated by Olympic Pipe Line Company are shut down and will remain that way until necessary repairs are made. He stated that the Fire Department is involved in the decision making process that will ultimately allow the pipeline to resume operation. The company is working on repairing and testing the damaged equipment, and investigating the environmental impacts to soil, ground water, and surface water. In conclusion, Chief Wheeler described the services the Fire Department will provide such as monitoring, investigating the cause, agency coordination, and over -seeing environmental investigation and remediation activities. He complimented Olympic Pipe Line Company's handling of the situation, and thanked neighboring jurisdictions for the assistance they provided. EDNSP: Television News Chief Administrative Officer Jay Covington reported that a story about Renton Feature on Renton was featured on the Q 13 Fox News This Morning television program last week. The segment was then replayed for the Council and public. Topics such as Renton's downtown development, downtown area events and activities, and the surplus of Boeing property were addressed. Mr. Covington continued with the written administrative report that summarizes the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: • The Association of Washington Cities will present the City of Renton with two Certificates of Achievement, one for the 2004 Renton Community Calendar and the other for the Veterans Memorial Park project. • The Regional Transportation Investment District Executive Board has decided not to put a package of regional transportation projects, and tax increases to pay for them, on the November 2004 ballot. It is not yet clear what steps will be taken regarding a possible ballot measure in 2005. On May 20th, Puget Sound Energy (PSE) experienced an underground power outage on the Earlington 15 grid that affected 20 commercial customers around the S. Grady Way and Rainier Ave. S. intersection. This outage also affected the traffic signal at Grady and Rainier. A bad underground cable was found to be at fault, and PSE is conducting further investigations to determine whether additional follow-up actions are required. Public Works: Power Outage Responding to Councilwoman Nelson's inquiry, Planning/Building/Public Works Administrator Gregg Zimmerman stated that the Earlington 15 grid was not the same grid that caused some power outages last year. AUDIENCE COMMENT Sandel DeMastus, Highlands Community Association (HCA) President, 1137 Citizen Comment: DeMastus - Harrington Ave. NE, Renton, 98056, stated that the HCA Board is concerned Speed Hump Installation at about the safety of students attending Highlands Elementary School, as Highlands Elementary School automobiles regularly exceed the posted speed limit on NE 7th St. and Harrington Ave. NE during school hours. She relayed the Board's request for the installation of 25-miles-per-hour speed humps on these streets. Acknowledging the City's reluctance to initiate this kind of traffic control, Ms. DeMastus pointed out that the City of Bellevue has established specific guidelines for the use of speed humps in residential and school areas. May 24, 2004 Renton City Council Minutes Page 175 Mayor Keolker-Wheeler stated that staff will consider HCA's request for this type of traffic control measure as part of the City's traffic calming process which was adopted by Council on August 5, 2002. Additionally, Ms. DeMastus announced that a briefing on safety issues related to the Olympic pipeline will take place at the HCA meeting on May 27th. Citizen Comment: Larson- Sue Larson -Kinzer, 1733 NE 20th St., Renton, 98056, stated that regardless of Kinzer - Jones Ave Short Plat the outcome of the Jones Ave. Short Plat appeal, she appreciates the time and Appeal, Comprehensive Plan energy the Hearing Examiner has spent on the matter, and the assistance Revision Process provided by a former Development Services Division planner. Ms. Larson - Kinzer stated that she is aware that the City is revising its Comprehensive Plan, and asked for more information about the process. Mayor Keolker-Wheeler asked staff to forward the Comprehensive Plan review process schedule to Ms. Larson -Kinzer. She noted that Council is briefed on the matter monthly at a Committee of the Whole meeting, and the Planning Commission addresses it at almost every meeting. CAO Covington added that she is welcome to address comments regarding the Comprehensive Plan.to the Planning Commission, as the commission makes, recommendations to Council. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of May 17, 2004. Council concur. May 17, 2004 Development Services: Sierra Development Services Division recommended acceptance of dedication of a 15- Homes Short Plat, ROW foot radius of right-of-way at the corner of NE 5th Pl. and Index Pl. NE to Dedication at NE 5th Pl fulfill a requirement of the Sierra Homes Short Plat (SHP-03-111). Council concur. Plat: Renton Place Division III, Development Services Division recommended approval, with conditions, of the Maple Ave NW, FP-04-032 Renton Place Division III Final Plat; 11 single-family lots on 1.49 acres located in the vicinity of Maple Ave. NW, Lind Ave. NW, and NW 3rd St. (FP-04- 032). Council concur. (See page 176 for resolution.) Plat: Jacques NE 24th St, FP- Development Services Division recommended approval, with conditions, of the 04-019 Jacques NE 24th St. Final Plat; 11 single-family lots on 1.78 acres located at . NE 24th St. and Camas Ave. NE (FP-04-019). Council concur. (See page 176 for resolution.) Plat: Heritage Glen, NE 20th Hearing Examiner recommends approval, with conditions, of the Heritage Glen St, PP-03-044 Preliminary Plat; 37 single-family lots on 6.38 acres located at 1832 - 2008 NE 20th St. (PP-03-044). Council concur. Human Resources: Business Human Resources and Risk Management Department recommended approval Systems Analyst, Grade a23 to establish the grade of a23 for the new Business Systems Analyst position (approved via Ordinance 5072); Grade a23 monthly salary range is $4,318 - $5,258. Council concur. Legal: Making False Statement Legal Division recommended adoption of an ordinance that clarifies the crime Clarification, Interference of making a false or misleading statement, removes the reference to the crime Reference Removal of interference, and adds related definitions in City Code. Refer to Public Safety Committee. May 24, 2004 Renton City Council Minutes Page 176 Airport: Sound Flight Transportation Systems Division recommended approval of an operating permit Operating Permit & and agreement with Sound Flight, Inc. to operate an on -demand charter service Agreement at the Airport. Refer to Transportation (Aviation) Committee. SAD: East Kennydale Sanitary Utility Systems Division requested approval of final costs for East Kennydale Sewer Infill Phase II Sanitary Sewer Infill Phase II Special Assessment District for sanitary sewer service to properties adjacent to Edmonds Ave. NE, NE 20th through NE 23rd Streets, NE 25th St., Glenwood Ave. NE, and Harrington Pl. NE (SAD-03-001). Refer to Utilities Committee. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL- APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Persson presented a Committee of the Whole report Committee of the Whole concurring in the staff recommendation to amend City Code Title III, AJLS: Title III (Departments) Departments, in its entirety; and related Section 1-4-3 of Chapter 4, Mayor, of City Code Revision Title I, and Section 5-3-2 of Chapter 5, Salaries, of Title V, in order to establish the current City departments, the Mayoral authority to appoint City officers, and the City Council confirmation requirements. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 177 for ordinance.) Finance Committee Finance Committee Chair Corman presented a report recommending approval Finance: Vouchers of Claim Vouchers 226663 - 227152 and two wire transfers totaling $2,230,569.26; and approval of Payroll Vouchers 50537 - 50785, one wire transfer and 576 direct deposits totaling $1,798,736.57. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT.. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to approve the Development Services: VoiceStream PCS III Corporation master use agreement with the City of Wireless Communication Renton to install wireless communication facilities within the City of Renton Facilities, VoiceStream right-of-way. Conduit and cable will be installed underground using conventional trenching, horizontal boring, and directional drilling methods. This master use agreement between the City and VoiceStream PCS III Corporation is for a period of ten years. The Committee further recommended that the Mayor and City Clerk be authorized to execute the master use agreement. MOVED BY PALMER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3692 A resolution was read approving the Renton Place Division III Final Plat Plat: Renton Place Division III, consisting of approximately 1.49 acres located in the vicinity of Maple Ave. Maple Ave NW, FP-04-032 NW, Lind Ave. NW, and NW 3rd St. (FP-04-032). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3693 A resolution was read approving the Jacques NE 24th St. Final Plat consisting Plat: Jacques NE 24th St, FP- of 1.78 acres located in the vicinity of Camas Ave. NE and NE 24th St. (FP-04- 04-019 019). MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. May 24, 2004 Renton City Council Minutes Page 177 The following ordinance was presented for first reading and referred to the Council meeting of 6/07/2004 for second and final reading: AJLS: Title III (Departments) An ordinance was read amending Section 1-4-3 of Chapter 4, Mayor, of Title I City Code Revision (Administrative); Title M(Departments and Officers); and Section 5-3-2 of Chapter 5, Salaries, of Title V (Finance and Business Regulations) of City Code by redefining the creation, duties and methods of compensation of the department administrators and officers of the City of Renton. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/07/2004. CARRIED. NEW BUSINESS Noting the recent Olympic pipeline incident and 9-11 Commission (National Public Safety: Radio Commission on Terrorist Attacks Upon the United States) hearings, Council Communication System, President Persson stressed the importance of keeping the issue of the City's Emergency Services radio communication system, which is in Public Safety Committee, to the forefront. He stated that police and fire radios failed to work inside buildings during the 9-11 incident in New York, and that same problem also exists here in Renton. Police: Seat Belt Use Councilwoman Nelson reminded everyone that not only can vehicle drivers be Enforcement cited for not wearing seat belts, passengers in vehicles can be cited as well.. EXECUTIVE SESSION MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 15 MINUTES TO DISCUSS PERSONNEL ISSUES WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED.. Time: 8:48 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:25 p.m. 6a 13ONNIE I. WALTON, City Clerk Recorder: Michele Neumann May 24, 2004 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING May 24, 2004 _ COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 5/31 (Persson) MON., 6/07 5:30 p.m. Approximately - 6:30 p.m. COMMUNITY SERVICES (Nelson) FINANCE (Corman) No Meeting (Memorial Day) Emerging Issues *Council Conference Room* Comprehensive Plan Amendments Update *Council Chambers* PLANNING & DEVELOPMENT THURS., 6/03 Jones Avenue Short Plat Appeal; (Briere) 2:00 p.m. Comprehensive Plan Amendments (briefing only); Wireless Communications City Code Amendments PUBLIC SAFETY MON., 6/07 Transit Center Safety (briefing only); (Law) 5:00 p.m. City Code Amends Clarifying Crime of Making a False Statement & Removing Reference to Crime of Interference TRANSPORTATION (AVIATION) THURS., 6/03 (Palmer) 4:00 p.m. UTILITIES (Clawson) THURS., 6/03 3:30 p.m. Rainier Ave. S. Improvements Project TIB Grant; Benson Rd. S. Project TIB Grant; Rainier Ave. (briefing only); Sound Flight Operating Permit and Agreement East Kennydale Sanitary Sewer Infill Phase II Special Assessment District 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. xr L CITY OF REN'TON Mayor Kathy Keolker-Wheeler Wherec,k, native plant species are an important part of Washington's heritage, providing important cultural, aesthetic, economic, and ecological contributions that make. the State of Washington a special place to live; and Whe racw, our state enjoys an amazing diversity of over 3,000 native plant species, from rain forest plants on the Olympic Penninsula to the desert species in Eastern Washington; and Wheirecw, preserving native plant ecosystems is critical for the protection of birds, fish, and other wildlife, as well as of our water quality; and W herecw, preserving native plant ecosystems is equally critical for the long-term health and use of our natural resources, from passive recreation to agriculture; and Whelrea,k, .over 360 of our native plant species are listed as rare by the Washington State Natural Heritage Program; and W JWXe, c a, certain types of insects, plant diseases, and invasive plant species present a threat to sustaining Washington's native plant ecosystems and the biodiversity that they enable; and W herecw Governor Gary Locke has proclaimed the week of May 24-30 to be Native Plant Appreciation Week, and across the state public and private groups are celebrating the beauty and value of native plants in both natural settings and gardens; NOW, There bre; I, Kathy Keolker-Wheeler, Mayor of the City of Renton, do hereby proclaim the week of May 24-30, 2604 to be N at, Plant- A pp r �, m W eekl in the City of Renton, and I encourage all our citizens to learn more about our native plants and how to protect them, and to enjoy and appreciate our native flora's value and beauty. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 24`h day of May, 2004. _ still Kathy Ke ker-Wheeler Mayor 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 RENTON AHEAD OF THE CURVE CANCELLATION AND REALLOCATION OF 2002 COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL PROJECTS; ALLOCATION OF UNALLOCATED 2004 CAPITAL FUNDS PUBLIC HEARING MAY 249 2004 THE SALVATION ARMY RENTON FOOD BANK AND SOCIAL SERVICES CENTER The Human Services Advisory Committee and staff recommends the cancellation of 2002 Community Development Block Grant (CDBG) capital funds to E1derHealth Northwest in the amount of $71, 733 and reallocating these funds to The Salvation Army Renton Food Bank & Social Services Center. The funds will be used for construction. The criteria for reallocation were projects that were already eligible for CDBG funds and able to spend the funds in 2004. The Salvation Army Renton Food Bank was the only Renton project that met those criteria. In 2003, $30,360 in CDBG capital funds was allocated to the food bank for construction. The environmental review is completed and the conditional use permit has been granted. Ground breaking is scheduled for mid - September, 2004. It is also recommended that the $55,000 allocated to the Food Bank in 2002 for the purchase of refrigerators and freezer for the amount of $55,000 be canceled, and rolled into the 2003 allocation. This allows all the funding to be combined into one project number. A total of $157,093 is now allocated in Renton CDBG capitalfunds to The Salvation Army Food Bank & Social Services Center. King County has allocated an additional $101,894 in CDBG Capital funds for this project. E1derHealth was originally granted the funds to make improvements to a building serving as an adult day health center on he Valley Medical Center campus. After funding was approved, the facility experienced on -going maintenance problems and Valley Medical Center chose not to renew the lease. E1derHealth formally declined the funds in January, 2004. PARKVIEW HOMES It is also recommended that ParkView Homes be awarded $15,000 in 2004 unallocated CDBG Capital funds. This is for the emergency repair of connecting the house at 2509 Edmonds Avenue NE to the sewer. The septic tank is failing. Four deafiblind people reside at the house and CDBG funds were used to purchase the home. The repair will reduce on -going maintenance costs. There is $35,300 remaining in the 2004 unallocated CDBG Capital funds. COMMUNITY SERVICES COMMITTEE REPORT May 24, 2004 APPROVED BY 0TY COUNCIL Date' Cancellation and Reallocation of 2002 Community Development Block Grant Capital Projects; allocation of unallocated 2004 capital funds (Referred May 3, 2004) The Community Services Committee recommends concurrence in the staff and Human Services Advisory Committee recommendations that the following actions for 2002 and 2004 capital Community Development Block Grant (CDBG) funds be implemented. • Cancel $71, 733 awarded to E1derHe.aith Northwest in 2002, • Reallocate the $71,733 to The Salvation Army Renton Food Bank & Social Services Center for construction costs. • Cancel the $55,000 awardedto The Salvation Army Renton Food Bank & Social Services Center Food Bank iri2002 for refrigerators and freezers and consolidate those funds'i'nto the 2003 project award of $30;360 for i construction so funding can be administered under one contract. • Award $15,000 of`the'2004 CDBG unallocated e;apital funds to Parkview Group Homes to connect the house at 2500 Edmonds Ave NE, Renton, to the City sewer. a Toni Nelson, Chair CITY OF RENTON MEMORANDUM DATE: May 24, 2004 TO: Don Persson, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day to -day activities, the following items are worthy of note for this week: GENERAL • Renton's Emergency Coordination Center (ECC) was activated yesterday in response to a fire and leak at the Olympic Pipeline Renton Station. A fire broke out at approximately 8:00 a.m. and Olympic Pipeline Company immediately began their emergency protocol. Responding units contained the fire and worked in conjunction with other agencies and Olympic Pipeline to stop the flow of gasoline from the sampler line. An initial leak was capped at 3:45 p.m., at which time a secondary leak was discovered and capped at 5:35 p.m. A portion of Lind Avenue was closed for several hours. Agencies are now investigating what caused the leak and resulting fire. The Environmental Protection Agency and the Department of Ecology are monitoring the air and water quality. The EPA and DOE will manage and monitor the clean-up efforts in conjunction with Olympic Pipeline. As of today, Monday, May 24th, the pipeline remains closed. ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • The Association of Washington Cities will present the City of Renton with two Certificates of Achievement, one for the 2004 Renton Community Calendar and the other for the Veteran's Memorial Park project. These certificates will be presented during the AWC Annual Conference in June. As part of the 2004 AWC Municipal Achievement Awards, AWC presents Certificates of Achievement to cities for providing top quality services and programs. Last year, AWC presented the City of Renton with a Municipal Achievement Award for the Renton IKEA Performing Arts Center. • In compliance with state law, the City Clerk's office recently saw to the disposal of almost six tons of City records that had reached their required retention periods, including the disposal of audio and video tapes via a recycling process that makes them into new products. Forty boxes of records were identified for transfer to the Regional Archivist as historical records and will be a part of the State Archives' collection in Bellevue, ensuring the documentation of Renton's history for future generations. COMMUNITY SERVICES DEPARTMENT • Orange and blue water slides, standing 26 feet high, are the most eye-catching features of the new Henry Moses Aquatic Center. A public ceremony on Saturday, June 50', will begin at 11:00 a.m., with the Aquatic Center opening at 11:30 a.m. The ceremony will feature elected officials, the original Pool Task Force, and members of the Park Board and Municipal Arts Commission. A steel drum band will entertain the crowd and the winners of the Name The Slide Contest will be presented certificates prior to taking their inaugural ride on the water slides. Administrative Report May 24, 2004 Page 2 • Beginning Tuesday, May 25 h, three hazardous trees will be removed from Teasdale Park and two stumps from trees that fell down during last winter's wind and ice storm will be ground flush to the surrounding soil surface. The area will be evaluated for new plantings. In Liberty Park four hazardous trees will be removed; two are located within the children's playground and two are adjacent to Little Liberty ball field. Replacement trees were planted in 2003 near the playground and two new trees will be planted near the ball field. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT The Regional Transportation Investment District (RTID) Executive Board has decided not to put a package of regional transportation projects, and tax increases to pay for them, on the November 2004 ballot. We understand that this decision came about at least in part due to a survey performed by the Funders Group (a group of businesses who have been assisting the RTID Executive Board). This survey indicated that members of the public who responded to the survey would not vote to support the package. Therefore, the Funders Group indicated reluctance to engage in an advertising campaign supporting the package. The Sound Transit Board also did not vote in support of a joint ballot in which extending light rail would be part of the RTID package. It is not yet clear what steps will be taken regarding a possible RTID ballot measure in 2005. On Thursday, May 20th, at 4:10 p.m., Puget Sound Energy experienced an underground power outage on the Earlington 15 grid in Renton affecting 20 commercial customers in the area around the South Grady Way/Rainier Avenue intersection. This outage also affected the traffic signal at Grady and Rainier. A bad underground cable was found to be at fault. Power was restored to most customers by 5:18 p.m. and to all remaining customers by 6:50 p.m. PSE is conducting further investigations to determine whether additional follow-up actions are required. POLICE DEPARTMENT • The Police Department received a $3,500 grant to focus its efforts on traffic safety issues of speeding, DUI, aggressive driving, and seat belt use on an overtime reimbursement basis. The statewide emphasis began on May 10 h and will run through June 7`h. In addition, the department received approval through the Washington Traffic Safety Commission for the purchase of additional radar equipment. This grant is the result of significant time and enforcement efforts in Renton around school zones and speeding. • During the week of May 25-31, the Police Department will be conducting traffic emphasis in the following areas and, in addition, all school zones during school days: Renton Police Department Traffic Enforcement Emphasis May 25-31 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer May 25, Tuesday 1100 blk Carr Rd (speed) SW 43`d St (speed) S 2" St/Rainier (red lights) Rainier Ave N (speed) 2600 blk NE 7` St May 26, Wednesday E Valley/43` St (red lights) SW 43`d St (speed) SE 16 /Lk Youngs (stop signs) Royals Hills/Lk Youngs (stop signs) 2300 blk Talbot Rd S May 27, Thursday Rainier/Grady Way (red lights) Rainier Ave N (speed) Rainier Ave N (speed) 200 blk S 2"d St(speed) 2300 blk Talbot Rd S May 28, Friday 1100 blk Carr Rd (speed) 1400 blk Houser Way N (s eed) 200 blk S 2" St (speed) NE 25'h/I nnwood NE (speed) 2300 blk Talbot Rd S May 31, Monday Rainier Ave N (speed) Edmonds Ave SE (speed) Maple Valley Hwy (speed) Rainier Ave N (speed) 1300 blk N 3rd St CITY OF RENTON 1`SY O r3 FIRE ADMINISTRATION MEMORANDUM IVTo� DATE: May 24, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Kathy 1�edlker-Wheeler, Mayor FROM: A. VWVjjWe�f, Fire Chief STAFF CONTACT: Stdn Engler, Fire Marshal (ext. 7028) SUBJECT: Olympic Pipeline Incident On May 23`d, at 8:00 AM, the Renton Fire Department responded to a report of smoke and flames coming from a small building on the north side of the Olympic Pipeline facility located at 2317 Lind Ave. SW. Initial arriving units reported a petroleum fire behind a building. Additional resources were called to protect other pipeline structures and contain the fire. The fire was allowed to burn while firefighters attempted to stop the flow of flammable liquid from a petroleum sample line. The City's Emergency Coordination Center was activated at approximately 12:00 PM at Fire Station 14. After the initial leak was stopped at 3:45 PM, a secondary leak was found. This second leak was capped at 5:35 PM. • This was a three -alarm fire with a Zone 3 Hazardous Materials Strike Team. Units from SeaTac, Kent, Tukwila, Federal Way, KC Fire District #40, KC Fire District #20, Boeing Fire and South King County Medic One responded. • The State Department of Ecology, Federal Environmental Protection Agency and the Washington State Utilities and Transportation Commission also responded. • Three (3) firefighters from District #40 suffered minor injuries and were transported to Harborview Medical Center for treatment of minor injuries and released. • City of Renton equipment and personnel costs are estimated at this time to be approximately $50,000. • Total costs for public agencies responding to this call are estimated to be approximately $100,000. Page 2 May 24, 2004 • Over 70 fire personnel were involved in mitigating this incident and providing emergency coverage for the City of Renton during this pipeline emergency. Twenty-two (22) City of Renton staff from Public Works, Finance, Administration, Information Services and Police responded to the Emergency Coordination Center. Officials from Kent, Olympic Pipeline, EPA, King County and the State Department of Ecology were also present. Summary of Current Pipeline Status and City of Renton Involvement Both the 20-inch and 16-inch pipelines operated by Olympic Pipeline are currently shut down, and will remain in that condition until necessary repairs are made at the Renton terminal. Olympic has conducted inspections of the block valves and other equipment between Maplewood and the terminal. They have determined that there was no damage to equipment outside of the terminal as a result of the sample line incident. There was, however, damage to a surge valve on the 20-inch line at the terminal, and the sample piping and associated valves must be replaced. It is estimated that this work may be completed and the pipeline placed back into service sometime on May 26, 2004. The fire department is working as part of Olympic Pipeline's Unified Command, and is involved in the decision -making process that will ultimately allow the pipeline to be placed back into operation. Olympic is working on two (2) main issues concurrently; repair and testing of equipment damaged during the release, and investigation of environmental impacts to soil, ground water and surface waters surrounding the facility. The fire department will be involved in the following issues: • Providing suppression support, as needed, during the repair of the surge valve and sample piping damaged during the release. • Conducting off -site air monitoring and suppression during the installation of monitoring wells and removal of contaminated soils. • Over -seeing the environmental investigation and remediation activities. • Working with the Department of Ecology and EPA to ensure that all environmental cleanup activities are completed and properly documented. • Renton Fire Investigators are working with Olympic Pipeline's representatives to determine the cause of this incident. Attachment cc: Jay Covington PETROLEUM PRODUCT (Either Diesel, Gas or Propane ,._._........_._.... � ':Dyke 2 -12" Fuel Transfer Lines = 3' Subsurface (see Noteworthy Items) 10,000 Barrel Tank (Slop) ll Gate OLYMPIC PIPELINE 2319 Lind Av SW AREA Pi~ T-ci p,EN"- 24 our # 226-8880 Gravel ® = Emergency Shut -Off Access DRA Tanks (Drag Resistant Agent) 0 \ Pumps Maintenance Above -Ground Fuel Lines Offices F pomours Maintomme Warehouse r-- i Offices MOBIL TANK FARM Lab Gate IEi 7 1 — Key or Card Gate w/Speaker & Camera L'J J Redrawn 7/95 Approved J. Vollandt 10/95 (Olympic Pipeline) Highlands Community Association �� g Y dnw4ct PO Box 2041, Renton, WA 98059 5/,-� q/,�-o o May 24, 2004 Mayor Kathy Keolker-Wheeler City of Renton 1005 Grady Way Renton, WA 98055 Dear Madam Mayor and Council members: The Highlands Community Association Board expresses concern for the safety of students attending Highlands Elementary School. Automobiles regularly violate the posted speed limit on NE 7ch Street and Harrington Avenue NE during school hours and on weekends. The new Harrington Square development will soon place additional traffic in the area and creative relief would be a welcome addition to the neighborhood. We request the City of Renton place 25 mph speed humps on NE 7ch and Harrington for the benefit of students, parents and teachers. We understand the City's reluctance to initiate certain traffic controls because of other public safety issues. This action could be taken on a trial basis or as a traffic study area. A speed hump is a raised area of pavement approximately three inches high and 12 to 22 feet long. The speed hump produces a rocking motion to vehicle wheels and an uncomfortable sensation for occupants causing them to slow down. The City of Bellevue's Phase 1 and 2 (neighborhood traffic calming) Program has successfully established specific guidelines for their use in residential and school areas. Sincerely, The Highla ds Co unity Association Board Sandel be astus �'m� President Speed humps make neighborhoods safer for kids, study says 06:12 PM PST on Tuesday, March 30, 2004 Associated Press WASHINGTON, D.C. - Some people find them annoying, but those speed humps that force motorists to slow down in residential neighborhoods and near schools can significantly cut the risk of injury or death to children, a study says. The review found that children who lived on streets near a speed hump were up to 60 percent less likely to be hit and injured by an automobile than youngsters in areas without them: The study, released Tuesday, -is -published -in theAprilissue of -the American Journal -of-Public--------- - Health. It -looked at youngsters -under 15 who were-struck-onTesidential-streets-and--taken-t-o=the = emergency room at Children's Hospital Oakland in California over a five-year period. "One of the reasons this research is important is that a lot of times there are things that seem intuitive," said June Tester, a pediatric resident at the hospital and the study's lead author. It makes sense that speed humps would slow-motorists-down--and-reduce-the- risk of injury to kids, but it is not something that has been demonstrated or proven; she said. Motor vehicle -related incidents are the leading cause of death for children age 1 to 15, according to the Centers for Disease Control and Prevention. The study said Oakland had the highest rate of pedestrian deaths among California cities in 1995'. That year the city began a safety campaign after a pickup truck plowed into the playground of a local preschool, killing a 2-year-old and injuring 10 other children. The effort resulted in some 1,600 speed humps being installed on residential streets by 2000. Tom Van Demark, the head of the Oakland Pedestrian Safety Project, said there has been a 15 percent decrease in child pedestrian deaths and injuries in the past few years. Speed humps in many residential communities nationwide are not quite as high as the speed bumps one would find in a grocery store parking lot. Van Demark said the humps, usually about 6 inches high, are relatively cheap, costing about $1,000 each. He said he has heard complaints from some residents who say the humps signify a low -class neighborhood. "In fact," he said, "they're installed in very nice neighborhoods in Oakland." ITT too 1"o. '4 ,�':':i'�, 7 A I A Ado, q All* Fuel Tank or apparatus such as outriggers on the equipment may hang as low as 9" from the ground. The remaining clearance should be more than adequet. II I __� 1.00 f, 6.00 �C) �(D ( � �(D SACRAMENTO RT. 0 0 4.34 1.00 Neighborhood Traffic Management Program 00 L-Li 00 4.26 i i 6.00 0.29 12.00 Speed Lump 1.00 6.00 00 o TITLE: Tire Widths d Vehicle Clearances Speed Lump REVISION DATE:10/11/99 Department o� PUBLCWM s°ncn�vventu r Mid -Block Speed Control: Chicanes and. Speed Humps by John C. Marek and Shauna Walgren ��il ; SPEED HUMPS In 1993, the City of Seattle began experimenting with speed humps.. Similar to other jurisdictions, Seattle tested 2 types of humps, the Seminole and Watts style humps. The Seminole humps have six foot long ramps rising to a ten foot long, three inch high, level center. The Watts humps are12 feet long with a three inch rise in the center.. Both styles of humps extend the width of the roadway and taper for drainage at the curbs or street edge Seattle has installed a series of speed humps at eight locations. This section will present information on the following four case studies: • Fremont Avenue N between N 105th Street and N 112 Street • First Avenue NE between NE 85th Street and NE 92"d Street • 18tt' Avenue SW between SW Myrtle Street and SW Dawson Street • 21St Avenue SW between SW Myrtle Street and SW Dawson Street Fremont Avenue N In February of 1993, four Watts speed humps were installed on Fremont Ave. N. The installation was part of a test conducted by the City to determine the effectiveness of speed humps. The location was chosen because of excessive speeds and cut -through traffic. In addition, the intersections along this route were not typical four-way intersections where traffic circles could be installed. The humps were installed 326 feet to 553 feet apart on this level, 22.6 foot wide asphalt street. Each hump was marked with chevron striping and an advanced warning sign. Posts were installed on the shoulder at those locations where motorist might attempt to drive around the hump. First Avenue N In conjunction \Mth the installation of speed humps on Fremont Ave. N, First Ave. N was also selected to participate in the City's testing of speed humps. Similar to Fremont Ave. N, the community was. concerned with excessive speeds and cut -through traffic. In February of 1993, four Seminole speed humps were installed on this level, 23.3 foot wide street. The humps were spaced 371 feet to 482 feet apart. 18th Avenue SW As part of an operational plan for the neighborhood, .the City of Seattle considered installing traffic control devices on 18th Ave. SW between SW .Myrtle St. and SW Dawson St. This 19.7 foot wide asphalt street was experiencing cut -through traffic as motorists used the street to bypass a nearby parallel arterial. Because of the relatively few number of intersections on this route; speeds were high and traffic circles were eliminated as an option. In 1994, ten Watts humps were installed 330 feet to 973 feet apart. 21st Avenue SW In conjunction with the speed humps installed on 18th Ave. SW, speed humps were also installed on 21 st Ave. Similar to 18th Ave. SW, the community was concerned with excessive speeds and cut -through traffic from motorists bypassing the nearby arterial. In 1994, 12 speed humps were installed on this street. Ten of these were the Watts style and two were the Seminole style. The humps were spaced 371 feet to 482 feet. apart on this level, 23.3 foot wide street. SUMMARY OF SPEED HUMP RESULTS Table 4 illustrates the results of before and after speed studies taken between speed humps. The table illustrates that reduction in speeds between humps is similar for the Seminole and Watts humps. The Seminole humps on 1st Ave. NE reduced the 85tn Percentile speeds by 2 to 6 mph. Similarly, the Watts humps produced a consistant decrease in speeds of 4 to 7 mph. C.,aort Ror-0oon+inrs Rafiniaan (�naarl Wimp After Installation -- SPEEDS BETWEEN THE SPEED HUMPS 85 Percentile Location Type of Speed Hum Direction Before (mph) After (mph) Reduction 1 Av NE Seminole North 38 36 2 mph 5% South 41 35 6 mph 15% Fremont Av N Watts North 35 29 6 mph 17% South 35 31 4 mph 11 2.1..Av_S_W_ __._. Mixed North 36 30 6 mph 17% South 35 29 6 mph 17% 18 Av SW Watts North 1 38 1 31 7 mph 18% South 35 1 29 6 mph 17°l0 Table 5 shows the speed at which motorists travel over the speed humps. This table shows that the Watts style speed humps, installed on Fremont Ave. N, appear to be more effective at reducing speeds at the hump. The Watts humps decreased speeds at the hump by 11 mph compared to the Seminole humps speed reduction of 9 mph. Table 5. Speeds On and Between Speed Humps Speeds (mph) Speed Humps Before Speed On humps 1 Av NE 38 29 Freemont Av N 35 1 24 VOLUMES Traffic volume studies were conducted before and after speed hump installation. The results of the changes in the AWDT are shown on Table 6. These results indicate that volumes were significantly reduced at two locations, Fremont Ave. N and 21st Ave. SW. Watts humps were installed at both of these locations. The reduction in volume on Fremont Ave. N may have been caused by the relatively easy alternative arterial routes. The Seminole humps installed on First Ave. NE appear to have had little effect on volumes. Because these locations did not appear to have alternative non -arterial routes, any traffic diverted was assumed to have moved to the arterial routes. Table 6. Volume Reduction After Speed Hump Installation Volumes at Speed Hump Locations Average Weekday Traffic AWDT Location Type of Speed Hum Before After Reduction 1 Av NE Seminole 475 433 9% Fremont Av. N Watts 1506 859 43% 21 Av SW Mixed 879 1 632 28% 18 Av SW Watts 1359 1343 1 % 5 P ri CITY OF RENTON COUNCIL AGENDA BILL AI f/: <j - i V',� Submitting Data: Planning/Building/Public Works For Agenda of: M' ay 24, 2004 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plat. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Report & Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other.. ...... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a 15-foot radius (approx. 41.0 sq.ft.) at the corner of NE 5' Place and Index Place NE. The dedication is a City of Renton code requirement of the Sierra Homes Short Plat, LUA03-111, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 722780-0625 Project File #: LUA-03-11 I-SHPL Street Intersection: Index PI NE/NE 5 h PI Reference Number(s) of Documents assigned or released. Additional reference numbers are on page Grantor(s): Grantee(s): 1. Sierra Homes, Inc. 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) Intersection radius at NE 5u' PI and Index PI NE, area of dedication being a portion of Lot 6 in Block 23, of corrected plat, Renton Highlands, No. 2, recorded in Volume 57 Of Plats, Pages 92 through 98 in King County, Washington. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King; State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: r tor(s) Grantee(s): Cityof Renton ��tE�rtC� Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: deed _. Page INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM 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, 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 +9 S j, before me personally appeared , C1 to me known to �\ ( K. G'� •�� be — of the corporation that •�O ••• P ,.• •' E • •.,�� �.�� kp 'y executed the within instrument, and acknowledge the said instrument to be the free •' R�•' o�M '� and voluntary act and deed of said corporation, for the uses and purposes therein �O �c mentioned, and each on oath stated that helot -vas authorized to execute said ;may o instrument and that the seal affixed is the corporate seal of said corporation. M 0-a:oa °o.,�"QT WPS��•`• No ry Public in d for the State of Washington aOF Notary (Print) mut My appointment exAires: 0 J'q Dated: 0 �" I i n1; deed - Page 2 Project: Exhibit A WO# Legal Description PID GRANTOR: Street: RIGHT-OF-WAY DEDICATION TO CITY OF RENTON A PORTION OF LOT 6 IN BLOCK 23, OF CORRECTED PLAT OF RENTON HIGHLANDS NUMBER 2, RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 44043'02" EAST ALONG THE EASTERLY LINE SAID LOT 6, SAID LINE BEING ALSO THE WESTERLY RIGHT-OF-WAY MARGIN OF INDEX PLACE NE, A DISTANCE OF 14.06 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE TO THE NORTH, HAVING A RADIUS OF 15.00 FEET, THE CENTER OF WHICH BEARS NORTH 45016'58" WEST; THENCE WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 22.39 FEET, THROUGH A CENTRAL ANGLE OF 85030' 19" TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 494.81 FEET, THE CENTER OF WHICH BEARS SOUTH 40° 13' 21' WEST, SAID CURVE BEING THE NORTHERLY RIGHT-OF-WAY MARGIN OF NE 5"H PLACE; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY MARGIN OF NE 5' PLACE AN ARC LENGTH OF 13.85 FEET, THROUGH A CENTRAL ANGLE OF 01036' 15" TO THE MOST SOUTHERLY POINT OF SAID LOT 6 AND POINT OF BEGINNING. BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. DEED.DOC Page-3 CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 52.09 494.81 6'01'55' C2 75.92 494.81 8.47'28' C7 LOT 1 L-52.09' / R-494.81' A-06'01'55' C LEN-52.07' BRG-S 59'58'50' E c� URe 1?'••'�oF w s' 0 111332 �qp GNAL LAB EXPIRES 11/30/0+ N 88*1 V27' E L4T 6 LOT 2 1" W C2 L-13.85' R-494.81' 4-0138'15" / C LEN-13.85' BRG-S 48;58'32" E X I N 41'49'36' E 494.81' P.O.B V� 15P "vz 44'43'02' E 2 Lo o co v U 4 4w L-85.26' R-105.00' A-46'31'35' C LEN-82.94' BRG-S 21-27'15' W --_S 44*43*02" W 14.06' SITE 41.0 SQUARE FEET Baima & Holmberg Inc. ENGINEERS & SURVEYORS 100 FRONT STREET SOUTH ISSAQUAH. WASHINGTON 9a027 (425) 392 - 0250 DEDICATION OF RIGHT-OF-WAY AREA TO CITY OF RENTON MAP EXHIBIT SE'/, OF SW Y. OF SEC. 9, TWP. 23 N., RNG. 5 E., WM REPORT C�c DECISION City of Renton Department of Planning / Building / Public Works ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST. REPORT DATE: January 15, 2004 Project Name Sierra Homes Short Plat Owner/Applicant: Sierra Homes P.O. Box 59566 Renton, WA 98058 Contact: Darrell Offe Offe Engineers 13932 SE 1591h PL Renton, WA 98058 File Number LUA-03-111, SHPL-A Project Manager I Susan A. Fiala, AICP Project Description Administrative Land Use Action (Short Plat Review) for the two -lot subdivision of a 0.26- acre site located in the Residential — 8 Dwelling Unit Per Acre (R-8) Zone. A single family home currently exists on the subject site and will remain on new Lot 1. Project Location 2912 NE 5`h Place �47 TN ��: Project Location Map shplrpt_Sierra. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owner of Record: Sierra Homes P.O. Box 59566 Renton, WA 98058 2. Zoning Designation: Residential — 8 du/ac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: The site has a single family residence proposed to remain on new Lot 1. 5. Neighborhood Characteristics: North: Single and Multi Family Residential (R-10 zone) East: Single Family Residential (R-8 zone) South: Single Family Residential (R-8 zone) West: Single Family Residential (R-8 zone) 6. Access: 7. Site Area: Via NE 5th Place 11,225 square feet / 0.26 acres C. HIS TORICAUBA CKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 02/20/1995 Zoning N/A 4404 06/07/1993 Annexation N/A 1246 04/16/1946 D. PUBLIC SERVICES: 1. Utilities Water: There is a 6-inch Cast Iron water main in Index Place NE. There is also a 10-inch water main in NE 5th Place. Derated fire flow available at the site is modeled at 2,600 gpm. Static Water pressure is 55 psi. Pressure Zone is 435. The site is outside the Aquifer Protection Zone. Sewer: There is an 8" sewer main in NE 5th Place. Surface Water/Storm Water: There are existing constructed storm water facilities along the frontage of NE 5th Place. 2. Streets: The street frontage of this site is partially improved. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards shplrpt Sierra. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 3 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element — Residential Single Family 2. Housing Element G. DEPARTMENT ANALYSIS: 1. Protect Description/Background The applicant, Sierra Homes, proposes to subdivide a 0.26-acre (11,225 square feet) parcel into two lots. The property currently contains a 1,299 square foot single family residence which will remain on new Lot A (for consistency staff will rename this as Lot 1 and Lot B will be Lot 2). Lot sizes proposed are: Lot 1 at 5,238 square feet and Lot 2 at 5,987 square feet. The proposal for eventual development of one new single family residence and the remaining residence on the two lots would arrive at a density of 7.76 dwelling units per net acre (du/ac). The allowed density range in the R-8 zone is a minimum of 5.0 to a maximum of 9.7 dwelling units per acre for lots one-half an acre or less in net size. Both lots would gain access directly to NE 5th Place. Each lot would have a separate driveway. The topography of the subject site is basically flat except for the northeast corner of the site which slopes up to 29.0% and is supported by a concrete wall and is beyond the building pad for the new residence. The north and east perimeters are vegetated with trees of which seven trees would be removed for proposed construction. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The RSF designation is intended to promote and enhance single family neighborhoods. The proposal is consistent with the RSF designation in that it would allow for the future construction of new single family homes, thereby promoting goals of infill development. The proposal is consistent with the following Comprehensive Plan Land Use and Housing Element policies: Policy LU-34. Net development densities should fall within a range of 5 to 8 dwelling units per acre in Residential Single Family neighborhoods. The proposed project for two lots would arrive at a net density of 7.76 dwelling units per net acre which is within the allowable range for parcels smaller than one half acre which permits density up to 9.7 dwelling units per acre. Policy LU-35. A minimum lot size of 4,500 square feet should be allowed in single family residential neighborhoods except when flexible development standards are used for project review. Both lots exceed the minimum lot size of which the smaller lot is 5,238 square feet. Policy LU-36. Allow development at 9.7 dwelling units per acre on infill parcels of one acre or less as an incentive to encourage single family small lot development on 4,500 sq. ft. lots. The shplrpt_Sierra. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 4 proposed short plat would be located on a site that is less than one-half acre and would have a density of 7.76 dwelling units per acre. Policy H-4. Encourage infill development as a means to increase capacity. The proposal would create one additional lot, thereby slightly increasing density within a currently developed residential area. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single family dwelling unit. The allowed density range in the R-8 zone is a minimum of 5.0 to a maximum of 9.7 dwelling units per acre for lots one-half an acre or less in net size. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way and private easements serving three lots or more from the gross acreage of the site. The property does not contain any sensitive areas nor . areas required for right-of-way dedication. Based on two lots, net density would arrive at 7.76 dwelling units per acre, which is within the allowed range for parcels less than one-half acre. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size and lots 5,000 square feet or less are allowed a. maximum of 50% lot coverage. New Lot 1 where the existing single family residence would remain has a lot coverage of 24.8 percent which complies with the development standard. Setbacks in the R-8 zone are as follows: front yard is 20 feet, side yard is 5 feet, side yard along a street is 15 feet and the rear yard is 20 feet. Based on the proposed subdivision, new Lot 1 would maintain its front yard facing toward NE 5ch Place. Although, no setbacks were shown on the submitted drawings, it appears that new Lot 2 would meet all required yard setbacks and provides adequate buildable area. The front yard setback of new Lot 2 would face NE 5th PL and be 20 feet and the side yard along a street would face Index PL NE and be 15 feet. Compliance with these standards will be verified at the time of building permit submittal and review. Each lot would have adequate area to provide two off-street parking spaces as required by the parking regulations. The R-8 zone permits accessory structures only when associated with a primary structure located on the same parcel. The outbuildings that currently exist on the site would remain on new Lot 1 associated with the existing house. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. NE 5th Place and Index PL NE are required to be fully improved. There are some improvements on NE 51h Place. The Subdivision Regulations require the installation of street improvements, including curb, gutter, and sidewalk, along the site's street frontages (RMC section 4-6-060), unless previously installed, waived or deferred through the City of Renton Board of Public Works. The applicant has not yet requested a waiver or deferral. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. The one new lot (credit given for the existing residence) is expected to generate approximately 9.57 new average weekday trips per lot. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 lot = $717.75) and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-8 zone is 4,500 square feet. The proposed plat would create two lots, which are proposed as: Lot 1 at 5,238 square feet and Lot 2 at 5,987 square feet. The proposed lot sizes are compatible'with other existing lots in this area under the same R-8 zoning classification. shplrpt Sierra.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 5 The proposed lots also comply with the R-8 requirements for minimum lot width (50 feet for interior lots and 60 feet for corner lots). The minimum lot depth of 65 feet is achieved by the two lots and thus complies with these development standards. The new lot appears to have adequate building area for the construction of a single-family residence when taking setbacks and lot coverage requirements into consideration. The size, orientation and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. d) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way (NE 5th Place). The existing house to remain on new Lot 1 has a gravel surfaced driveway. New Lot 2 would have a separate driveway accessed via NE 5th Place. The site has two street frontages, NE 5th PL (some improvements) and Index PL NE which are to be improved with curb, gutter and sidewalk, unless deferred or waived by the Board of Public Works. For more information, see discussion within section on Streets under "Compliance with Subdivision Regulations" above. Topography: The topography of the site is nearly flat except for the northeast corner of the site which has slopes up to 29.0% with a vertical rise of approximately 6 feet. This area is supported by a concrete wall and is beyond the building pad for the new residence on new Lot 2. The north and east perimeters of the site are vegetated with mature,trees of which seven trees would be removed for proposed construction. Due to the potential impacts of erosion and sedimentation form project construction, staff recommends the following erosion control measures as conditions of project approval: 1. Prior to any construction activities on the site, Temporary Erosion and Sedimentation Control (TESC) shall be installed and maintained according to the standards set -forth in the Department of Ecology Erosion Control Standards. 2. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in of the King County Surface Water Design Manual. This will be required during the construction of both off -site and on -site improvements as well as building construction. Relationship to Existing Uses: The properties surrounding the subject site are designated Residential — 8 Dwelling Units Per Acre (R-8) and Residential —10 Dwelling Units per Acre (R-10) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential i nfill development. e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single family lot with credit given for the existing single family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488.00 x 1 new unit = $488,00) and is payable prior to the recording of the short plat. Recreation: The proposal does not provide on -site recreation areas for future residents of the proposed short plat. The project would contribute to the demand for future new recreational facilities. This fee would go towards creating recreational facilities that may be utilized by future residents. Therefore, staff recommends that a Parks Mitigation Fee be required. A Parks Mitigation Fee of $530.76 per new single family lot is recommended prior to the recording of the short plat. Credit w ould b e g iven f or t he e xisting s ingle family residence. The fee is estimated at $530.76 ($530.76 x 1 new lot = $530.76) and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single family residential dwelling. Based on the student generation factor, the proposed short shplrpt Sierra.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 6 plat would not even result in one additional student (0.44 X 1 = 0.44) to the local schools (Highlands Elementary, McKnight Middle School and Renton High School). However, it is anticipated that the Renton School District can accommodate any additional students generated by this proposal. Storm Water. There are storm drainage improvements fronting the site on NE 5'h Place. A storm and surface water drainage plan and report per the 1990 King County Surface Water Design Manual (KCSWDM) is required. A Level 1 downstream analysis was submitted and appears to cover the core requirements of the KCSWDM. The System Development Charge will be at the current rate of $715.00 per new single family residence. Current charges would be for one lot x $715.00 per lot = $715.00 and is payable prior to the issuance of the utility construction permit. Water and Sanitary Sewer Utilities: Water service stub(s) are required to be provided to each building lot prior to recording of the short plat. A system development charge of $1,525.00 per single family lot is required and payable at the time of issuance of a utility construction permit. An eight inch (8") sewer main exists within NE 5th Place. Dual side sewers are not allowed. The new lot must be served with an individual side sewer. Sewer stub -outs must be installed prior to the recording of the short plat. A System Development Charge of $900.00 per each new lot is required. This fee is payable at the time of issuance of a utility construction permit. The parcel is also located within the East Renton Interceptor SAD which requires fees be paid per lot. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Sierra Homes Short Plat, File No. LUA-03-111, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family (RSF) land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential Single Family - 8 (R-8) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single and Multi Family (zoned R-10); East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West: Residential Single Family (zoned R-8). 7. Setbacks: The setbacks for future development on the proposed lots would be evaluated based on the standards applicable to lots along streets existing as of March 1, 1995. The front yard setback of new Lot 2 would face NE 5th PL and be 20 feet and the side yard along a street would face Index PL NE and be 15 feet. 8. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the new single-family residence as part of the construction permit. 9. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lot. In addition, all fire hydrants serving the plat must be fitted with Storz fittings. shplrpt Sierra. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 7 1. Conclusion: The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions are complied with. 3. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions are complied with. 4. The proposed two lot short plat complies with the street standards as established by city code, provided the applicant constructs the required street improvements along NE 5th Place and Index Place NE or receives a waiver or deferral from the City's Board of Public Works. J. DECISION: The Sierra Homes Short Plat, File No. LUA-03-111, SHPL-A, is approved subject to the following conditions: The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. Prior to any construction activities on the site, Temporary Erosion and Sedimentation Control (TESC) shall be installed and maintained according to the standards set -forth in the Department of Ecology Erosion Control Standards. 3. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in of the King County Surface Water Design Manual. This will be required during the construction of both off -site and on -site improvements as well as building construction. 4. The applicant shall pay the required Fire Mitigation Fee equal to $488.00 per new single family lot with credit given for the existing single family residence. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 5. The applicant shall pay the required Parks Mitigation Fee equal to $530.76 per new single family lot with credit given for the existing single family residence. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: ...,A ?_� 1 Gregg A. ZimejmaffXIBIPW Administrator decision date shplrpt Sierra. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 8 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. 1. See attached memo and estimated fee review. 1. If the building square footage exceeds 3,600 sq. ft. in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. Plan Review— Storm/Surface Water 1. A Surface Water Development Charge of $715.00 is payable at the time of issuance of the utility construction permit. 2. A storm and surface water drainage plan and report (per the 1990 King County Surface Water Manual; see the seven Core requirements) is required. The Level -One Downstream analysis submitted with this Short Plat application sufficiently covered the core requirements. Plan Review — Sewer 1. A Sewer System Development Charge of $900.00 is payable at the time of issuance of utility construction permit. 2. This parcel is within the East Renton Interceptor Special Assessment District. Fees associated with the district are $224.52/lot + interest (to a maximum of $316.80/lot). 3. A separate side sewer connection to each new building lot. Sewer stub -outs shall be installed prior to the recording of the short plat. No dual side sewers are allowed. Plan Review — Water 1. A Water System Development Charge of $1,525.00 is payable at time of issuance of a construction permit. 2. All new construction must have a fire hydrant capable of delivering a minimum of 1000 gpm and must be located within 300 feet of the structures (as measured along a travel roadway and access driveway). Verification of sufficient fire flow to the site in required. Any existing fire hydrants will be required to be retrofitted with a quick disconnect Storz fitting. 3. A separate water service is required to serve each dwelling unit (prior to recording short plat document). 4. If a fire sprinkler system is required, a separate utility permit and separate plans will be required for the installation of the double detector check valve assembly. Plan Review — Streets/Transportation 1. City of Renton code requires that frontage (along the frontage of the parcel with NE 5th Street and along Index PL NE) improvements be installed as a condition of recording a subdivision of 2-4 lots. Street improvements may include the following: pavement, curb, gutter, and sidewalk. TRANSMITTED this 15th day of January, 2004 to the owner/applicant: Sierra Homes P.O. Box 59566 Renton, WA 98058 TRANSMITTED this 15th day of January, 2004 to the contact: Darrell Offe Offe Engineers 13932 SE 159°i PL Renton, WA 98058 TRANSMITTED this 151h day of January, 2004 to the parties of record: Catherine Bellipanni 505 Index Ave NE Renton, WA 98056 shplrpt_Sierra. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 15, 2004; PROJECT LUA-03-111, SHPL-A Page 9 TRANSMITTED this 15" day of January, 2004 to the following: Larry Meckling, Building Official L. Rude, Fire Marshal Neil Watts, Development Services Director Jennifer Henning Jan Conklin Carrie Olson Lawrence J. Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on February 2, 2004. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430- 6510.. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. shpirpt_Sierra. doc CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Development Services Division Staff Contact...... Arneta Henninger X7298 Subject: RENTON PLACE DIVISION III FINAL PLAT File No.: LUA 04-032FP (Preliminary Plat LUA 00- 047) Exhibits: 1. Resolution and legal description 2. Staff report and Recommendation May 14, 2004 Recommended Action: Council concur Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Project Budget N/A Al N: For Agenda of: May 24, 2004 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ X Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept ......... X Finance Dept...... Other ............... Transfer/Amendment...... . Revenue Generated......... City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 1.49 acres into 11 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Renton Place Division III Final Plat, LUA 04-032FP, with the following conditions and adopt the resolution. 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. I: \Projects\RENTONPL3AGNB.doc/ CITY OF RENTON, WASIIINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (RENTON PLACE DIVISION III; FILE NO. LUA-04-032FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 1.49 acres, is located in the vicinity of Maple Avenue NW, Lind Avenue NW, and NW 3Td Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1045:5/18/04:ma day of , 2004. Bonnie I. Walton, City Clerk day of 72004. Kathy Keolker-Wheeler, Mayor 2 EXHIBIT "A" Tract 45, N.H. Latimer's lake Washington plat, as per plat recorded in volume 6 of plats, page 70, in king county, Washington; Together with the south '/z of the portion of vacated south 129" street adjoining; Together with portion of vacated northwest 3rd street adjoining as vacated by city of Renton ordinance no 4259; Situate in the city of Renton, county of king, state of Washington, RENTON PLACE III z W Q Q> Q S. z o 128TH ST. W NW 4TH ST I- d- �F/Ij� 00 w NW 3RD ST o NW 2ND ST SITE RENTON F SUN g�VDw SW GRPDy WPC 405 rNBL, INC 2215 NORTH 30TH STREET, STE. TACOMA, WA 98403 253-383-2422 S. 2ND ST. S. 3RD ST 2 w � S. 19TH ST. WE Ul v'�N 2 *AHBLB s O 0 VICINITY MAP SCALE: 1 "=1 MILE PARCEL 4204400206Lou U K L M , lE A. „J N 180 9 N01'4 12973: "^.sr<`C^a...,:-...,,,,,�. .. .rt�"'� 1�F�'f.��".' ��tF.a'-c.h''• r ' } i ` ` L :+'f—�.�\r.r.- •S'+'� 4.5 a' a F p''+fif,xfa r n.� __'_._�...... :. '+'r-'F +t n+ T y`�rya. '�•...1., �x K`•zi&! 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I 99 _ 7488.54 6989.30 AREA — I AREA t I i kOTECiD SLOPt 4992.36 7488.5E L I fT — EASEMENT AREA = r; i, L 499.24 qn.1 44 � N� .3-�! £� � .E`r%�4� � 8 � a � ��" �� 1�- Y.._ ..0 •1F K'l ��,�.» 4 __T 'i 1 1' � ,_'_ a ,J7„J"• J e r, �ti s �` ;" n a o'r�,��)9�,�.i5^,s' r aae t , Y :1 k f' YM•ky, p;. )�i ry;;'A - j ,, re $_ 976.76 _ .4 — �a DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON T AND RECOMMENDATIONS LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Jack McCann Company Renton Place Division III Final Plat (Preliminary Plat LUA 00-047PP) File: LUA 04-032FP Jack McCann Company Section 18, Twp. 23 N. Rng. 5 E. Final Plat for 11 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. 2. 3. 4. 5. 6. 7. 8. 9. The applicant, Jack McCann Company, filed a request for approval of an 11 lot Final Plat. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on July 18, 2000, for the subject proposal. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at Jack McCann Company. The new plat is located in Section 18, Twp. 23 N. Rng. 5 E. The subject site is a 1.49 acre parcel. The Preliminary Plat received City of Renton Council approval on March 26, 2001. The majority of the property is located within the R-8 zoning designation. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. Site construction shall be limited to the months of April IS' through October 31" The site development plans were approved on September 2003. Site construction occurred in late September and October 2003. Several time extensions were requested and granted through City of Renton Development Services with construction being complete in January 2004. 2. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in section d.4.3.1 of the King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off -site and on -site improvements as well as building construction. During construction of the on -site and off -site improvements, a silt fence was placed along the down -slope perimeter of the site and areas being disturbed. Other erosion control BMPs were also installed during site construction, as detailed on the site development plans. Additional silt fence will be required during home building construction. 3. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction or drainage swales shall conform to the specifications presented in section 4.4.1 of the SWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off -site and on -site improvements as well as building construction. A temporary drainage swale and other erosion control BMP have been implemented during construction of both on -site and off -site improvements. Similar erosion control BMW will be required during home building construction. 4. The applicant shall apply straw mulch to exposed or disturbed areas every day that clearing, grading and /or construction activity occurs on the site. The applicant has implemented the erosion control and source control BMPs as detailed on the approved site construction drawings. S. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. The Contractor implemented the erosion control and source control BMPs during construction of both on -site and off -site improvements. Future erosion and sedimentation control BMPs will also be required during future home building construction. 6. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. RENTONPLACEDIVISIONIIIFP.DOC/ Ongoing reports on the status of the erosion control plan have been submitted by the project Engineer to the public works inspector. The Project Engineer (Matt Weber, AHBL, Inc.) performed numerous site inspections during construction. In addition, the City of Renton Public Works Inspector performed numerous site inspections. The improvements have been inspected by the Project Engineer as well as the City of Renton for compliance with the approved site development drawings. All improvements appear to be installed per plan and functioning adequately. In addition, a set of record drawings has been submitted to the City of Renton. 7. The applicant shall follow the recommendations of the geotechnical engineers, Nelson- Couvrette & Associates, Inc, in their report, dated March 13, 2000, during project design and. construction. The applicant and his contractor have followed the recommendations of the geotechnical reports that have been prepared for this project. In addition to the Nelson-Couvrette & Associates, Inc. report, dated March 13, 2000, additional geotechnical evaluation and testing has been performed during project design and construction. 8. Houses on the new parcels within this plat shall have approved sprinkler systems installed. The future houses within this plat are to have approved sprinkler systems installed. Each water service for each lot has been adequately sized to accommodate a future house fire sprinkler system. 9. The applicant shall pay the applicable Transportation Mitigation Fee at the rate of $75.00 per each new average weekday trip attributable to the project, estimated to be 9.55 average weekday trips per new residence. The Transportation Mitigation Fee is due prior to the recording of the plat Transportation Mitigation Fees have been paid. 10. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $488.00 per each new single family residential lot created by the proposed plat. The fee is due prior to the recording of the plat. Fire Mitigation Fees have been paid. 11. The applicant shall pay the appropriate Parks Mitigation Fee at the rate of $530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. Parks Mitigation Fees have been paid. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. Compliance with ERC Mitigation Measures: The applicant is required to comply with the Mitigation Measures, which were part of the Environmental Review Committee Threshold Determination. The applicant has complied with the Mitigating Measures which were part of the issued Environmental Review Committee (ERC) Threshold Determination. RENTONPLACEDIVISIONIIIFP.DOC/ 2. The applicant shall either draft and record a Homeowners' Association or a maintenance agreement for the maintenance of all common improvements, including private stormwater facilities and utility and other easements, and other common areas. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the final plat. The applicant has prepared a Homeowners' Association Agreement for maintenance of all common improvements. A draft of the CC&R was enclosed with the final application and was reviewed by the City Attorney. The CC&R will be recorded prior to recording of the final plat. 3. The applicants shall submit a detailed grading plan that complies with the Nelson-Couvrette geotechnical report recommendations, the Conclusion of Law No. 7 above regarding rockeries, and that indicates the location of building pads (or building envelopes) for Lots 2 and 4. The detailed grading plan shall be subject to review and approval by the Development Services Department. Compliance with this condition shall precede recording of the final plat. The Applicant has complied with the recommendations contained in the Nelson- Couvrette geotechnical report, as well as supplemental geotechnical recommendations from investigations performed during the final engineering design. The site development plans prepared for the project show proposed location of building pads for all lots including proposed finish floor elevations. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 14TH DAY OF MAY, 2004 l 000 DEVELOPMENT SERVICES DIV191ON RENTONPLACEDIVISIONIIIFP.DOC/ CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works For Agenda of: May 24, 2004 Dept/Div/Board.. Development Services Division Staff Contact...... Arneta Henninger X7298 Agenda Status Consent .............. X Subject: Public Hearing.. JACQUES 24TH ST FINAL PLAT Correspondence.. File No.: LUA 04-019FP (Preliminary Plat LUA 00- Ordinance ............. 127) Resolution ............ X Old Business........ Exhibits: New Business....... 1. Resolution and legal description Study Sessions...... 2. Staff report and Recommendation May 14, 2004 Information......... Recommended Action: Council concur Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Proiect Budget N/A SUMMARY OF ACTION: Approvals: Legal Dept ......... X Finance Dept...... Other ............... Transfer/Amendment...... . Revenue Generated......... Share Total The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 1.78 acres into 11 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Jacques 24th St Final Plat, LUA 04-019FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. I : \ProjectsUACQUES24THSTAGNB. doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (JACQUES 241h ST.; FILE NO. LUA-04- 019FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the PlanningBuilding/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 1.78 acres, is located in the vicinity of Camas Avenue NE and NE 24111 Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 72004. Approved as to form: Lawrence J. Warren, City Attorney RES.1046:5/18/04:ma Kathy Keolker-Wheeler, Mayor FA "EXHIBIT A" LEGAL DESCRIPTION: THE WEST HALF OF TRACT 223, C.D. HILLMAN'S LAKE WA. GARDEN OF EDEN ADDITION TO SEATTLE DIVISION NO.4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. VICINITY MAP: o NTS N-281h St rN-27th-Pl—f- - - 6 =' NA 28th st Tx _ 2 x•,Se 11_26th St o �e25th PI E etiiiyixl� a , `' v Pd 24tn St :> PJs 241h Stt-- +'} i` ._. ( 23tdStl o jb- � '1 o r ` 'SITE -- _ - --s- �� a rt un = Ne 19Sd 1'1 D No 17ih PI a 00, a� s� tJe 1,61h St _. D ¢�3a� x c Z i W `. •+�}�3 z`��3 < x.'. F•1%- 1dCil St D m S No 13th PI ''f ! t 7lR0.1 w-y< l ¢ No 12th" t O Aw. 21 TH ST._ SCALE.• 1" = 100' EXHIBIT PREPARED FOR: JAMES H. ✓ACQUES C x - CRONES & ASSO . b A LAND SURVEYOR:' I MM 18 M A . SL AFM/. M ma (4m) 4m-a w SHEET 1 OF 1 05112104 DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: James Jacques Construction LLC Jacques NE 24th St Final Plat (Preliminary Plat LUA 00-127PP) File: LUA 04-019FP LOCATION: NE 24th St and Camas Ave NE Section 5, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 11 single family residential lots with water, sewer, storm, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 2. 3. 4. 5. 6. a The applicant, James Jacques Construction LLC, filed a request for approval of an 11 lot Final Plat. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on November 7, 2000, for the subject proposal. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at Camas Ave NE and NE 24th St. The new plat is located in Section 5, Twp. 23 N. Rug. 5 E. The subject site is a 1.78 acre parcel. The Preliminary Plat received City of Renton Council approval on April 9, 2001. The property is located within the R-8 zoning designation (single family - 8 dwelling units/acre). The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in of the King County Surface Water Design Manual This will be required during the construction of both off -site and on -site improvements as well as building construction. Silt fencing has been installed, in conformance with the specifications presented in the King County Surface Water Design Manual, along the area that is to be disturbed. This silt fencing will be maintained throughout plat infrastructure and building construction. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in KCSWDM. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off -site and on -site improvements as well as building construction. Swales have been installed to intercept surface water flow and route flow away from the construction area to a stabilized discharge area. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. The project contractor has performed daily checks and necessary maintenance of all erosion and sedimentation control measures at the site on all construction. The City of Renton's inspector has also been on site periodically to verify maintenance of these TESC measures. 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. Ongoing reports on the status of the erosion control plan have been submitted by the project Engineer to the public works inspector. 5. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 per each new trip attributable to the project, estimated to be 9.55 average weekday trips per new residence. The Transportation Mitigation Fee is due prior to the recording of the plat. The mitigation fees will be paid prior to recording the plat. 6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family residential lot created by the proposed plat. The fee is due prior to the recording of the plat. The mitigation fees will be paid prior to recording the plat. JACQUES24THSTFP.DOC/ 7. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. The mitigation fees will be paid prior to recording the plat. 8. The water quality treatment and detention shall be designed to be in compliance with the King County Surface Water Design Manual. The system will require retention of the 100- year storm plus thirty percent (30%) for safety factor. The surface water detention system has been designed to provide detention for the 100- year storm event with a 30% safety factor. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. Compliance with ERC Mitigation Measures: The applicant is required to comply with the Mitigation Measures, which were required by the Environmental Review Committee Threshold Determination. The applicant stated that all mitigation fees would be paid when mylars are submitted. 2. The applicant shall either draft and record a Homeowners' Association or a maintenance agreement for the maintenance of all common improvements, including private stormwater facilities. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the final plat. The maintenance agreement shown on the face of the plat has been reviewed and approved by the City Attorney. 3. The applicant shall achieve an agreement with the eastern neighbor to assure that any grade transition for the new road is safe and stable. Both project applicants have complied with this item. 4. The City, applicant and eastern neighbor shall work to achieve appropriate alignment and location for utilities so that they may be used by the lot east of the subject site. City staff, both applicants and the engineer have all worked together to achieve alignment on both projects. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 14TH DAY OF MAY, 2004 DE LOPMENT ftRVICES DM§IdN JACOUES24THSTFP.DOC/ CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. HEARING EXAMINER. Staff Contact... Fred J. Kaufman, ext. 6515 SUBJECT: Heritage Glen Preliminary Plat File No. LUA 03-044, ECF, PP EXHIBITS: Hearing Examiner's Report and Recommendation Legal Description FOR AGENDA OF: 5/24/2004 AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Council Concur Finance Dept.... Other........... FISCAL IMPACT: N/A Expenditure Required... Transfer/Amendment.. Amount Budgeted........ Revenue Generated... OF ACTION: The Hearing Examiner's Report and Recommendation on the Heritage Glen Preliminary Plat was published on April 15, 2004. The appeal period ended on April 29, 2004. The Examiner recommends approval of the proposed preliminary plat, subject to the conditions outlined on page 8 of the Examiner's Report and Recommendation. This office notes that the conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Staff recommends approval of Heritage Glen Preliminary Plat April 15, 2004 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: Sara Slatten Camwest Development 9720 NE 120°i Place, Ste. 100 Kirkland, WA 98034 Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF LOCATION: 1832 — 2008 NE 20"' Street SUMMARY OF REQUEST: Subdivide an approximately 6.38 acre site into 37 lots suitable for detached, single family houses. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 16, 2004. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 30, 2004 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, March 30, 2004, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4: Boundary & Topographic Survey Exhibit No. 5: Tree Cutting/Land Clearing Plan Exhibit No. 6: Preliminary Grading and Utility Plan Exhibit No. 7: Zoning Map (shows Gordley property) Exhibit No. 8: Camwest presentation Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 2 The hearing opened with a presentation of the staff report by Jason Jordan, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located north of NE 20"' Street and west of Aberdeen Avenue NE. There are four separate tax parcels with four separate property owners, Timothy Chamberlin, Vivian Weigel, Charles & Lenora Gibson, and Michael & Jeanni Blonski. The applicant has requested an Environmental Review and Preliminary Plat Approval for a 37-lot subdivision of a 6.38-acre site within the Residential — 8 (R-8) zoning designation. Access to the site is proposed via NE 20'h Street. From NE 20°i Street applicant proposes a 42-foot public right-of-way that travels north and then "T's" out and terminates in two cul-de-sacs. The majority of the lots in the plat would gain access off of the new right-of-way, Road A, which has not been named yet. Proposed Lot 25 would gain its access from NE 20"' Street. The site also contains a small portion of a Category 2 Wetland Buffer, located near the southwestern corner of the property. The edge of the wetland is located off -site and requires a 50-foot buffer. The buffer does extend into lots 2 and 3 of the proposed plat. The applicant is requesting to do buffer averaging so that they can accommodate the full building pads for proposed lots 2 and 3. Lots 2 and 3 will have a rear yard, the lots are 60 x 126 feet. The Environmental Review Committee (ERC) has issued a Determination of Non -Significance — Mitigated (DNS-M) for the project. The DNS-M included 6 mitigation measures. No appeals were filed. Two of the measures were for erosion control, one for the wetland fence and signage, and the three standard Parks, Fire and Traffic mitigation fees. The subject site is designated Residential Single Family (RSF) on the City's Comprehensive Land Use Map. The RSF designation is intended to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF designation in that is would allow for future construction of new single-family homes thereby promoting the goals of infill development. The net development would be 7.06 dwelling units per acre, which is within the five to eight range required in the zone. The proposal is for 37 lots therefore, it would create 32 new additional lots within the City. There is an existing residence straddling lots I and 2, another existing residence on lot 3, an existing residence and garage on lots 26 and 27, and the existing residence on lot 25 is proposed to remain. All proposed lots are within the size range prescribed within the R-8 zone and exceed all width and depth requirements. It also meets all front, side and rear yard setback requirements. Because there are existing residences that are proposed to be removed but do not meet the setback requirements staff is recommending as a condition of preliminary plat approval that the applicant be required to have all the structures located within the project boundaries, not on lot 25, removed prior to final plat approval. Building standards in the R-8 zone permit one single-family residential structure on each lot and one accessory building of 1000 square feet or two accessory buildings of 720 square feet each. The applicant is not proposing any construction at this time and the development standards will be reviewed at.the time of building permit. Building height in the R-8 zone is limited to two stories and 30 feet for primary structures and 15 feet for detached structures. The Examiner inquired regarding Lot 25 and the large size, that it could be subdivided at some time and where would the access to those additional lots come from? Mr. Jordan stated that the property owner was very specific in his desires to keep a large parcel for himself. The 15-foot easement would not be wide enough and Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 3 so some access would have to be taken off the cul-de-sac through an easement on neighboring property if they were ever to subdivide. Staff recommends the establishment of a homeowner's association or maintenance agreement for any private streets as a condition of approval. Staff also recommends a project condition requiring the applicant to install private road signs at the entrances of the private drives so emergency vehicles know what addresses are being served by the private drive. The proposed subdivision is expected to generate additional traffic, most of the lots would have direct access off of the new "Street A". Proposed lots 1 through 4 would take access off a private drive that would connect to the new roadway. Lots 19, 20 and 21 would take access to the new roadway at the cul-de-sac via a pipestem over Lot 19. Lot 25 will access directly onto NE 20`' Street. Lot 26 will take access via a private drive over Lot 27 through the cul-de-sac. The applicant will be required to provide curb, gutter and sidewalk improvements along the subject site's property frontage. Street lighting will be required along new "Street A" and adjacent to NE 20`h Street. Staff recommends the establishment of a Homeowners Association or Maintenance Agreement for all private streets or drives within the plat. As part of the environmental review for this project the ERC required park, fire and traffic mitigation fees. The topography of the site is characterized by having little slope. The applicant did submit a geotechnical report which concluded that the property was suitable for the proposed development. The majority of the existing vegetation on the property would be cleared in order to locate the proposed utilities, construction, roadways and prepare the site for residential building pads. For erosion control the property is subject to the 2001 DOE manual and for stormwater the project is subject to the 1990 King County manual. Police and fire prevention staff have indicated that resources exist to furnish services to the development subject to the applicant paying the code required improvements and the SEPA mitigation fees. Credit was given for the four existing residences. The proposal does not provide on -site recreation, therefore, the City's ERC required the applicant pay a parks mitigation fee, with credit given for the existing four residences. The Renton School District has also indicated that they have sufficient resources to accommodate the new students generated by this proposal. Stormwater is subject to the 1990 King County Manual, the project would be required to provide water quality and detention. As such, the applicant has proposed over Lots 1 and 2 a water quality detention vault to accommodate the stonnwater runoff generated from the proposal. Staff is recommending a condition of preliminary plat approval requiring the applicant to provide the City with an easement to that detention facility. There is an existing six-inch water main in NE 201' Street and an eight -inch water main in Aberdeen that would serve the site. The applicant is required to provide and construct an eight -inch loop water main system off NE 20`h to serve the lots and pay the water system development fees. There is an eight -inch sewer main fronting the property on NE 20°i Street that will be sufficient to serve the plat along with the sewer system development charge. Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 4 Staff recommends approval of the Heritage Glen Preliminary Plat subject to conditions. Sara Slatten, Camwest Development, 9720 NE 120"' Place, Suite 100, Kirkland, WA 98034. A copy of her presentation was entered as Exhibit 8. It was pointed out that they have read through the DNS and the staff report do not have any objections, at this time, to the conditions that are set forth. There is one clarification with respect to the staff report, on Sheet C 5.0, in the clearing plan, on Lot 25, the large lot to the southeast, on the north third is a clearing limit line which is labeled incorrectly. That clearing limit line should actually be located just north along the joint property line to Lot 23. Regarding the access agreements, in those situations where there is a private access or utility, which benefits two to four lots, typically prior to final plat an access and maintenance agreement is drafted and recorded against the specific lots involved. Additionally, that is made a part of the plat condition which serves as two notices for future property owners. Ms. Slatten then proceeded to give a brief overview of the type of homes, streets, sidewalks and landscaping that are expected to be built on this site. The Examiner noted for the record that it is usually for site plans that specific profiles are discussed, anything presented today is not binding on Camwest or the City. Neighbors who may be interested in the project should know that whatever you show is truly illustrative and does not guarantee anything. Opposition to proposal: Christian Denzler, 1800 NE 20"' Street, Renton 98056. His residence is the lowest residence closest to the Kennydale Creek level. The retention pond in Lots I and 2, with a 400-foot drainage pipe along 20"' Street that dumps into Kennydale Creek. There is a portion of a Category 2 wetlands by that and so the stream gets obstructed which regulates stormwater events further downstream, but can back it up further upstream. There are a number of existing cross drains that run from his yard to the stream. He has a concern that the detention pond will not slow anything down, but will seriously impact his lot and everyone else downstream as well. Loralee Gordlev, 2010 Jones Avenue NE, Renton 98056. She is a neighbor on the Kennydale Creek which runs through her property. Where the water is going to be entering the Creek is the border of her property. Any excessive rains cause flooding throughout the area. Any additional water into this Creek from the detention pond will raise it further. When the sewer line was recently installed through her property, it seems that they could also pipe a sewer drainage through that utility easement out downstream where it is not flooding the property. Deana Naibert, 2111 Aberdeen Place NE, Renton 98056 stated that she was concerned over the extensive tree cutting proposed. The trees that are proposed to be cut help eliminate noise and air pollution to her property. With the clear cut that is proposed will cause the existing property values to be negatively effected. In the development where she lives, there are only approximately 7 evergreen trees, not every home has a tree in their yard. She would like to propose that some of the existing trees be left, a certain percentage or that perhaps evergreen trees could be planted in the new development. Rick Gordlev, 2010 Jones Avenue NE, Renton 98056 added that the water runoff into the wetland area will be completely taken away if all the stormwater is running into the Creek, if that happens will that still remain a wetland? The wetland could actually be transferred from its current location to an area that never gets any water. Most of the water and wetland is on the east side of the Creek area, that is the downhill slope from the hillside. If that is done, his entire backyard will be under water and probably flood the neighbor's house as well. Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 5 Dennis Archer, 12805 SE 186"' Place, Renton 98058, representing his father, Delbert O. Archer who resides at 2127 Aberdeen Avenue NE, Renton. A concern of his is about an easement along his father's property line. It appears that there is going to be a water line put through that, and the concern is what will happen to any stormwater runoff that might occur as a result of that. That easement has slowly built up over the years through maintenance causing stormwater runoff to flow onto the property at 2127. It is a concern about the construction techniques that will occur at the time the water work is done there. Kayren Kittrick, Development Services asked Mr. Archer if when he talks about stormwater, is it erosion control or runoff after the line is built? Mr. Archer stated that the concern was for runoff after the line is built. Property Services requires language that covers enforcement capabilities about maintenance and clearly identifies who is responsible. It is usually an undivided interest between properties that are fronting and using it. For example, Lots 19, 20 and 21. The 1990 King County Surface Water Design Manual, which is the standard that the City uses, requires that there be no additional flow off of this site. This is required to have both water quality and detention, so that is a study that is looked at very carefully and very closely. It also requires that the water not be diverted from where it currently flows. Kennydale Creek is where the water is going now and any water in the future must go there, which also helps to recharge the wetlands. The King County Surface Water Design Manual requires that you not flood wetlands. There are severe limitations on design both on what roofs can drain and how yard drains may go. All of the properties that border the wetland, it can be required that the roof drains go into infiltration pits, so that it does recharge the wetlands. The 1990 standards allow that, that is part of what can be included with our design review. Rooflines are considered clean water as well as what would be in the backyards. The new sewer lines that are being referred to was done not to support new development, but to support old development that has been there for some time. They are not intended to carry storm water. There is a neighborhood grant program that the City is more than happy to help neighborhoods get trees planted. This is done in exchange for neighbor handwork. The City does not have requirements for street trees, but people can put them in if they so choose. A waterline is going to be installed underground in the NE corner of this site. The easement would be restored to existing or better condition. Emergency access will have to be provided at all times to the property. Sara Slatten, in regard to the buffer averaging, if there is issue with the way that it is configured, Camwest is willing to work with the City on that matter. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:16 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Sara Slatten, for Camwest Development, filed a request for approval of a 37-lot Preliminary Plat. Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 6 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit 41. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non -Significance - Mitigated (DNS-M) for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located north of NE 20th Street at 1832 to 2008 NE 20th Street. The subject site consists of four underlying lots. Each of those lots contain a single family home. One home would be retained on what is Proposed Lot 25 while the other three homes would be removed. The property is located between Jones Avenue NE on the west and Aberdeen Avenue NE on the east. The site is directly north of Monterey Avenue NE, which now ends at NE 20th Street. A Category 2 wetland is located west of the subject site and a portion of its 50 foot required buffer extends onto the subject site. The subject site is approximately 6.38 acres or 277,725 square feet in area. The parcel is irregular in shape. It is approximately 600 feet wide (east to west) and 500 feet deep. The subject site has gentle slopes of approximately three percent and varies from elevations of approximately 260 feet to 280 feet. The underlying four lots have mainly lawn grass, Fir trees and some deciduous trees. 9. The subject site was annexed to the City with the adoption of Ordinance 1827 enacted in May 1960. 10. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 1 i. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses. 12. The applicant proposes dividing the subject site into 37 lots for the development of detached single- family uses. The lots would more or less be arrayed around a T-shaped cul-de-sac street system. Access to the site would be from a separate T-intersection with NE 20th Street. 13. Proposed Lots 1-4 in the southwest corner and Proposed Lots 19-21 in the northeast corner would be served by 26-foot wide private easements. Proposed Lot 25, the lot with the existing home, would continue to gain access directly to NE 20th via a pipestem. Pipestems would also serve Proposed Lots 8 and 11. Finally, Proposed Lot 26 would gain access via an easement across Proposed Lot 27. The remaining lots would gain access via a new 42-foot wide public street. In addition, an access easement runs from Aberdeen Avenue NE into and across the northeast corner of the subject site providing access to a lot north of the subject site. 14. The division of the 6.38 acres into 37 lots yields a density of 7.06 units per acre after subtracting roadways. 15. Stormwater would be handled by a detention system constructed in the southwest corner of the site under the access road serving Proposed Lots 1-4. 16. The applicant proposes using buffer averaging to permit development along the edge of the wetland Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, LCF April 15, 2004 Page 7 buffer in the southwest corner of the subject site. The design of this area is rectangular without any attempt at creating a natural wetland buffer edge. 17. Neighbors expressed concern regarding storm water problems in the area. There have been flooding problems. Staff noted that the 1990 King County Design Manual requirements are intended to avoid such problems in the future. There should be no additional flow off -site after development. The standards require both water quality and detention controls and require that stormwater be discharged to its natural outfall location. The standards should also avoid flooding the wetlands but allow recharge. 18. The City does not prevent the clearing of property that is going to be developed although there may be other regulations and state standards regarding tree removal. There are regulations regarding clearing or removal of trees where no other development is proposed and vegetation is protected in various defined sensitive areas. It is difficult to retain trees on what are relatively small parcels when building pads, driveways and roads need to be carved through a parcel. 19. The development would generate approximately fifteen school age children who would attend the Renton School District. The students would be spread across the grades and be assigned on a space available basis. 20. Utilities will be provided by the City. 21. The residence or a portion of it on the property south of Proposed Lot 26 appears to encroach onto the subject site. Boundaries may have to be adjusted to accommodate this situation. CONCLUSIONS: The proposed plat appears to serve the public use and interest. The division will provide additional lots in the R-8 zone, that is there will be approximately 33 additional lots available for future residents in an area with appropriate utilities and reasonably accessible to employment opportunities. The regrettable consequence of denser development patterns and increased unit density is that most trees are removed from level sites unencumbered by sensitive areas. 2. The applicant will be containing and releasing stormwater according to more modern standards. The development of the subject site should not have an adverse impact on stormwater flows in the area although the development might not solve existing problems. The applicant shall provide some mechanism to allow wetland recharge. The increased population will bring with it additional traffic and general noise. These impacts were anticipated when the Comprehensive Plan and Zoning were adopted for this area and site. 4. The redevelopment of the property will increase the tax base of the City and help offset some of the impacts. The mitigation fees required by the ERC should help with the development of fire and park services as well as transportation corridor improvements. The proposed density of 7.06 dwelling units per acre meets the Zoning Code and Comprehensive Plan. The lots, even those around the two cul-de-sac roads, are reasonably rectangular. The applicant indicated that the rather rigid rectangular margins proposed where buffer averaging has been proposed could be softened. The plat will be conditioned on altering the lines subject to approval of Community Services. Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 8 7. In conclusion, the proposed preliminary plat should be approved by the City Council subject to the conditions enumerated below. RECOMMENDATION The Preliminary Plat is approved subject to the following conditions: I . The applicant shall be required to obtain and finalize all demolition permits for any existing structure(s) not located within Lot 25 prior to final plat recording. This condition shall be subject to the review and approval of the Development Services Division. 2. The applicant shall be required to establish a homeowner's association or maintenance agreement for the private street (26-foot wide easements) and common utilities as a condition of the preliminary plat approval. 3. The applicant shall be required to install a "Private Street" sign indicating addresses served from the private street at the intersection of the private street (serving Lots 1-4, 19-20 and 26) and the proposed 42-foot internal pubic street, prior to final plat recording. 4. The applicant shall be required to install "No Parking" signage within the private streets and drives. 5. The applicant shall be required to provide the City with an easement to the proposed drainage facility prior to final plat recording. 6. The applicant shall be required to demonstrate that an encroachment does not exist and/or will not impact the development prior to final plat approval. This condition shall be subject to the review and approval of the City's Property Services Section and the Development Services Division. 7. The applicant shall be required to clearly note the mailbox location(s) on the construction plans and include appropriate "No Parking" signage near the mailboxes. This condition shall be subject to the review and approval of the Development Services Division. 8. The applicant shall modify the margins of the areas incorporated into the wetland buffers to make them appear substantially less rectangular and more natural subject to approval of Development Services. 9. The applicant shall provide some mechanism to allow wetland recharge. ORDERED THIS 15"' day of April, 2004. FRED J. KAUFT4N HEARING EXAMINER TRANSMITTED THIS 151h day of April, 2004 to the parties of record: Jason Jordan Christian Denzler Dennis Archer 1055 S Grady Way 1800 NE 20`h Street 12805 SE 186"' Place Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 9 Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Renton, WA 98056 Rich & Loralee Gordley 2010 Jones Avenue NE Renton, WA 98056 Sara Slatten Deana Naibert Camwest Development 2l 1 1 Aberdeen Avenue NE 9720 NE 120°' PI., Ste. 100 Renton, WA 98056 Kirkland, WA 98034 TRANSMITTED THIS 15°i day of April, 2004 to the following: Mayor Kathy Keolker-Wheeler Members, Renton Planning Commission Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division King County Journal Renton, WA 98058 Delbert O. Archer 2127 Aberdeen Avenue NE Renton, WA 98056 Sue Larson -Kinzer 1733 NE 20°i Street Renton, WA 98056 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Larry Rude, Fire Marshal Alex Pietsch, Econ. Dev. Administrator Larry Meckling, Building Official Jennifer Henning, Development Services Janet Conklin, Development Services Patrick Roduin, Development Services 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., April 29, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. 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. Heritage Glen Preliminary Plat File No.: LUA-03-044, PP, ECF April 15, 2004 Page 10 The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 1 4 D4 - 5 T23N R5E W 1/2 ,q- T-1 ............ . BlMe a! Z/1 M asu NEZI *I - sa I a AVE. ME. s JONES a(JVE. N.E. �sr i _ •� . �3j; A � � � 'to a AVE. ME.: "' ( O W � A �+NENNEWICX� AVE. HE J r KNxl1,u II Q - PVE --fir Cb -)MONTEREY AVErN..I- � VONfERE{ {, y- (r� ' _i M1J Ir®;i- ; NNyi_e@t �{�. �-- a'`9� •y-�. �+�II"I,[f� ' ! '��} R� �Ni 3 �x•�- ro dh� r'7>'��,,�1 e,( _-__ i t1 f N1 __ 1 ' { (A' ,•�,i tq , (1 AVf ABERDEEN aAVE• N.E ~ tat .W • C 31W- Ma .� � � E .� 6 Fi•� ,�. " I�,t..i, !3 � t� � f�w �E 4-, E �{t,�e . LL��JJb it-.:1 'I 1e L CJ • ,. I 'v .—. �• —•-EDMONDS•,.—.—.LAVE- ' I n N NVl o Vl m 1 Y 0 MR)CN1T Naf OMNpL FNOJEGi: GWC, INC Ess: i m PLAT OF HERITAGE GLEN 24633 NE T. DUVALL, WA. A. 98019 NE 20th STREET m o PHONE.- (206) 696-0783 WEST OF ABERDEEN AVE. NE Ir NEIGHBORHOOD DETAIL MAP ' JAEGER ENGINEERING 9419 South 204th Ploce 03 Kent, WA, 98031 Phone No. (253) 850-0934 Fax No. (253) 850-Ot55 O m m I SW 1/4, NE 1/4, SECTION 6, TOWNSHIP 23 N, RANGE 6 E, W.M. W ACCESS FASEIIEMf — "fSd" — _--yl,«t- — «m• � ' S1. L eon — �— Ted.A•�� _ _ .� _ I .............................. ........... .........., .... ........... . 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A ®x z .... s.e00 sf ........" 4001 Sf j 5.256 of I i t ! ... :.............4u .......p 4.a03 x ...-.5.214 x i li L.. ® l a'I BEXER FMFMEM ' .. i i y.••••. y�•y�. •• •.. , 47m Sr 5.77®�F A ............ _........ p....�..-......,...�........ i... STME.. 22A54 Sr 11 • •� ® 9Es f .............uw................. 4,847 Sr I; 1,000 SFln A i g $ ......: gggg$ 55 G I..............Iu4.�.. ., CSuiro vq .00 47A2' yJ k ® (ITP) k" I' I ......... N A N $� e.753 x 41 ....... ................... I` 1 UNt A 1 L L -A tn&E,ea Y i' N.E. 20TH ST ; O 2 m m m m CITY OF RENTON FILE NO. IN1 �E m A y!P I m z 61d i m NOTES, E z 1. RVA AREAS MAY BE REWIRED AT ME REM Or LOTS 12 AND m 2D 10 PRORDE CONFORMANCE B YRM LOT REOUIREMEMS, PROJECT STAT181I08 U _ TOTAL PROJECT AREA a.sa ACRES PIMPOSE LOTS: 57 t i ONING: ZR-a SENSIME AREAS. 7.2DO x STREET AR : 43.725 SE PROPOSED DENSRn 7.2e UbtS/ACRE ALLOWED OENSTrF: a UHRS/ACRE n c stRRADNs• FROM! IS' c ff X "RACE. 20, REM: 20' ggg R DIIERpR ADE: 5' CORNER SIDE: 13' NCTIAMD 11tH CR ANR.OwO N PI ¢ ® ESRTMO ON -Art SVMR AREA Q,1ao So SUi7ER AREA PROADEO M AVERAOMO (0.200 SF) p ® Lot OESIOmm" E F) & E I n Y •••..•••.. .... BUXOM SEMACR • • • • • • DISTANCE ro FNRNEST ACCESS KIM N `Z Q J J Q J W a } Q T— Z LLI W a 40 0 40 80 Sheet 1 -40' .DD!. (ee( CA2.0 .tom !° dN NVId AH0I43ANi 33H1 /Nnef13N UL um DID'.SI Id t/L t o"'Yn ws „�w•+.x 1w.Y>.d Ti"wf W+n,O, O O ml 'sala>ow t—dopA-O a{.K `a wc>ru t Ui N3TD 3Jb11a3H �' U 7- 0 I t- z w 0 O < 0z z 4�c3�as Yoc i :x * @mEG.s3Nd — O ._ ABERDEEN AVE. N.E. v,l 10 �I4 1 1 � I I1 11� 1 i IF—]Ir--,Ir---tlL-- O i L----- I II III III it y 1 L----- r N CL T r-- - o p I I I i ' J nor _..nn•c MONTEREY E =�I I I L—J �— I—_o-. _ w �— II T 1 -- _IF r -lif 1 co y I I 11 11 ,— I III I '! —t — J I I I 11 I �� I I III III I = T _ I I iil III I z ui ----=--�---•----- 3 r 1 I I I �=__ — — — — — — — — — — — — Ir-—fir—.,lr— it — --I , I'll I I1 I j1 JI II III III II I I IL---AIL—JLL7— J1L =J i ,--1-1---F �=L ; .mot �t L /��ir III III rl-- r- r s��I� I I III III III 4}FI I I I (( III I II ill III III 1 � I I IILI I I I �1_ N I I I i�--�i�—_-` JONES AVE. N.E C9 m 07 O O cl to O CMCAGO TSLE WSURANCE COMPANY A.LTA COLT .SCSE Um A i ordsrNo: 43424e ( —d) yc"NW 700265e/MaaEL LEGAL DESCRIMON E70M3r (p.S,Vh a of S&CdaloA Cusdina ZE-) THAT pORON OF TRACT 263. C.D. HILIMM'S LAxE 1RSHINaTON GARDEN OF SDSi DIVISION TI No. a, ACCORDING TO THE PLAT TBERMy, ABC. IN VOLTME 11 OF PLATS. RAGS 92, IN xnm COUNTY. ialSH1NOTOH.-DBSCAIHED AS-POLLOWS: COWENCING AT = SC=II S5T CORNER OF SAID TRACT: 1HNCE NORTH AL=g THE NEST LINE THEREOF 288-1/4 PHHTI THENCE EAST IN A STRAIGHT LINE, TO A POINT ON TIM BAST LINE OF SAID TRACT. 288-1/4 =7 )MM OF THE SOUTHEAST C� OF SAID TRACT: SOIITI ON SAID EAST LINE 230 PEST: THENCE NEST PARALLEL WITH IN TIM NORTHERLY LE' OF THE PROPERTY ID;REZN DESCRIBED 227-1/4 FEET: THENCE SOUTH 156-1/2 FEHT TO THE SOUTH PINS OF SAID TRACT) NCH NEST ON SAID SOUTH LINE 127-1/4 FEET, MORE OR LESS. TO TSB POITiT OF Bv3nw Nal Hxcm THAT PORTION DESCRIBED As FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT 263 DISTANT MESTHRLY 127.25 FEET FROM THE SOUTWMST CORNER T==Pt THENCE NORTHERLY PARALLEL. WITH THE EASTERLY LINE OP SAID TRACT 263 A DISTANCE OF 66 FEET; 95 TXENCH wzSTERI.Y PARALLEL WITH TIM SOOTB LIN8 OP SAID TRACE 261, A DISTANCE OP FEET: 263. A DISTANCE OF 86 THENCE SOUTHERLY PARALLEL WITH TER BAST LINE OP SAID TRACT FEET TO TIE SOOTS LINE THEREOF; THENCE FAST'EALY 95 FEET TO TIM POINT OF BEGINNING. - ..lot' .. .. mow• _ .lar�i't L•.:� �: ..•.�..�. ���_ _- CITY OF RENTON COUNCIL AGENDA BILL AI #: SUBMITTING DATA: ( FOR AGENDA OF: May 24, 2004 Dept/DivBoard..Human Resources & Risk Management Staff Contact....... Michael Webby AGENDA STATUS: Consent ................. X SUBJECT: Public Hearing..... Correspondence... Establishment of grade for Business Systems Analyst Ordinance ............. Resolution............ Old Business......... EXHIBITS: New Business....... Study Session........ Other ..................... RECOMMENDED ACTION. APPROVALS: Council Concur Legal Dept............ Finance Dept........ Other ..................... FISCAL IMPACT: Expenditure Required ..... $ 0 Transfer/Amendment.... Amount Budgeted ........... $ 0 Revenue Generated....... SUMMARY OF ACTION. The Business Systems Analyst position was approved in Ordinance 5072, which modifies the 2004 budget. At the time Ordinance 5072 was approved the salary for this position was still subject to negotiations. The City and Union have reached agreement at range a23. Staff recommends City Council approval. Business Systems Analyst Grade a23 $4,318 - $5,258 ($51,816 is base salary for a full year at step A) This change will not require additional budget appropriations. CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: For Agenda of: May 24, 2004 Dept/Div/Board.. Legal Agenda Status Staff Contact...... Lawrence J. Warren Consent..............X Public Hearing.. Subject: In RMC 1-3-3.F.5, remove reference to a misdemeanor Correspondence.. that is not adopted in the Renton municipal code, and Ordinance.............X clarify the definition of the misdemeanor of making a Resolution............ false or misleading material statement to a city Old Business........ employee. New Business....... Exhibits: Ordinance Study Sessions...... Information......... Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept ......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: RMC 1-3-3.F.5 defines the crime of Interference as the crime of making a false or misleading statement pursuant to RCW 9A.76.175, OR intimidating a public servant pursuant to RCW 9A.76.180. However, the latter crime is no longer adopted in RMC 6-10. Therefore, it should be removed from RMC 1-3-3.F.5. There are other criminal statutes under which actions that constitute intimidation may be prosecuted. Further, the crime of making a false or misleading material statement to a city employee acting in his or her official capacity should be redefined to more exactly match the state statute, and should therefore be renamed "False or Misleading Statement" instead of "Interference." The definition of "city employee" and "material statement" should also be added to RMC 1-3-4. STAFF RECOMMENDATION: Adopt ordinance that clarifies the crime of "Making a False or Misleading Statement" and removes the reference to the crime of "Interference" in RMC 1-3-3.F.5, and that adds two definitions to RMC 1-3-4. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-3.F.5 AND 1-3-4 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," REGARDING THE CRIME OF MAKING A FALSE OR MISLEADING STATEMENT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 1-3-3.F.5 of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 5. False or Misleading Statement: Any person who knowingly makes a false or misleading material statement to a City employee acting in his or her official capacity, shall be guilty of the crime of making a false or misleading material statement to a public servant pursuant to RCW 9A.76.175, adopted in the Renton Municipal Code under Chapter 6-10 RMC and subject to the penalties adopted thereunder. SECTION H. Section 1-3-4 of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding two new definitions, to read as follows, with the remaining definitions to be renumbered accordingly: "City Employee" means a Regular, Limited Term, or Hourly/Non Regular employee of the City of Renton as defined in Sections 5.1 — 5.3 of Policy and Procedure 300-53, of Renton's Policy and Procedure Manual, as now or hereafter amended, and is a public servant for the purposes of RCW 9A.76.175. 1 ORDINANCE NO. "Material Statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.I 103:5/10/04:ma day of , 2004. Bonnie I. Walton, City Clerk _ day of , 2004. Kathy Keolker-Wheeler, Mayor CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Transportation Division Staff Contact...... Ryan Zulauf, x7471 Subject: Operating Permit and Agreement for Sound Flight, Inc. Exhibits: Issue Paper Operating Permit and Agreement Aerodyne Aviation, South Cove Ventures, LLC Sublease For Agenda of: May 24, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business...... Study Sessions..... Information......... X Recommended Action: Approvals: Legal Dept......... X Refer to Transportation/Aviation Committee Finance Dept...... N/A Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... N/A Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Aerodyne Aviation, South Cove Ventures, LLC, (Aerodyne) has executed a sublease with Sound Flight, Inc. Sound Flight proposes to operate an On -Demand Charter Service under Federal Aviation Regulation, Part 135. Sound Flight was a previous tenant on the airfield, but ceased business operations as a result of Sept. 11, 2001, and the slowing economy. An approved Operating Permit and Agreement issued by the City is needed by Sound Flight, Inc. to initiate business on the airfield. The Operating Permit and Agreement issued by the City effectively ties a sublessee conducting business on the airfield to the City. The term of the Aerodyne sublease and the City Operating Permit and Agreement is for one (1) year beginning on May 1, 2004, and ending on April 30, 2005, with extensions granted on a year-to-year basis until April 30, 2009. The initial and extended term of the City's Operating Permit and Agreement matches the initial and extended term in the Aerodyne sublease to Sound Flight, Inc. STAFF RECOMMENDATION: The Transportation Division staff recommends approval of the Operating Permit and Agreement with Sound Flight, Inc. H:Trans/Airport/01Admin/l2Real Property/Leases/SoundFLT/Operating Permit/Sound Flight agenda bill 5-14-04 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 24, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: �. Kathy Keolker-Wheeler, Mayor �Of FROM: Gregg Zimmerma Lmstrator STAFF CONTACT: Ryan Zulauf, x7471 SUBJECT: Operating Permit and Agreement for Sound Flight, Inc. ISSUE: Aerodyne Aviation, South Cove Ventures, LLC, (Aerodyne) located at 300 Airport Way has executed a sublease with the Sound Flight, Inc. to operate an On -Demand Charter Service under Federal Aviation Regulation, Part 135. An approved Operating Permit and Agreement is needed by Sound Flight, Inc. to initiate business on the airfield. RECOMMENDATION: The Transportation Division staff recommends approval of the Operating Permit and Agreement with Sound Flight, Inc. BACKGROUND SUMMARY: Aerodyne Aviation, South Cove Ventures, LLC, (Aerodyne) has executed a sublease with Sound Flight, Inc. Sound Flight proposes to operate an On -Demand Charter Service under Federal Aviation Regulation, Part 135. The Aerodyne leased premises is located at 300 Airport Way. Sound Flight was a previous tenant on the airfield, but ceased business operations as a result of Sept 11, 2001, and the slowing economy. Sound Flight, Inc. will be operating a Beaver float plane using the seaplane base and a Cessna 182 (wheel plane). An approved Operating Permit and Agreement issued by the City is needed by Sound Flight, Inc. to initiate business on the airfield. The Operating Permit and Agreement issued by the City effectively ties a sublessee conducting business on the airfield to the City. Sound Flight, Inc. Issue Paper May 24, 2004 Page 2 The term of the Aerodyne sublease and the City Operating Permit and Agreement is for one (1) year beginning on May 1, 2004, and ending on April 30, 2005, with extensions granted on a year-to-year basis until April 30, 2009. The initial and extended term of the City's Operating Permit and Agreement matches the initial and extended term in the Aerodyne sublease to Sound Flight, Inc. A copy of the Aerodyne sublease to Sound Flight is attached. Attachments Cc: Teana Walker JUrans/Airport/Ol Admin/12Real Property/Leases/SoundFLT/Operating Permit/Sound Flight Issue paper 5-14-04 PAG 002-04 OPERATING PERMIT AND AGREEMENT between the City of Renton and Sound Flight, Inc. THIS IS A PERMIT TO OPERATE AN AVIATION RELATED ACTIVITY UPON THE RENTON MUNICIPAL AIRPORT AND AND AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation ("Permittor"), and Sound Flight, Inc., a Washington corporation ("Permittee"). IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. ACKNOWLEDGEMENT OF SUB -LEASE: 1 a. Pursuant to lease agreement LAG 84-006 and addenda thereto, executed on October 22, 1984, the City of Renton (Lessor) granted a lease of the subject premises to Plane Space Investments, Inc., (Lessee). The subject Lease was acquired by (assigned to) Aerodyne Aviation, South Cove Ventures, LLC, under LAG-84-006 , for the purpose of Operation of Flight Training and Aircraft Storage facilities together with aircraft repair and maintenance and fuel service. lb. Thereafter, Aerodyne Aviation, South Cove Ventures, LLC (Lessee) sublet the subject premises to Sound Flight, Inc., (Sublessee) by sublease agreement executed on May 1, 2004 for the purpose of operating an On -Demand Charter Service under Federal Aviation Regulation, Part 135 from the Aerodyne Aviation, South Cove Ventures, LLC leased premises, located at 300 Airport Way. 2. GRANT OF OPERATING PERMIT: 2a. Description of Premises: The premises leased by Sound Flight, Inc. the Permittee, is described in the sub -lease as: 2a(1) Interior Space: 300 square feet of interior office space, identified as Suite 103, at the hangar/office building which includes the customer reception area on the main floor and use of the classroom/conference room area 2a(2) Aircraft Tie -down Space: Two aircraft tie -down spaces located at 300 Airport Way. 2a(3) Parking Spaces: Parking spaces are provided in front of the building and outside the Airport Perimeter Fence, not to exceed 25 parking spaces. These three (3) categories (Paragraph 2a(l) through 2a(3) above) of the property, being subleased by Aerodyne Aviation, South Cove Ventures, LLC to Sound Flight, Inc., shall hereafter be referred to as the "Premises". OPERATING PERMIT City of Renton to Sound Flight, Inc. 3. CONDITIONS: 3a. Specific Conditions: This grant of an Operating Permit is subject to the following: 3a(1) Easements, restrictions and reservations of record and as further set forth herein; 3a(2) Such rules and regulations as now exist or may hereafter be promulgated by the Permittor from time to time, including the Airport's Minimum Standards which are incorporated herein by this reference, and Permittor's standards concerning operation of public aviation service activities from the Airport; and 3a(3) All such non-discriminatory charges and fees for such use as may be established from time to time by Permittor; and 3a(4) TOGETHER WITH the privilege of Permittee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. 3b. No Conveyance of Airport: This Operating Permit and Agreement shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Permittor reserves the right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is permitted hereby. 3c. Nature of Permittor's Interest: It is expressly understood and agreed that Permittor holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Permittor from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Permittor holds and operates said airport and premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Permittee also accepts and will hold and use this lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this lease or the period thereof or any terms or provisions thereof be or become in conflict with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede any provision of this lease affected thereby, all without any liability on the part of or recourse against the Permittor in favor of Permittee, provided that Permittor does not exceed its authority under the foregoing legislation, rules and regulations. OPERATING PERMIT City of Renton to Sound Flight, Inc. 3d. Future Development/Funding: Nothing in this lease contained shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Permittor, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport. 4. TERM OF LEASE, SUBLEASE AND OPERATING PERMIT: 4.1. Initial Term: The term of the sublease to Sound Flight, Inc. is for a period of one (1) year commencing on May 1, 2004 and terminating on April 30, 2005. 4.2. Extended Term: Aerodyne has granted Permittee an option of extending the sublease. 4.3. Permit Term: The term of this Operating Permit is one (1) year and shall be extended to include any Extended Term as may be in effect between Aerodyne Aviation, South Cove Ventures, LLC and Sound Flight, Inc. After the Initial Term, the Extended Term of the sublease is on a year-to-year basis, for a period of five (5) years, ending on April 30, 2009. Any extension of the Initial Term of this Operating Permit is only renewable upon written notice received by the City 90 calendar days in advance of the termination date of the Initial or an Extended Term of the Operating Permit. In no event will the term of the operating permit be extended beyond April 30, 2009. 5. RENTAL: 5.1. Rent on lease: As rental for the premises described in LAG 84-006 and addenda thereto, Lessee has agreed to pay Permittor a monthly rental in the sum of one thousand, one hundred seventy four dollars and twenty nine cents ($1,174.29) and four hundred seventy nine dollars and forty two cents and five hundred thirty three dollars and seventy three cents ($533.73) respectively, throughout the twelve (12) month period commencing on September which does not includes the leasehold excise tax. 5.2. Rent on sublease: As rental for the premises described in section 2, above, during the term of this permit, Permittee has agreed to pay Aerodyne Aviation, South Cove Ventures, LLC (Lessee) a monthly rental in the sum of six hundred and no/100 Dollars ($600) throughout the twelve (12) month period commencing on May 1, 2004. The date of execution of the sublease was April 12, 2004. In the event Lessee fails to pay the rent identified in paragraph 5. 1, then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 84-006 and addenda thereto, pay said rent, when due. In the event neither the Lessee nor Permittee pay said rent, then the Permittor may terminate this permit with ten (10) days notice. 5.3. Other Charges: Permittee further agrees to pay, in addition to the rental specified and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or established by Permittor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or OPERATING PERMIT City of Renton to Sound Flight, Inc. activities conducted by or use made by Permittee of, on, and from the leased premises which shall include, but not be limited to, all charges for light, heat, gas, power, garbage, water and other utilities or services rendered to said premises. 5.4. Leasehold Excise Tax: In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on the leasehold estate described herein, and Lessee fails to pay said tax or charge, then Permittee may, whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 84-006 and addenda thereto, pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. In the event neither the Lessee nor Permittee pay said tax or charge, then the Permittor may terminate this permit with ten (10) days notice. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. 6.1. Whether Permittee subleases all or part of Lessee's Airport leasehold interest as described in LAG 84-006 and addenda, and Lessee fails to pay such utilities and service charges, then Permittee may pay all light, heat, gas, power, garbage, water, sewer and janitorial service used in or on the Premises when due. In the event neither the Lessee nor the Permittee pay said utility or service charges, then the Permittor may terminate this Permit with ten (10) days notice. Permittor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Permittor's control, shall be deemed a breach of the Permit or as an eviction of Permittee, or relieve Permittee from any of its obligations hereunder. 7. PERMITTEE'S ACCEPTANCE OF PREMISES. 7.1. General Acceptance of Premises: By occupying the Premises, Permittee formally accepts the same in AS IS condition, and acknowledges that the Permittor has complied with all the requirements imposed upon it under the terms of this Permit with respect to the condition of the Premises at the commencement of this term. Permittee hereby accepts the premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and accepts this Permit subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Permittee acknowledges that neither Permittor nor Permittor's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Permittee's business or use. Except as otherwise provided herein, Permittor warrants Permittee's right to peaceably and quietly enjoy the premises without any disturbance from Permittor, or others claiming by or through Permittor. 8. PURPOSE AND USE: 8.1. Use of Premises: The Premises are leased to the Permittee for the following described purpose: OPERATING PERMIT 4 City of Renton to Sound Flight, Inc. 8.1.1. Operation of a Federal Aviation Regulation, Part 135 On -Demand Charter Service in accordance with the Minimum Standards for the operation of this type of commercial aeronautic activity at the Renton Municipal Airport. 8.2. Continuous Use: Permittee covenants that the premises shall be continuously used for those purposes during the term of the Permit, shall not be allowed to stand vacant or idle, and shall not be used for any other purpose without Permittor's written consent first having been obtained. Consent of Permittor to other types of activities will not be unreasonably withheld. 8.3. Non -Aviation Uses Prohibited: Permittee agrees that, except as expressly provided above, the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 8.4. Signs: No advertising matter or signs shall be at any time displayed on the leased premises or structures without the written approval of Permittor, which will not be unreasonably withheld. One sign, of the type and dimensions specified by the Airport Manager, shall be permitted to be displayed on the Rainier and Airport Way entrance fences through the termination date of this permit. 8.5. Conformity with Rules: Permittee further covenants to keep and operate the Premises and all structures, improvements, and activities in conformity with all rules, regulations and laws now or hereafter adopted by Permittor, including the Airport's Minimum Standards which are incorporated herein by this reference, the Federal Aviation Administration, the State Aeronautics Commission, or other duly constituted governmental authority, all at Permittee's cost and expense. 8.6. Waste, Nuisance, Illegal Activities: Permittee covenants that he will not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8.7. Increased Insurance Risk: Permittee will not do or permit to be done in or about the premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the premises or other buildings and improvements. 9. HAZARDOUS WASTE: 9.1. Permittee's Representation and Warranty: In particular, Permittee represents and warrants to the Permittor that Permittee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels, lubricants and other products which are customary and necessary for use in Permittee's ordinary course of business. 9.2. Standard of Care: Permittee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the term of this lease by Permittee, its agents or assigns, or is improperly used, released or disposed on the premises by the act of any third party. OPERATING PERMIT City of Renton to Sound Flight, Inc. 9.3. Indemnity: The parties agree that Penmittor shall have no responsibility to the Permittee, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Permittor, during the term of this Permit. Permittee agrees to indemnify and hold harmless the Permittor from any obligation or expense, including fees incurred by the Permittor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous substance upon the Premises not caused by Permittor, including remedial action under R.C.W. Chapter 70.105D, during the term of this Permit. 9.4. Dispute Resolution: In the event of any dispute between the parties concerning whether any release of or disposition of any such hazardous substance on, in or at the premises (a) occurred during the term of this lease, or (b) was caused by Permittor, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty (30) days after such appointment, shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of hazardous substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 10. MAINTENANCE: 10.1. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Permittor for use by the Permittee, shall be used and maintained by Permittee in an operable, neat, orderly, and sanitary manner. Permittor shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Permittee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves around the Premises, including that blown against fences bordering the Premises, whether as a result of the Permittee's activities or having been deposited upon the Premises from other areas. 10.2. Removal of Snow/Floodwater/Mud: Permittee shall be responsible for removal of snow and/or floodwaters or mud deposited therefrom from the Premises and those areas of the Sublessor utilized by the Permittee, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Permittor upon the public areas of the Airport. 10.3. Permittor May Perform Maintenance: If Permittee fails to perform Permittee's obligations under this Paragraph, Permittor may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Permittee, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Permittor together with Permittee's next rental installment. OPERATING PERMIT 6 City of Renton to Sound Flight, Inc. 11. ALTERATIONS. 11.1. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Permittee shall notify Permittor in writing of the expected date of commencement thereof. Permittor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Permittor reasonably deems necessary to protect the Premises and Permittor from mechanics' liens, materialmen's liens or any other liens. In any event, Permittee shall pay when due, or bond around, all claims for labor or materials furnished to or for Permittee at or for use in the Premises. Permittee shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Permittee or claimed to have been furnished to Permittee or to Permittee's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Pennittee. 11.2. Bond: At any time Permittee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Permittor may at its sole option require Permittee, at Permittee's sole cost and expense, to obtain and provide to Permittor a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements, to insure Penmittor against liability for mechanics and materialmen's liens and to insure completion of the work. 11.3. Penmittor May Make Improvements: Permittee agrees that Permittor, at its option, may at its own expense make repairs, alterations or improvements which Permittor may deem necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. 11.4. Notification of Completion: Upon completion of capital improvements made on the Premises, it is the Permittee's responsibility to promptly notify Permittor of such completion. 12. ASSIGNMENT: 12.1. Assignment/Subletting: The sublease or any part thereof shall not be assigned by Permittee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Permittor, which consent shall not be unreasonably withheld. If Permittee is a corporation, the transfer of a majority of Permittee's stock shall constitute an assignment for purposes of this paragraph. 12.2. No Release of Permittee's Liability: No assignment of this leasehold interest shall release Pennittee from the obligation to pay the rent and to perform all other obligations to be performed by Permittee under the terms of its sublease. No assignment shall so release Permitteeee unless Pennittor's consent is obtained pursuant to Paragraph 12.1. In the event that Permittor's consent to assignment is so obtained, Permittee shall be relieved of all liability arising from this permit and arising out of any act, occurrence or omission occurring after Permittor's consent is obtained. The Permittee's assignee must assume and agree to carry out all of the obligations of Permittee under this permit. OPERATING PERMIT City of Renton to Sound Flight, Inc. 13. DEFAULT: 13.1. Definition: It shall be a default of this Permit if the Permittee fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and city governments, any terms of this Permit and/or the underlying lease. 13.2 Action Upon Notice of Default: 13.2.1 In the event of default as provided above, the Permittor may, if it so elects, at any time thereafter, terminate this permit and the term hereof, on giving to the Permittee thirty (30) days notice (Notice of Default), in writing, of the Permittor's intention to terminate the Permit. 13.2.2. Alternatively, the Permittor may allow the Permittee to cure the default within thirty (30) days or, within that time, provide adequate assurance of future ability to cure the default. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee by a third party acceptable to Permittor, a surety bond, or a letter of credit. The default must be cured within ninety (90) days of the notice of default. 13.3. Termination of Permit: Upon the expiration of either of the notice periods specified in Paragraph 13.2 above, and if the event causing the default is not corrected in a timely manner, this permit and the term hereof, together with any and all other rights and options of Permittee herein specified, shall expire and come to an end on the day fixed in such notice. 14. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Permit shall be binding upon the parties, their successors and assigns, and in the case of a Permittee who is a natural person, his or her personal representative and heirs. 15. RIGHT OF INSPECTION. Permittee will allow Permittor, or Permittor's agent, free access to the Premises at all reasonable times for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the control of Permittor. 16. SURRENDER OF PREMISES: Permittee shall quit and surrender the premises at the end of the term in as good a condition as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Permittee, shall be and remain the property of the Permittor and shall remain on and be surrendered with the Premises as a part thereof at the termination of this lease without hindrance, molestation, or injury. Permittee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Permittee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. OPERATING PERMIT City of Renton to Sound Flight, Inc. 17. INSURANCE: 17.1. Personal Property: It is agreed that Permittor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Permittee, Permittee's invitees or other persons, which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Permittor does not cover any of the personal property of Permittee, Permittee's invitees or other persons upon the Premises through its insurance. Permittee, its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 17.2. Liability_ Insurance. The Permittee agrees to maintain in force during the term of this Permit a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Permittee hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto. 17.3. Insurance Policies: Insurance required hereunder shall be written in companies acceptable to Permittor and rated A-10 or better in "Best's Insurance Guides". Coverage's shall be submitted on forms prescribed by Permittor. Prior to possession, the Permittee shall deliver to Permittor copies of policies of such insurance acquired by Permittee, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Permittor. Permittor shall be named as an additional insured. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days' prior written notice to Permittor. Permittee shall, not less than thirty (30) days prior to the expiration of such policies, furnish Permittor with renewals or "binders" therefor. Permittee shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Permittee shall forthwith, upon Permittor's demand, reimburse Permittor for any additional premiums attributable to any act or omission or operation of Permittee causing such increase in the cost of insurance. If the Permittee shall fail to procure and maintain said insurance the Permittor may, but shall not be required to, procure and maintain the same, but at the expense of Permittee. 18. LIMITATION UPON PERMITTOR'S LIABILITY. Permittor shall not be liable for any damage to property or persons caused by, or arising out of (a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or (b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (c) any act or omission of any Permittee or other occupants of the building, or their agents, servants, employees or invitees thereof. OPERATING PERMIT 9 City of Renton to Sound Flight, Inc. 19. INDEMNITY: Permittee covenants to indemnify and save harmless Permittor against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the lease term, or arising from any act or negligence of the Permittee or any of its agents, contractors, patrons, customers, or employees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the lease term on, in, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Permittor by reason of any such claim, except such claims arising directly or indirectly out of Permittor's sole act or omission. Permittee, on notice from Permittor, shall resist or defend such action or proceeding forthwith. 20. HOLDING OVER: Permittee understands that upon expiration of the term of this permit, Permittee must execute a new permit with the Permittor as a condition to remaining on the premises. Permittee further understands that if, without execution of any extension or renewal of this permit Permittee should remain in possession of the premises after expiration or termination of the term of this permit, notwithstanding any extension of its sublease with Lessee, then the Lessee shall be in default of its lease, LAG 001-87 and Permittor may evict the Lessee and the Permittee. All the conditions, terms and provisions of this permit shall be applicable during such holding over. 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Permittor of a breach by Permittee of any covenant, agreement, stipulation, or condition of this lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. 22. NOTICES: All notices under this lease shall be in writing and delivered in person, with receipt therefor, or sent by certified mail, to the following addresses: a) For the City of Renton: b) For the Permittee: Airport Manager Sound Flight, Inc 616 West Perimeter Road 300 Airport Way Renton, Washington 98055 Renton, WA 98055 23. DISCRIMINATION PROHIBITED: 23.1. Discrimination Prohibited: Permittee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex, national origin, or any other class of person protected by the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Permittee further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Permittee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. OPERATING PERMIT 10 City of Renton to Sound Flight, Inc. 23.2. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin or sex. 23.3. Application to Sub -leases: Subject to the provisions of Paragraph 12 of this Permit, Permittee agrees that it will include the above clause in all assignments of this lease or sub -leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in further assignments or sub -leases. 24. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this paragraph shall not, however, operate to excuse Permittee from the prompt payment of rent, or any other payment required by the terms of this Permit, to be made by Permittee. 25. CAPTIONS: Article and paragraph captions are not a part hereof. 26. ENTIRE AGREEMENT: This Permit contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Permit may be modified in writing only, signed by the parties in interest at the time of the modification. In the event of conflict between the terms of this Permit and the sublease agreement between Permittee and Lessee, the terms of this Permit supersede. 27. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive, but shall, wherever possible be cumulative with all other remedies at law or in equity. 28. CORPORATE AUTHORITY: If Permittee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Permit on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation and in accordance with the Bylaws of said corporation, and that this Permit is binding upon said corporation in accordance with its terms. 29. TRANSFER OF PREMISES BY PERMITTOR: In the event of any sale, conveyance, transfer or assignment by Permittor of its interest in the Premises, Permittor shall be relieved of all liability arising from this Permit and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. OPERATING PERMIT 11 City of Renton to Sound Flight, Inc. PF.RMTTTF.F- Sound Flight, Inc. a Washington corporation By Michael Brown its: Owner Date: PERMITTOR: THE CITY OF RENTON a Washington municipal corporation Kathy Keolker-Wheeler Mayor Date: ATTEST: By City Clerk Date: Approved as to legal form: City Attorney OPERATING PERMIT 12 City of Renton to Sound Flight, Inc. Sound Flight Inc. Post Office Box 812 Renton, WA 98057 (425)255-6500 ' Fax: (425) 255-2313 www.soundfight.com Seaplane Air Services Flightseeing'fours April 15, 2004 Charter Flights Scheduled Flights Ryan Zulauf — Airport Manager RENTON MUNICIPAL AIRPORT 616 W. Perimeter Road Renton, WA 98055 Subject: Request for Operating Permit Dear Mr. Zulauf, Thank you for taking time out to talk to Mike Brown and me this past Monday. Per our discussion, this letter serves as our request for an Operating Permit to operate an FAA Part 135 on -demand charter service on the Renton Municipal Airport. Please find the attached lease agreement between South Cove Ventures, LLC and Sound Flight, Inc. for their ground floor corner office, beginning May 1, 2004. The lease includes two tie down spaces for our aircraft, car parking, as well as adequate lobby and training space. We will be operating two aircraft during the 2004 summer season, a de Havilland Beaver float plane and a Cessna 182 wheel plane. The insurance coverages required by the lease and by the airport will be bound on or before May V, We will provide a certificate of insurance at that time. We will begin our training in May and hope to begin commercial operations in June, pending receipt of the permit. What other information to you require to proceed with the approval of an Operating Permit? Thank you in advance for all of your assistance with this matter. Please feel free to call if you have any questions. Warm regards, SOUND FLIGHT, INC. 0 Mark W. Schoening ca Director of Operations (425)814-2290 Office U*) (425)814-2709 Fax cc: Michael Brown — SOUND FLIGHT, INC. Lo N G Apr 15 2004 9:44 MICHAEL L. BROWN, MD 20G-533-0474 p.1 Aerodyne Aviation South Cove Ventures, LLC 300 Airport Way Renton, WA 98055 LEASE AGREEMENT Aerodyne Aviation SOUTH COVE VENTURES, LLC OFFICE LEASE This Lease Agreement (this "Lease") is dated April 12, 2004, by and between Aerodyne Aviation, South Cove Ventures, LLC"), and Sound Flight, Inc ("Tenant"). This agreement fulfills, supplements and does not supersede the requirements of the Operating Permit and Agreement between Sound Flight and the City of Renton, and is ("contingent upon Sound Flight, Inc's receipt of such operating Permit") signed on; The parties agree as follows: PREMISES, Landlord; in consideration of the lease payments provided in this Lease, leases to Tenant 300 square feet of office space at the hangar/office building and two aircraft tie -down spaces at the south end of the Renton Municipal Airport. (the "Premises") located at 300 Airport Way, Renton, WA 98055. LEGAL DESCRIPTION. The legal description for the premises is: Main floor offices west side of building Suite 103; and includes use of customer reception area on main floor, and classroom/conference room area and other common areas. TERM. The lease term will begin on May 1.2004 and will terminate on AlLnt 30,2005 Will automatically renew yearly for five years with adjustments to rate. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of $600.00 payable in advance on the first day of each month, for a total lease payment of $7,200.00. Lease payments shalt be made to the Landlord at 300 Airport Way, Renton, WA 98055, which address may be changed from time to time by the Landlord. SECURM DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $600.00 (last months' lease payment) to be held and disbursed for Tenant damages to the Premises (if any) as provided by law. Apr 15 2004 9:44 MICHAEL L. BROWN, MD 206-533-0474 p.2 POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its. goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES. Tenant may use the Premises only for as described in Section 6. (Purpose and Use:) of the OPERATING PERMIT AND AGREEMENT between the City of Renton and Sound Flight. The Premises may be used for any other purpose only with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. FURNISHINGS. The lease of the Premises includes the furnishings listed on the attached exhibit. Tenant shall return all such items at the end of the lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. PARKING. Tenant shall be entitled to parking privileges as set forth: Parking is provided for customers in front of the building and outside the fence in owners leased lot. PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises in an amount not less than 100.00% of the full replacement value. Landlord and the City of Renton shall be named as an additional insured in such policies. In addition, will have a 30-day notice of cancellation and a waiver of subrogation for Building and any Aircraft that the tenants shall have at premises. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer before any termination of such insurance policies. Tenant shall also maintain any other insurance, which Landlord may reasonably require for the protection of Landlord's interest in. the Premises. Tenant is responsible for maintaining casualty insurance for its own property. LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises with personal injury limits of at least $1,000,000.00 for injury to one person, and $1,000,000.00 for any one accident, and a limit of at least $1,000,000.00 for damage to property per terms of the Airport Operating Permit and Agreement with the City of Renton. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is is force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice (30 Days) from the insurer before any termination of such insurance policies. MAINTENANCE. Tenant shall have the responsibility to maintain the Premises in good repair at all times during the term of this Lease. UTILITIES AND SERVICES. Water, Sewer, and Natural gas is included in the lease Apr 15 2004 9:45 MICHAEL L. BROWN, MD 206-533-0474 p.3 Phone, Cable and DSL are: the responsibility of the tenant. Any other services that the tenant requires are at the tenant's expense. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 30 days' written notice to Tenant that the Premises have been sold. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound, Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 30 days (or any other obligation within 30 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a raze equal to the most recent rate preceding the Holdover Period. Such holdover shall constitute a month -to -month extension of this Lease only if terms of payment due, CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation to conduct any construction or remodeling (at Tenant's expense) that may be required to use the Premises as specified above. Tenant may also construct such fixtures on the Premises (at Tenant's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord, which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the conunencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants, or workers. However, Landlord does not assume any liability for Apr 15 2004 9:45 MICHAEL L. BROWN, MD 20G-533-0474 p.4 the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. A waiver of subrogation is required. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premi ses any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. ARBITRATION. Any controversy or claim relating to this contract, including the construction or application of this contract, will be settled by binding arbitration under the rules of the American Arbitration Association, and any judgment granted by the arbitrators) may be enforced in any court of proper jurisdiction. ASSIGNABIOLIT'YISUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Tenant (from the ownership existing at the inception of this lease), nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld. Rpr 15 2004 9:45 MICHREL L. BROWN, MD 20G-533-0474 p.5 NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: LANDLORD - Aerodyne Aviation South Cove Ventures, LLC c% Michael Rice 300 Airport Way Renton, WA 98055 TENANT: Sound Flight, Inc 300 Airport Way Renton, WA 98055 Such addresses may be changed from time to time by either party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Washington. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would became valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and theirrespective legal representatives, successors and assigns. npr 15 2004 9:46 MICHREL L. BROWN, MD 206-533-0474 p.6 LANDLORD: Aerodyne Aviation Michael Rice Hangar Manag Michael Rice Date: TENANT: 6)7!2 S VCA Av By: �''�,'`-_ �Date: e-fll,2/0 c f Printed Name_ lee, Phone Other numbers -V-� --s- Apr 15 2004 9:46 MICHAEL L. BROWN, MD 206-533-0474 p.7 EXHIBIT A Aircraft using leased tie -downs and hangar: The following aircraft owned, operated, or leased to Sound Flight shall be parked in tie - downs leased from Aerodyne Aviation as per the "Premises" section of the attached lease agreement: Aircraft Make and Model N-Number 1 2 CITY OF RENTON PUBLIC WORKS DEPARTMENT REQUEST FOR INFORMATION OR CONCURRENCE - - -------- -- - --------------- ........ --- -------- DATE: April 29, 2004 TO: Zanetta Fontes, City Attorney FROM: Ryan Zulauf, WK75-1 CONTACT PERSON: SUBJECT: Legal Review -Operating Permit & Agreement for Sound Flight t Attached for your review is the Operating Permit & Agreement for Sound Flight. Please review and provide your comments. Thank you. REVIEWER#1 CONCURRENCE o/ Name Date UU. H:fbrmS1C0NCURQT-D0C(LAMh CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/Wastewater Section 1' Staff Contact...... John Hobson (X-7279) Agenda Status Consent .............. Subject: Public Hearing.. East Kennydale Sanitary Sewer Infill Phase II Correspondence.. Special Assessment District No. 0025 Ordinance........... Resolution........... Old Business........ Exhibits: New Business....... Issue Paper Study Sessions...... Draft Ordinance Information......... Draft Final Notice of Potential Assessment 24, 2004 X Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... -0- Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Wastewater Utility has completed construction of the East Kennydale Sanitary Sewer Infill Phase II project. At the regular Council Meeting of July 21, 2003, Council approved the preliminary Special Assessment District. The final costs and assessments have been determined and the property owners will be notified, as directed by City Ordinance #4444 (draft copy of notice attached). There is a potential for 143 single-family units within the Special Assessment District. The per -unit assessment for the district is $5,208.87. Thirty days after final approval of the ordinance, interest will accrue on the assessments at a rate of 5.93 % for a period of ten years (per City Ordinance #4505). STAFF RECOMMENDATION: It is the recommendation of the Planning/Building/Public Works Department that final approval is given for the East Kennydale Sanitary Sewer Infill Phase II Special Assessment District No. 0025 and that the ordinance regarding this matter is presented for first reading. H:\File Sys\WWP - WasteWater\WWP-27-3078 East Kennydale Sewer Infill PH II\SAD\Final-SAD\Final_Agenda_EKEN_PHII_SAD.doc/JDH/tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: May 13, 2004 TO: Don Persson, President City Council Members VIA: -Id Mayor Kathy Keolker- heeler FROM: Gregg Zimmermar ministrator Planning/Building/Public Works Department STAFF CONTACT: John Hobson, X-7279 SUBJECT: Establishment of the East Kennydale Sanitary Sewer Infill Phase II Special Assessment District No. 0025 ISSUE: The East Kennydale Sanitary Sewer Infill Phase II project construction is complete and the final costs have been determined. In order to ensure that the cost of this project is equitably distributed to those who benefit, a Special Assessment District is needed. RECOMMENDATION: • It is the recommendation of the Planning/Building/Public Works Department that final approval is given for the East Kennydale Sanitary Sewer Infill Phase II Special Assessment District No. 0025 and that the ordinance regarding this matter is presented for first reading. BACKGROUND SUMMARY: The East Kennydale Sanitary Sewer Infill Phase II project will provide sanitary sewer service to properties adjacent to eight streets (see attached map): Edmonds Ave NE: From NE 20`h St to NE 23`d St. NE 20`h St: From Edmonds Ave NE to Glenwood Ave NE. Glenwood Ave NE: From NE 20' St to the north end of the 2000 block of Glenwood Ave NE. May 13, 2004 Page 2 NE 22°1 St: From Edmonds Ave NE to the east end of the 2700 block of NE 22nd St. NE 2311 St: From Edmonds Ave NE to Harrington PI NE. Harrington PI NE: From NE 23rd St to NE 21't St. NE 21s` St: From Harrington PI NE to the east end of the 2900 block of NE 21" St. NE 251h St: From Edmonds Ave NE to the west end of the 2400 block of NE 25`h St. Previously these streets did not have sewer service available. These facilities are local service facilities and, as such, will only benefit the properties directly adjacent to the new mains. Because the only benefiting parcels are those that front the facilities, we recommend a direct benefit charge only. For these areas we chose to calculate the benefited area utilizing a per -connection method. This method takes the size of the lot and anticipates how many single-family residences could be constructed in accordance with the City's proposed zoning for the area. The estimated cost of the proposed sewer was $801,097.66. The original special assessment area had a potential of developing into 146 single-family lots. Therefore, the estimated assessment, based upon our preliminary cost estimate, was $5,486.97 per connection. The final cost for the new sewer is $744,868.14. The City was unable to obtain an easement to install a new sewer main in a private road on the west side of 2500 block of Edmonds Ave NE. Therefore, the three lots located at the end of this private road, which were in the original assessment district boundary, will be removed from the final assessment district. This leaves a potential of 143 single-family lots that can potentially be developed within the assessment district. This equates to a per -connection charge of $5,208.87 for the 143 potential single-family lots in the assessment district. CONCLUSION: It has been the policy of the City that when sanitary sewer facilities have been installed that the City hold a Special Assessment District in order to ensure that each property that benefits from the new facility pays their fair share of the costs. This policy helps to ensure that the existing ratepayers do not pay a disproportionate share of the costs for these City -installed facilities. Therefore, we recommend that Council approve staff's recommendation for establishment of the East Kennydale Sanitary Sewer Infill Phase II Special Assessment District No. 0025. H:\File Sys\W WP - WasteWater\W WP-27-3078 East Kennydale Sewer Infill PH II\SAD\Final-SAD\Final_Infill PHII_Issue_SAD.doc\JDH\tb NE 24th ST Z w a NE 25th ST 0 z p F O w Z NE 20TH Si z p f 0 w azanne� z GCy 6H' E aza 2: Tad p wz �lj Z E NE 21st ST EAST KENNYDALE SANITARY SEWER INFILL PHASE II SPECIAL ASSESSMENT DISTRICT DRAFT CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO EDMONDS AVE NE, NE 20TH ST, NE 22ND ST, NE 23RD ST, NE 21ST ST, HARRINGTON PL NE, GLENWOOD AVE NE, AND NE 25TH ST ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the East Kennydale Sanitary Sewer Infill Phase II project in the north quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit `B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the East Kennydale Sanitary Sewer Infill Phase II as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Char1le. New connections of residential units shall pay a fee of $5,208.87 per dwelling unit. SECTION III. In addition to the aforestated charges, there shall be a charge of 5.93% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of 32004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Kathy Keolker-Wheeler, Mayor HAFile Sys\WWP - WasteWater\W WP-27-3078 East Kennydale Sewer Infill PH II\SAD\Final-SAD\SAD_Ordinance-Infill- PHII.doc\JDH\tb EXHIBIT A EAST KENNYDALE SANITARY SEWER INFILL PHASE II SPECIAL ASSESSMENT DISTRICT AREA "A" LEGAL DESCRIPTION: The south one-half (1/2) of the Southwest quarter of the Northwest quarter of Section 4, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington; EXCEPT the east half (1/2) of the south one-half (1/2) of the south one-half (1/2) of said subdivision; and EXCEPT streets (Edmonds Avenue NE, NE 23rd Street, NE 22°d Street, NE 21S` Street and Harrington Place NE); TOGETHER WITH that portion of the Southeast quarter of the Northwest quarter of said Section 4, described as follows: Commencing at the southwest corner of said subdivision; Thence North 00' 53' 30" East, along the west line of said subdivision, a distance of 370.77 feet, to the southeast corner of a parcel owned by Randal and Catherine L. Corman per Deed recorded under King County Recording No. 8604040101, said southeast corner being the True Point of Beginning of this description; Thence continuing North 00' 53' 30" East, along the west line of said subdivision, a distance of 232.90 feet; Thence South 88' 18' 09" East, a distance of 4.99 feet, to the beginning of a curve to the right, said curve having a radius of 20.00 feet; Thence southeasterly along said curve, an arc distance of 32.74 feet; Thence South 05' 29'49" West, a distance of 115.64 feet, to the beginning of a curve to the left, said curve having a radius of 1030.00 feet; Thence southerly along said curve, an arc distance of 96.22 feet; Thence North 88' 18' 36" West, a distance of 12.13 feet, to the True Point of Beginning. EXHIBIT A EAST KENNYDALE SANITARY SEWER INFILL PHASE II SPECIAL ASSESSMENT DISTRICT AREA `B" LEGAL DESCRIPTION: The north 157.5 feet of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 4, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington; EXCEPT the street (Edmonds Avenue NE); TOGETHER WITH the plat of Huselands 1ST Addition, according to the plat thereof, recorded in Volume 54 of Plats, Page 26, Records of King County, Washington; EXCEPT Lot 2 thereof; and EXCEPT streets (NE 20t' Street, Glennwood Avenue NE). EXHIBIT A EAST KENNYDALE SANITARY SEWER INFILL PHASE II SPECIAL ASSESSMENT DISTRICT AREA "C" LEGAL DESCRIPTION: Lots 2 through 8, inclusive, of Block 1, Edendale, according to the plat thereof, recorded in Volume 60 of Plats, Page 81, Records of King County, Washington; TOGETHER WITH the west 152 feet of the south 100 feet of the north one-half (1/2) of Tract 205, C.D. Hillman's Lake Washington Garden of Eden Division No. 4, according to the plat thereof, recorded in Volume 11 of Plats, Page 82, Records of King County, Washington; and TOGETHER WITH the north 126 feet of the south 252 feet of said Tract 205; EXCEPT the east 100 feet thereof, and TOGETHER WITH the north 120 feet of the south 268 feet of the east 120 feet of Tract 206 of said plat; and TOGETHER WITH the south 90 feet of the north 265 feet of Tract 208 of said plat; and TOGETHER WITH the north 175 feet of the east 132.58 feet of said Tract 208; All situate in the east one-half (1/2) of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. EXHIBIT "B" w Z w a NE 25th S7 z EAST KENNYDALE SANITARY SEWER INFILL PHASE II SPECIAL ASSESSMENT DISTRICT DRAFT CITY OF RENTON FINAL NOTICE OF POTENTIAL ASSESSMENT for City of Renton East Kennydale Sanitary Sewer Infill Phase II Special Assessment District No. 0025 TAXPAYER_N» TAXPAYER_B» TAXPAYER C» « ZIP» King County Account No. «ASSESSOR I» LEGAL DESCRIPTION: «LEGAL DESC» PER UNIT ASSESSMENT $5,208.87 On August 12, 2003, I, Bonnie I. Walton, the City Clerk of Renton, Washington, mailed you a notice of potential assessment for sanitary sewer improvements associated with the East Kennydale Sanitary Sewer Infill Phase II Project. We have now completed construction of these sewer facilities. The facilities, as shown on the attached map, are eligible for cost recovery under City Special Assessment District Ordinance No. 4444. For those properties that could receive benefit directly by the sewers, future use would trigger payment of a Tair share' cost of the sewer. This assessment is calculated, as a unit charge, by dividing the cost of the conveyance portion of the sewers by the number of units projected for the basin served by these sewers. This rate has been established at $5,208.87 per unit. The purpose of the assessment district is to allow the City the ability to collect the costs of the construction of the sewer facilities from all those who benefit from its construction. To accomplish this, we are required to record an ordinance which will serve as a notice of potential assessment. This ordinance will establish a boundary that includes any parcel that may benefit in the future. It is our goal to ensure, in fairness to all, that any property owner that connects at a later date pays their share just like those who will connect right away. The benefit area is defined as the ultimate service area that the facility may be able to serve. This boundary is shown on the attached map. You will only be required to pay this assessment when the property gains benefit from these sewer facilities. Until that time, the property can be sold or change hands without triggering the assessment. Benefit from these sewer facilities can be described as follows: A property not currently connected to a City sewer facility (i.e., currently utilizing an on -site system or a vacant parcel), that connects to the sewer system associated with this district will trigger the assessment. Until then, the assessment will not be triggered. For those properties that are already connected to City sewer, this assessment will only be triggered if the property increases its density either by change of use (i.e., single family to multi-, family housing) or through increased density within the same use (i.e., further subdivision of land for single family housing). You will not be required to pay the assessment unless one of the above situations occurs. However, the assessment district will accrue simple interest at a rate of 5.93% per annum for a period of ten years. The accrual of interest will begin thirty (30) days after the notice of potential assessment is recorded with King County Records. To avoid interest charges at a future date, you may pay the amount of assessment during the thirty -day period after recording, interest free. This option is totally at the discretion of the property owner. HAFile Sys\WWP - WasteWater\WWP-27-3078 East Kennydale Sewer Infill PH II\SAD\Final-SAD\Infill-Ph1I final notice.doc\TDH\tb Some properties within the boundary of this special assessment district are currently within other city held special assessment districts. Each property will only be responsible to pay the charges for the special assessment districts that they derive benefit from. Per City Ordinance No. 4444 you may request an appeal hearing by writing to the Renton City Council, c/o City Clerk, 1055 S. Grady Way, Renton, WA 98055, within twenty (20) days of this mailing (by July XX, 2004, 5:00 P.M.). Grounds for protest: An appeal shall include a statement of claimed errors that concern the proposed assessment and must be accompanied by a $75.00 non-refundable fee. Errors which are not set forth in writing will not be considered. Pursuant to City Ordinance No. 4444, Sections 9-16-9.0 and D, the only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology, and the issue of benefit to the properties to be assessed Appeal Fee and Appeal Process: A non-refundable appeal fee in the amount of $75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper grounds for protest according to City Ordinance, a public hearing will be held. If no protests are received, the above -quoted notice of potential assessment will be recorded against your property. The charge(s) will not be collected until you subsequently tap onto or use the facilities covered by the Special Assessment District notice. We hope that this notice will answer most of your questions. If you do, however, have questions pertaining to sewer installations, the background of the assessment district, or the appeal process, please contacts John Hobson (primary) at 425-430-7279 or Dave Christensen (secondary) at 425-430-7212. Bonnie I. Walton, City Clerk Notice of Final Assessment/Final Hearing HAFile Sys\WWP - WasteWater\WWP-27-3078 East Kennydale Sewer Infill PH II\SAD\Final-SAD\Infill-PhIl_final_notice.doc\]DI-final � » z z f » z z 211 : � 7�f � !�= # 3m £ \ § \2 \ _\ R z z EAST KENNYDALE SANITARY SEWER INFILL PHASE II SPECIAL ASSESSMENT DISTRICT CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (RENTON PLACE DIVISION III; FILE NO. LUA-04-032FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 1.49 acres, is located in the vicinity of Maple Avenue NW, Lind Avenue NW, and NW 3rd Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this _day of _ ,-2004.-- Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney RES.1045:5/18/04:ma Kathy Keolker-Wheeler, Mayor 2 EXHIBIT "A" Tract 45, N.H. Latimer's lake Washington plat, as per plat recorded in volume 6 of plats, page 70, in king county, Washington; Together with the south %2 of the portion of vacated south 129`' street adjoining; Together with portion of vacated northwest 31 street adjoining as vacated by city of Renton ordinance no 4259; Situate in the city of Renton, county of king, state of Washington, S. 128TH ST. x /pFy m� SITE "' Q> cn �Zcn _� NW 4TH STOf O NW 3RD ST O ENTON SUNS�� gLVOw. 405 AHBL, INC 2215 NORTH 30TH STREET, STE. TACOMA, WA 98403 253-383-2422 S. 2ND ST. S. 3RD ST. 2 w >: J J Of Li S. 19TH ST z Q N 2 . •AHBL B s O 2 0 VICINITY MAP SCALE: 1 "=1 MILE NOIPAP73 I. •;.:"'rJ:p S nY'�th, z' /�. lid � �. '7 ��% i 4. �:/� '��__� r F: f ' Y~+v±F .j y I I I lI 11 � r I .:: 60' VAC C D R I 1 I AREA = 1 i I I� 1 1 AREA I AREA — II AEA: I I A 547 31 1 AREA I .. : I 1 1 4983. 4985. ; 7 i i 4 88.75 1 3 - L --__1,7 _-- J L L A .. w a m 50 I g 75a — 751 CL L_ 1 VAO t 13 zi Rd = I AREA = I AREA 1 74$8.54 6989.30 I AREA = 1 ,.,.:. 1 99 I 1 AREA L �ROTECT�fl SLOP 748$.56 L — 1 EASEMENT 1 1 ' I AREA ; r ' r,; = fpi, iy.. g•.+�t��w htlF; Y µ i i!� ���h ,�� 9: *' F •pus a'�x' ` i� .'�„ >�, b..pp'� r L'+ bpYi �� fly d, A "N' •� X . F �,'�• � ..`. 7 ii ` "�. fi ,Cp t.i�•.!:" t , . r.< ^ S * r .. z "k 4 `'' r ; ... _ APPPIOYED BY V COUNCIL Date COMMITTEE OF THE WHOLE COMMITTEE REPORT May 24, 2004 Renton Municipal Code Title III Amendments; Departments and Officers (Referred 5/10/2004) The Committee of the Whole concurs in the staff recommendation to amend Renton Municipal Code, Title III, Departments, in its entirety, and related Section 1-4-3 of Chapter 4, Mayor, of Title I, and Section 5-3-2 of Chapter 5, Salaries, of Title V, in order to establish the current City departments, the Mayoral authority to appoint City officers, and the City Council confirmation requirements. The Committee further recommends that�the ordinance reg4'rding this matter be presented for .r first reading. 3 � R 1. Don Persson, Council President" FINANCE COMMITTEE REPORT May 24, 2004 AP- PROVED BY j CiTY COUNCIL Data -5-- o2 (/- 1?00 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS APrroVrgj BY TRANSPORTATION/AVIATION COMMITTEE CETY COWNCIL COMMITTEE REPORT ®ate _S a boo' May 24, 2004 Master Use Agreement for VoiceStream PCS III. (Referred May 10, 2004) CITY OF RENTON, WASHINGTON RESOLUTION NO. 36V A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (RENTON PLACE DIVISION III; FILE NO. LUA-04-032FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 1.49 acres, is located in the vicinity of Maple Avenue NW, Lind Avenue NW, and NW 3rd Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this day of , 2004. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1045:5/18/04:ma Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2004. 2 EXHIBIT "A" Tract 45, N.H. Latimer's lake Washington plat, as per plat recorded in volume 6 of plats, page 70, in king county, Washington; Together with the south'h of the portion of vacated south 129' street adjoining; Together with portion of vacated northwest 3' street adjoining as vacated by city of Renton ordinance no 4259; Situate in the city of Renton, county of king, state of Washington, 04 �g 1�SN�s 'S •3/1b' NIVN G�-�P� GR cn o cn z p N � cry C/� Q a�N Q� 801Adl .� 3ldVVI MN 3Ab aNll p Z MN 3Ab SN3A31S N z •S •3Ad Hlt2 00CN LO CD J7 * M�j , 37VA J U �N N E w N = M � O U'E,r'.0� CS M _JZ¢M m^prn QNN PARCEL 42044OW06 N '40-2,§*E M, Mil I'mP 7 OT 60' VAC D R I k ff 2,25211, io AREA = I I AREA =1 AREA.,= E Al III AREA 547 31 Al EA 4-9:83. 4,985.17 1 1 88 �7 6g 86 4.. 5 88.75 6g,,88.6 j i0i 75L 75w7501 7' _ 75 c r Zli AREA= I' AREA=. 9 1 748-8654 698 .30 I AREA = I *TEClb SLOPt I I 4992.36 _J L EASEMENT AREA r W_49%,24 IAWAI� v CITY OF RENTON, WASHINGTON RESOLUTION NO. W& A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (JACQUES 241h ST.; FILE NO. LUA-04- 019FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 1.78 acres, is located in the vicinity of Camas Avenue NE and NE 24 nStreet) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this day of , 2004. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1046:5/18/04:ma Bonnie I. Walton, City Clerk day of , 2004. Kathy Keolker-Wheeler, Mayor 2 "EXHIBIT A" LEGAL DESCRIPTION: THE WEST HALF OF TRACT 223, C.D. HILLMAN'S LAKE WA. GARDEN OF EDEN ADDITION TO SEATTLE DIVISION NO.4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. VICINITY MAP: o NTS N-IMh St i No 28 St rN-27th-PNo 27[ j Ne2&h PII— � e .. Fn M!I:a {-1 Liu rkf d—' FJ;24tn 5t t24th { �o z �� � z I1IP 14r f ' -- ^ � m-- 'q % 'SITE r s—{ �2 I D I �e lath2oth St 19gtQt a � S-- _ s_ me 171h PI GC 2 Ll on 5 A, Ii Z �N O 1 et'no"Al 3> I w EeaclOF Par. ;we 1_.61h SIC) —�; z ..6 1de 14tit St1 D m —< s it j:.. t r m ml e z .0 iNe 13th St r KGNo t2lh' 4 N 8 0 NEE. RI TH ST.- —e _ SCALE. 1" = 100' EXHIBIT PREPARED FOR: ✓AMES H. JACQUES C x — CRONES & ASSO''. bA LAND SURVEYOR: amaa ,ion, ac sc Wff m Aao., (42V &v-am SHEET 1 OF 1 oa/ta/a CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-4-3 OF CHAPTER 4, MAYOR, OF TITLE I (ADMINISTRATIVE); TITLE III (DEPARTMENTS AND OFFICERS); AND SECTION 5-3-2 OF CHAPTER 5, SALARIES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REDEFINING THE CREATION, DUTIES AND METHODS OF COMPENSATION OF THE DEPARTMENT ADMINISTRATORS AND OFFICERS OF THE CITY OF RENTON. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 1-4-3 of Chapter 4, Mayor, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 1-4-3 RULES FOR APPOINTING OFFICERS: The Department officers and administrators listed in Title III shall be appointed by the Mayor, and subject to confirmation by a majority of the members of the City Council. If the Council shall refuse to confirm any such nomination of the Mayor, then the Mayor shall appoint another person to fill the office, and the Mayor may continue to appoint until the appointee is confirmed. The Council shall have up to two regularly scheduled council meetings, but not less than ten (10) days, to act upon the Mayor's appointment, but should the Council fail to act within that period of time, the appointment will be deemed confirmed. The Mayor shall have the ability to make interim appointments for up to six months without Council confirmation. Each administrator appointed shall, before entering upon the duties of that office, take the oath of office, if required, and further, if required, shall give bond and file the same within ten (10) days 1 ORDINANCE NO. after receiving notice of appointment and confirmation, or if no notice is received, then on or before the date fixed for the assumption of the duties of the office to which that person has been appointed. SECTION II. Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: TITLE III DEPARTMENTS AND OFFICERS Subject Chapter , Administrative, Judicial and Legal Services 1 Community Services . 2 Economic Development, Neighborhoods, and Strategic Planning 3 Finance and Information Services 4 Fire 5 Human Resources and Risk Management 6 Planning/Building/Public Works 7 Police 8 2 ORDINANCE NO. CHAPTER 1 ADMINISTRATIVE, JUDICIAL AND LEGAL SERVICES DEPARTMENT SECTION: 3-1-1 Establishment of Department 3-1-2 Chief Administrative Officer 3-1-3 Mayor's Office 3-1-4 City Attorney Office 3-1-5 City Clerk Office 3-1-6 Hearing Examiner Office 3-1-7 Municipal Court Services 3-1-1 ESTABLISHMENT OF DEPARTMENT: There is hereby established the Administrative, Judicial and Legal Services (AJLS) Department. This department, consisting of five separate offices, is established and grouped for budget organization purposes, not as a delegation collectively responsible for a portion of the sovereign power of government. 3-1-2 CHIEF ADMINISTRATIVE OFFICER: A. Position Established and Appointment There is hereby established the position of Chief Administrative Officer who shall be the chief appointed official in the City. The Chief Administrative Officer shall be appointed by, report to, and serve at the pleasure of the Mayor. Appointment of the Chief Administrative Officer shall be subject to confirmation by a majority of the City Council. B. Duties The Chief Administrative Officer shall manage the various departments as established in this title and shall have general oversight of all City departments as delegated by the Mayor. The Chief Administrative Officer shall be responsible for the City's general operations, public 3 ORDINANCE NO. relations and governmental affairs. The Chief Administrative Officer shall perform other administrative duties as prescribed by the Council and/or directed by the Mayor. C. Qualifications The Chief Administrative Officer must have those qualifications deemed necessary for this job by the Mayor, indicated on the City's Chief Administrative Officer job classification. 3-1-3 MAYOR'S OFFICE: The Mayor's Office shall be responsible for the coordination of various internal and external issues and programs, including community relations, special events, and the facilitation of internal and external communications. This office shall have the responsibility to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation for these functions. 3-1-4 CITY ATTORNEY OFFICE: A. Office Established. There is hereby established the office of City Attorney. B. Appointment. The position of City Attorney shall be filled by appointment by the Mayor, subject to confirmation by a majority of the City Council. C. Duties. The City Attorney shall be the legal advisor of the Council and of all of the officers, commissions and boards of the City in relation to matters pertaining to their operations in a governmental capacity. The City Attorney shall represent the City in all litigation, in all courts in which the City is a party or directly interested, and shall prosecute all violations of the provisions of this Code and act generally as Attorney for the City and the several departments of El ORDINANCE NO. the City government, together with such additional duties as the Council may prescribe by ordinance or which the Mayor's office may request from time to time. D. Compensation. The City Attorney's office shall receive such compensation for general services as the Council may establish in the City's annual budget, provided, however, that such payment for general services shall not include payment for supplemental services. General and supplemental services shall be forth in the contract between the City and the City Attorney's Office. E. Additional Compensation. In the event that supplemental, unusual or extraordinary services are required, then the City Attorney's office shall charge for such services at an hourly rate as agreed to between the City and the City Attorney, such hourly rate to not be more than that generally charged by attorneys of like experience and skill in the King County area. 3-1-5 CITY CLERK OFFICE: A. Office Established and Appointment. There is hereby established the office of the City Clerk. The position of City Clerk shall be filled by appointment by the Mayor and confirmation by a majority of the City Council. B. Duties. The City Clerk shall have all of the powers granted and duties imposed by authority of the laws of the state and ordinances of the City now existing or subsequently adopted. The City Clerk shall be a full-time, non -civil service position who shall be in charge of the City Clerk's Office. The City Clerk, or deputy as assigned by the City Clerk, shall attend all meetings of the City Council and keep a complete record of the proceedings thereof; and have custody of the City's seal, the original roll of ordinances, the original contracts, deeds and certificates relative to ORDINANCE NO. the title of any property of the City and such other records or documents as are required to be deposited with the City. The City Clerk shall attest all public instruments and official acts of the Mayor and shall provide certified copies of original records as may be required and make such charge therefor as provided by ordinance. The City Clerk shall also serve as the City's cable television manager, in charge of cable franchise administration and the operations of the government access cable television channel. C. Qualifications. The City Clerk must have those qualifications deemed necessary for this job by the Mayor, indicated on the City's City Clerk job classification. 3-1-6 HEARING EXAMINER OFFICE: A. Office Established. The office of the Hearing Examiner, hereinafter referred to as Examiner, is hereby established. B. Duties. The Examiner shall interpret, review and implement land use regulations as provided in this Chapter and other ordinances. The term Hearing Examiner shall likewise include the Examiner Pro Tem. C. Appointment and Term. 1. The initial appointment shall be for a probationary period, which shall expire on the last day of January of the next odd -numbered year. Should the resulting term be one calendar year or less, then the term shall expire on the last day of January of the next succeeding odd -numbered year. 2 ORDINANCE NO. 2. Reappointment: The Examiner and the Examiner Pro Tem shall be appointed by the Mayor of the City. The Examiner and the Examiner's reappointment shall be confirmed by a majority of the City Council, and such appointment shall be for a term of four (4) years, expiring on the last day of January of every such four (4) year term.. D. Removal. The Examiner or the Examiner Pro Tem may be removed from office at any time by the affirmative vote of not less than five (5) members of the City Council for just cause. E. Qualifications. The Examiner and Examiner Pro Tem must have those qualifications deemed necessary for this job by the mayor, indicated on the City's Hearing Examiner job classification. F. Examiner Pro Tempore Duties. The Examiner Pro Tem shall, in the event of the absence or the inability of the Examiner to act, have all the duties and powers of the Examiner. 3-1-7 MUNICIPAL COURT SERVICES: A. Establishment of Municipal Court. There is hereby created and established the Municipal Court of the City of Renton. B. Election, Term and Qualifications of Judge. The Judge of the Municipal Court shall be elected to office for a term of four years commencing on January 1, 1986, and every four years thereafter. Additional part-time judges may be appointed by the Mayor, subject to the confirmation or concurrence of a majority of the members of the City Council. C. Judges Pro Tem. 7 ORDINANCE NO. 1. The Judge shall appoint Judges Pro Tern who shall act in the absence, disability or temporary disqualification of the regular Municipal Court Judge, or the need for more than one judge. The Judges Pro Tern shall be qualified to hold the position of Judge of the Municipal Court. 2. Such Pro Tem Judges shall receive hourly compensation for handling the calendar on any regular or special court day. Such compensation shall be determined in the City budget. Chapter 2 COMMUNITY SERVICES DEPARTMENT SECTION: 3-2-1: Establishment of Department 3-2-2: Appointment of Administrator 3-2-3: Duties of Administrator 3-2-4: Qualifications of Administrator 3-2-5: Divisions 3-2-1 ESTABLISHMENT OF DEPARTMENT: There is hereby created and established the Community Services Department. 3-2-2 APPOINTMENT OF ADMINISTRATOR: The Community Services Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-2-3 DUTIES OF ADMINISTRATOR: The duties of the Administrator shall be to plan, organize, coordinate and direct the City's N. ORDINANCE NO. community services functions including parks, recreation, libraries, human services and municipal facilities maintenance; coordinate the acquisition of parks and open space lands; oversee work plans and provide relevant information to the Mayor and City Council; and supervise and evaluate the performance of assigned personnel. The Administrator shall also oversee the Human Services section, which is responsible to plan, organize, develop and implement a variety of human services for qualified City residents; and manage the Community Development Block Grant program (CDBG) in accordance with established policies, procedures, regulations and requirements. 3-2-4 QUALIFICATIONS OF ADMINISTRATOR: The Community Services Administrator must possess those qualifications deemed necessary for this job by the Mayor, indicated on the City's Community Services Administrator job classification. 3-2-5 DIVISIONS: A. Parks Division. The Parks Division shall be responsible to plan, organize and direct the operation, maintenance and development of the City's parks and outdoor recreation facilities, municipal golf course and landscaping/street tree maintenance. B. Recreation Division. The Recreation Division shall be responsible to plan, organize and direct the operation and development of the City's recreation programs and services, including leisure time programs, aquatics, senior programs, youth and adult sports programs, special populations programs, cultural arts and special events. 6 ORDINANCE NO. C. Facilities Division. The Facilities Division shall be responsible to plan, organize, direct and implement comprehensive city-wide programs for all municipal space, facilities and related services. D. Library Division. The Library Division shall be responsible to provide professional library operations such as acquisitions, circulation, and children's library or reference; evaluation and selection of books and materials for the library collection; and assistance to patrons by locating materials and providing information. CHAPTER 3 ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING DEPARTMENT SECTION: 3-3-1: Establishment of Department 3-3-2: Appointment of Administrator 3-3-3: Duties of Administrator 3-3-4: Qualifications of Administrator 3-3-1 ESTABLISHMENT OF DEPARTMENT: There is hereby created and established the Economic Development, Neighborhoods and Strategic Planning (EDNSP) Department. 3-3-2 APPOINTMENT OF ADMINISTRATOR: 10 ORDINANCE NO. The Economic Development, Neighborhoods and Strategic Planning Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-3-3 DUTIES OF ADMINISTRATOR: The duties of the Administrator shall be to plan, organize, coordinate and direct the City's economic development and long-range planning functions including business recruitment and retention, land use planning, and legislative affairs and neighborhood program; oversee work plans and provide relevant information to the Mayor and City Council; and supervise and evaluate the performance of assigned personnel. The Administrator shall also be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of the local, state and federal legislative lobbying activities of the City. The Administrator shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of City economic development services, including business recruitment and retention. A. Strategic Planning. The Division shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of City long-range land use planning services, including zoning and comprehensive planning. B. Neighborhood Program. The Division shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of the Neighborhood Program of the City, including neighborhood revitalization and citizen involvement. 3-3-4 QUALIFICATIONS OF ADMINISTRATOR: 11 ORDINANCE NO. The Economic Development, Neighborhoods and Strategic Planning Administrator must possess those qualifications deemed necessary for this job by the Mayor, indicated on the City's Economic Development, Neighborhoods and Strategic Planning Administrator job classification CHAPTER 4 FINANCE AND INFORMATION SERVICES DEPARTMENT SECTION: 3-4-1: Establishment of Department 3-4-2: Appointment of Administrator 3-4-3: Duties of Administrator 3-4-4: Qualifications of Administrator 3-4-5: Divisions 3-4-1 ESTABLISHMENT OF DEPARTMENT: There is hereby created and established the Finance and Information Services Department. 3-4-2 APPOINTMENT OF ADMINISTRATOR: a The Finance and Information Services Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-4-3 DUTIES OF ADMINISTRATOR: The duties of the Administrator shall be to plan, organize, coordinate and direct the City's financial, fiscal, print, voice, data and information technology activities. The work included in this shall be preparation of the City's budget; oversight of all procedures and policies and 12 ORDINANCE NO. activities associated with the City's annual audit by the State Auditor's Office with the completion of the Comprehensive Annual Financial Report; oversight of all investments; development and implementation of information technology strategies; maintenance of all voice and data communications; oversight of work plans; providing relevant information to the Mayor and City Council; and the supervision and evaluation of the performance of assigned personnel. 3-4-4 QUALIFICATIONS OF ADMINISTRATOR: The Finance and Information Services Administrator must possess those qualifications deemed necessary for this job by the Mayor, indicated on the City's Finance and Information Services Administrator job classification. 3-4-5 DIVISIONS: A. Fiscal Services Division. The Fiscal Services Division shall be responsible to plan, organize, coordinate and direct the financial and fiscal activities of the City. These shall include budget development for not only the department but also the entire City, investment of the City's working cash capital; day- to-day cash control; accounts payables; accounts receivables; and payroll. B. Information Services Division. The Information Services Division shall be responsible to strategically plan, organize, coordinate and implement city-wide technological solutions. CHAPTER 5 FIRE DEPARTMENT SECTION: 3-5-1: Establishment of Department 3-5-2: Appointment of Fire Chief 13 ORDINANCE NO. 3-5-3: Duties of Fire Chief 3-5-4: Qualifications of Fire Chief 3-5-5: Divisions 3-5-1 ESTABLISHMENT OF DEPARTMENT There is hereby created and established a Fire Department. 3-5-2 APPOINTMENT OF FIRE CHIEF: The Fire Chief shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-5-3 DUTIES OF FIRE CHIEF: The duties of the Fire Chief shall be to plan, organize, coordinate and direct the Department's services and functions including administration, emergency response, fire prevention, training, and disaster management; provide relevant information to the Mayor and City Council; supervise and evaluate the performance of assigned personnel; and utilize the authority to make rules and issue orders for the proper functioning of the Department, consistent with laws, Council policies and the rules of the Civil Service Commission. 3-5-4 QUALIFICATIONS OF FIRE CHIEF: The Fire Chief must possess those qualifications deemed necessary for this job by the Mayor, indicated on the City's Fire Chief job classification. 3-5-5 DIVISIONS: A. Operations Division. The Emergency Response section shall be responsible for attempting to reduce deaths and injuries; decrease pain and suffering; and reduce property loss, economic loss and environmental impact. 14 ORDINANCE NO. B. Administration/Support Services Division. Administration. The Administration section shall be responsible for providing beneficial communication with internal personnel and external agencies and customers, employee understanding of department and City goals, continuous operation of critical database components, integrity of data entry for inspections and incident reports, timely reports, budget preparation, and maintenance and testing of all equipment according to manufacturers' recommendations. The Administration section shall also be responsible for increasing the effectiveness of fire department services through selection of appropriate apparatus, ensuring that City obligations are met for housing firefighters and apparatus, and ensuring that new fire stations are sited to provide a corresponding decrease in response times and service where needed. 2. Fire Prevention Bureau. The Fire Prevention Bureau shall be responsible for conducting business inspections, fire investigations, plans review and public education. 3. Training. The Training section shall be responsible for increasing the technical expertise of firefighters in emergency services; completing all training required by local, State and Federal regulations; providing drills and activities to promote standards of response; increasing safety on drill ground and at emergency scenes; and reducing liability and improving the insurance rating for the City. 4. Disaster Management. The Disaster Management section shall be responsible during a disaster for saving lives and reducing injuries, reducing environmental impact, reducing property loss, maintaining order, restoring City services, reducing financial impact on the City, increasing coordination of City resources and increasing external agency cooperation. 15 ORDINANCE NO. CHAPTER 6 HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT SECTION: 3-6-1: Establishment of Department 3-6-2: Appointment of Administrator 3-6-3: Duties of Administrator 3-6-4: Qualifications of Administrator 3-6-1 ESTABLISHMENT OF DEPARTMENT: There is hereby created and established a Department of Human Resources and Risk Management. 3-6-2 APPOINTMENT OF ADMINISTRATOR: The Human Resources and Risk Management Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-6-3 DUTIES OF ADMINISTRATOR: The duties of the Administrator shall be to develop and implement City Human Resources and Risk Management policies, programs and projects; provide human resources services and advice to City departments and employees; manage risk using a variety of tools including the purchase of insurance, as well as the management of tort liability claims filed against the City, and identify, analyze, control and minimize the City's exposure to financial, personnel and property losses; direct and participate in a variety of professional personnel activities including recruitment, selection, testing, classification analysis and labor relations; and train, assign, supervise and evaluate assigned personnel. 16 ORDINANCE NO. 3-6-4 QUALIFICATIONS OF ADMINISTRATOR: The Human Resources and Risk Management Administrator must possess those qualifications deemed necessary for this job by the Mayor, indicated on the City's Human Resources & Risk Management Administrator job classification. CHAPTER 7 PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT SECTION: 3-7-1: Establishment of Department 3-7-2: Appointment of Administrator 3-7-3: Duties of Administrator 3-7-4: Qualifications of Administrator 3-7-5: Divisions 3-7-1 ESTABLISHMENT OF DEPARTMENT: There is hereby created and established a Department of Planning/Building/Public Works, which shall be under the supervision of the Planning/Building/Public Works Department Administrator. 3-7-2 APPOINTMENT OF ADMINISTRATOR: The Planning/Building/Public Works Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-7-3 DUTIES OF ADMINISTRATOR: The duties of the Administrator shall be to plan, organize, coordinate, direct and supervise all Planning/Building/Public Works Department functions and divisions; oversee work 17 ORDINANCE NO. plans and provide relevant information to the Mayor and City Council; and supervise and evaluate the performance of assigned personnel. 3-7-4 QUALIFICATIONS OF ADMINISTRATOR: The Planning/Building/Public Works Administrator must possess those qualifications deemed necessary for this job by the Mayor, indicated on the City's Planning/Building/Public Works Administrator job classification. 3-7-5 DIVISIONS: A. Development Services Division. The Development Services Division shall be responsible for providing review, permitting and inspection services for all land use actions in the City of Renton. These services shall include, but are not limited to, environmental, site plan, conditional use, subdivision, building, mechanical, plumbing, electrical, street and utility improvements, franchise utility improvements, developer utility extensions, temporary use and other categories of use review, permitting and inspection. The division shall also provide zoning code enforcement services and maintain files and records of development projects within the City of Renton. B. Transportation Systems Division. The Transportation Systems Division, under the supervision of the Transportation Systems Division Director, shall plan, design, construct, operate, and maintain a transportation system that provides safe and efficient movement of people and goods, enhances environmental quality, and is compatible with local and regional mobility goals and development objectives. Management of the Renton Municipal Airport is also included in this division. ORDINANCE NO. C. Utility Systems Division. The Utility Systems Division, including water, sewer, surface water, solid waste and technical services, under the supervision of the Utility Systems Director, shall insure water, wastewater, surface water, and solid waste systems are characterized by quality planning, engineering, operations, financial integrity, and customer services. This Division also maintains property information and other records, manages automated mapping and geographic information systems and data analysis, and maintains survey documentation. D. Maintenance Services Division. The Maintenance Services Division, including street maintenance, water maintenance, wastewater maintenance and vehicle fleet maintenance, shall operate and maintain the City's infrastructure including streets, sidewalks, bridges, equipment, rolling stock, water, wastewater, and surface water utility systems, and the solid waste utility litter control program. CHAPTER 8 POLICE DEPARTMENT SECTION: 3-8-1: Establishment of Department 3-8-2: Appointment of Police Chief 3-8-3: Duties of Police Chief 3-8-4: Qualifications of Police Chief 3-8-5: Divisions 3-8-1 ESTABLISHMENT OF DEPARTMENT: There is hereby established the Renton Police Department. 19 ORDINANCE NO. 3-8-2 APPOINTMENT OF POLICE CHIEF: The Police Chief shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. 3-8-3 DUTIES OF POLICE CHIEF: The Chief of the Police administers the Renton Police Department and has the authority to make rules and issue orders for the proper functioning of the department, consistent with law, Council policy and the rules of the Civil Service Commission. 3-8-4 QUALIFICATIONS OF POLICE CHIEF: The Police Chief must possess those qualifications deemed necessary for this job by the Mayor and his/her designee, indicated on the City's job description. 3-8-5 DIVISIONS: A. Patrol Operations Division. The Patrol Operations Division shall be responsible for preventing criminal conduct; enforcing laws and ordinances; investigating criminal offenses; detecting and preserving evidence and property; and apprehending offenders. B. Patrol Services Division. The Patrol Services Division shall be responsible for providing traffic enforcement; investigating major motor vehicle accidents; providing parking enforcement; resolving animal complaints; planning and organizing special events; and resolving critical incidents. C. Investigation Division. The Investigation Division shall be responsible for conducting criminal investigations; collecting and disseminating intelligence; recovering stolen property; arresting offenders; and processing, storing, and releasing evidence and property. 20 ORDINANCE NO. D. Administrative Services Division. The Administrative Services Division shall be responsible for providing department personnel services, crime prevention, and community relations programs; fulfilling personnel and department equipment needs; administering a volunteer staff, conducting planning and research; and maintaining professional standards. E. Auxiliary Services Division. The Auxiliary Services Division shall be responsible for maintaining a safe, secure, and contraband free jail environment; evaluating inmate health and living conditions; and providing a cost effective and safe Electronic Home Detention Program. F. Staff Services Division. The Staff Services Division shall be responsible for recording and disseminating information to department members and other agencies; organizing and storing information; and providing security for City Hall. SECTION III. Section 5-3-2 of Chapter 3, Salaries, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 5-3-2 SALARIES OF APPOINTIVE OFFICERS: The appointive officers shall receive such salaries as are fixed and established by City of Renton ordinances and such salaries shall be paid in equal semi-monthly installments unless otherwise determined by the City Council or by State law. For the purpose of this Section the appointive officers are those appointed by the Mayor and whose appointment is subject to confirmation by the City Council. They shall include, among others: Chief Administrative Officer, Finance and Information Services Administrator, Hearing Examiner, Human Resources 21 ORDINANCE NO. and Risk Management Administrator, Planning/Building/Public Works Administrator, Community Services Administrator, Economic Development, Neighborhoods, and Strategic Planning Administrator, Police and Fire Chief as per applicable civil service laws, and the City Clerk. The City Attorney shall be compensated according to the terms of the City Attorney's contract. SECTION IV. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1113:5/19/04:ma Bonnie I. Walton, City Clerk 2004. day of , 2004. Kathy Keolker-Wheeler, Mayor 22