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Council 02/28/2005
if AGENDA RENTON CITY COUNCIL REGULAR MEETING February 28, 2005 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Red Cross Month - March, 2005 4. SPECIAL PRESENTATION: Community Services Department Employee Recognition 5. PUBLIC HEARINGS: a. Petition for vacation of portions of Bremerton Ave. NE between NE 2nd and NE 3rd Streets (Petitioner: Liberty Ridge LLC) b. 2004 City Code Title IV (Development Regulations) docket and related amendments 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of February 14, 2005. Council concur. b. City Clerk reports receipt of $16,500 compensation paid by petitioner, as set by Council on 10/25/2004, and recommends adoption of an ordinance to finalize the Conner Homes vacation of portions of 140th Ave. SE, between SE 132nd St. and SE 136th St.; VAC-04-001. Council concur. (See 1 La. for ordinance.) c. City Clerk reports bid opening on 2/22/2005 for CAG-05-008, Lake Washington Blvd. Slip Plane; seven bids; engineer's estimate $436,860; and submits staff recommendation to award the contract to the low bidder, Northwest Cascade, Inc., in the amount of $440,000. Council concur. d. Court Case filed on behalf of Boeing Employees Flying Association, Inc. by Philip T. Mattern, Demco Law Firm, P.S., 5224 Wilson Ave. S., Suite 200, Seattle, 98118, regarding the removal of underground fuel tanks from leased property at the Renton Airport. Refer to City Attorney and Insurance Services. e. Community Services Department recommends approval of the emergency repair of two elevators located at the 200 Mill Building in the amount of $38,156.16. Council concur. f. Economic Development, Neighborhoods and Strategic Planning Department submits 60% Notice of Intent to annex petition for the proposed Wedgewood Lane Annexation, and recommends a public hearing be set on 3/14/2005 to consider the petition and future zoning; 25.63 acres located between 144th Ave. SE and 148th Ave. SE. Council concur. g. Economic Development, Neighborhoods and Strategic Planning Department recommends the appointment of Kim Hart, general manager of the TownePlace Suites and SpringHill Suites by Marriott, to the Renton Lodging Tax Advisory Committee to fill the vacancy left by Terry Godat. Council concur. (CONTINUED ON REVERSE SIDE) h. Legal Division recommends adoption of an ordinance that amends City Code Chapter 6-1, Abandoned Vehicles, by adding definitions, expanding the scope of junk vehicles to include parts thereof, adding explanatory language, and criminalizing violations. Refer to Public Safety Committee. i. Municipal Court requests authorization to hire a Probation Officer at Step D of the salary range. Refer to Finance Committee. j. Utility Systems Division requests approval of a consultant agreement with Golder Associates, Inc. in the amount of $99,396.12 to implement the 2005 Monitoring Plan for the Cedar River Section 205 Flood Damage Control project. Council concur. 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. Finance Committee: Vouchers; Information Management Services Agreement with GM2 Systems; Claims Processing Fee Schedule with Healthcare Management Administrators b. Planning & Development Committee: R-1 Zone Community Separators; Critical Areas Ordinance c. Transportation (Aviation) Committee: Bruce Levin Airport Lease Addendum; Kaynan, Inc. Airport Lease Addendum; Bosair, LLC Airport Lease Addendum; I-405/SR-167 Interchange 5% Design Concurrence Letter with WSDOT; I-405 Mainline Alignment Concurrence Letter with WSDOT d. Utilities Committee: Springbrook Creek Wetland & Habitat Mitigation Bank Concurrence Letter with WSDOT 11. RESOLUTIONS AND ORDINANCES Ordinances for first reading: a. Vacation of portions of 140th Ave. SE; petitioner Conner Homes (see 8.b.) b. Medical Institution definition amendment (Council approved 2/7/2005) Ordinances for second and final reading: a. Service fees for special water meter read services (1st reading 2/14/2005) b. Service fees for utility outstanding balance searches (1st reading 2/14/2005) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT :O • 1:►ul COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Renton Transit Center 6:30 p.m. Tour of Police Sub -Station • 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 February 28, 2005 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 TERRI BRIERE, Council President; DENIS LAW; DAN CLAWSON; TONI COUNCILMEMBERS NELSON; RANDY CORMAN; DON PERSSON; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; LAWRENCE J. WARREN, City ATTENDANCE Attorney; BONNIE WALTON, City Clerk; SANDRA MEYER, Transportation Systems Director; MIKE STENHOUSE, Maintenance Services Director; DAVE CHRISTENSEN, Utility Engineering Supervisor; KAREN MCFARLAND, Engineering Specialist; ALEX PIETSCH, Economic Development Administrator; DENNIS CULP, Community Services Administrator; PETER RENNER, Facilities Director; SYLVIA ALLEN, Recreation Director; KAREN BERGSVIK, Human Services Manager; DEREK TODD, Assistant to the CAO; COMMANDER FLOYD ELDRIDGE, Police Department. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring the month of Red Cross Month - March, March, 2005, to be "Red Cross Month" in the City of Renton and urging all 2005 citizens to join in this special observance. The American Red Cross serving King and Kitsap Counties reaches out to those whose lives have been touched by adversity and helps thousands of others prevent and prepare for crises yet to come. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Red Cross volunteer Vicki Lee accepted the proclamation. SPECIAL PRESENTATION Dennis Culp, Community Services Administrator, explained that the Community Services: Community Services Department employee recognition committee is comprised Employee Recognition of employees who select quarter and annual individual and team awardees. He introduced Facilities Director Peter Renner who announced the 2004 employee and team recognition awards as follows: Employee of the First Quarter: Janice Bicknell, Library Technical Assistant Employee of the Second Quarter: Dianne Utecht, CDBG Specialist Employee of the Third Quarter: Ryan Spencer, Office Assistant III (Community Center) Employee of the Fourth Quarter: Teresa Nishi, Recreation Specialist 1 Team of the Second Quarter: Facilities Technical Staff - Dennis Conte, Tanya Carey, Warner Curl, Sam Kamphaus, Dennis Murdoch, Casey Pearson, and Paul Youngedyk Team of the Third Quarter: Senior Center Staff - Shawn Daly, Debbie Little, Wendy Kirschner, Bobbi Lane, and Patty Wills Team of the Fourth Quarter: Parks Maintenance Staff at Gene Coulon Park - John Akerlund, Mark Berry, Ernest Flowers, Dale Hall, Patricia Hunter, Rebecca H. Johnson, Jeff Nasset, and David J. Peterson February 28, 2005 Renton City Council Minutes Page 59 Mr. Renner also announced that Ryan Spencer was chosen as the 2004 Employee of the Year, and the Facilities Technical Team was chosen as the 2004 Team of the Year. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Vacation: Bremerton Ave NE, accordance with local and State laws, Mayor Keolker-Wheeler opened the Liberty Ridge, VAC-04-007 public hearing to consider the petition to vacate three portions of Bremerton Ave. NE, located south of NE 4th St. and north of SE 2nd PI. (Liberty Ridge LLC; VAC-04-007). Karen McFarland, Engineering Specialist, explained that the petitioner plans to use the subject vacation area in the proposed Elmhurst Plat to create a uniform half -street right-of-way width along the western half of Bremerton Ave. NE. She noted that the vacation area does not contain any City facilities. Ms. McFarland reported that the vacation request was circulated to various City departments and outside agencies for review and no objections were raised. Continuing, Ms. McFarland pointed out that both the Transportation Systems Division and the Development Services Division recommended that a 25-foot right-of-way width from the road centerline be maintained. She stated that staff recommends approval of the vacation subject to the two northerly portions being set to a maximum vacation width of 12.5 feet to allow for the 25-foot right-of-way width, and subject to the petitioner providing satisfactory proof that outside utilities are satisfied with any easements necessary to protect their facilities. Public comment was invited. David Halinen, 10500 NE 8th St., Suite 1900, Bellevue, 98004, representing the petitioner Liberty Ridge LLC, expressed agreement with the conditions as recommended by staff and urged Council to approve the vacation proposal. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL APPROVE THE REQUEST TO VACATE THREE PORTIONS OF RIGHT-OF-WAY ALONG BREMERTON AVE. NE SUBJECT TO THE FOLLOWING CONDITIONS: THE TWO NORTHERLY PORTIONS OF THE ORIGINAL REQUEST BE SET TO A MAXIMUM VACATION WIDTH OF 12.5 FEET, AND THE PETITIONER PROVIDE SATISFACTORY PROOF THAT OUTSIDE UTILITIES HAVE RECEIVED AND ARE SATISFIED WITH ANY EASEMENTS NECESSARY TO PROTECT THEIR FACILITIES IN THE VACATION AREA. CARRIED. Planning: Development This being the date set and proper notices having been posted and published in Regulations (Title IV) 2004 accordance with local and State laws, Mayor Keolker-Wheeler opened the Docket & Amendments public hearing to consider the 2004 City Code Title IN (Development Regulations) Docket and related amendments. Alex Pietsch, Economic Development Administrator, explained that the purpose of the Title IV Docket is to consider annual zoning code text amendments proposed by both applicants and the City of Renton. The City reviews the text amendments as a group once a year, although some items may February 28, 2005 Renton City Council Minutes Page 60 be the subject of separate work programs. He introduced Lisa Grueter, consultant with the land use consulting firm Jones & Stokes Associates, who reviewed the ten amendment requests. Lisa Grueter stated that the proposed changes to Title IV, Chapter 1, include: cleaning up long-standing inconsistency, interpretation, and organization issues; addressing school impact fees by consolidating subsections and removing provisions that are more suitable for the interlocal agreement or appear unnecessary; and instituting the current City practice in cases where the City requires securities or bonds. In Chapters 2 and 7, Ms. Grueter noted that amendments are recommended to address an inconsistency between the minimum lot size and the maximum density in single-family zones. Ms. Grueter reported an amendment to the R-10 zone (Chapter 2) proposed by Nora Schultz, who owns a property on Wells Ave. N. Ms. Schultz desires to build a duplex that meets the minimum lot size; however, the density is greater that ten units per acre. City Code does not allow attached units on pre-existing smaller lots if the maximum density is exceeded. Ms. Grueter reviewed four options that address this matter as follows: 1) No action; 2) Allow multiplexes on individual pre-existing lots that meet the minimum lot size but not the maximum density in the North Renton area only; 3) Allow multiplexes on individual pre-existing lots that meet the minimum lot size but not the maximum density by requiring a conditional use permit; and 4) Amend the Comprehensive Plan land use map and rezones to higher densities in selected areas such as North Renton. Ms. Grueter stated that the Planning Commission and staff recommends taking no action on this request, and addressing the matter through the Cedar River Master Plan for 2005/2006 for the North Renton area. Moving on to the amendment concerning habitat set -aside in the Green River Valley (Chapters 2 and 4), Ms. Grueter noted that the City's land acquisitions have exceeded the original multijurisdictional target, and staff recommends determining and documenting that the two percent habitat set -aside provisions have been fulfilled and can be deleted from City Code. She reported another amendment, proposed by Courtney Flora, regarding binding site plan (BSP) provisions (Chapter 7) that are applicable to commercial, mixed use, and industrial zones. Ms. Flora requests allowing subdivision of the Washington Technical Center and similarly situated properties by treating the site as a whole when considering compliance with zoning and development standards. Ms. Grueter noted concerns with this proposal, including future property owner disputes, creation of nonconformities, smaller lots and fragmentation, and economic shifts. She reviewed the BSP options as follows: 1) No action; 2) Revise BSP provisions so that, when reviewed as a whole, the site meets all of the zoning and subdivision requirements; 3) Revise BSP provisions to include allowances for condominiums as an option when the minimum lot size requirements cannot be met through the BSP process; and 4) Revise the planned unit development (PUD) regulations to allow for commercial/industrial PUDs. Continuing, Ms. Grueter reported that the next amendment concerns Growth Management Hearings Board appeals (Chapter 8). Staff recommends correctly identifying the appeals process for City Council actions on Comprehensive Plan and Development Regulation amendments. Another amendment concerns the February 28, 2005 Renton City Council Minutes Page 61 permit and SEPA (State Environmental Policy Act) process for nonproject actions (Chapters 8 and 9). Ms. Grueter said this proposal addresses the timing of the environmental review and the separation of the SEPA appeal and the legislative hearing. Ms. Grueter stated that the final amendment concerns PUD regulations (Chapter 9). She explained that PUD regulations allow modification of standard development regulations in exchange for open space or innovative designs not otherwise allowed by the basic regulations applicable to a site. The proposal modernizes the regulations, and provides a process to request modifications to development standards in exchange for public benefits. The amendments address applicable zones, the types of regulations that may be varied with the PUD regulations, and other procedural items. In conclusion, Ms. Grueter indicated that all docket items will remain in the Planning and Development Committee for study. In regards to the PUD regulations, Councilman Corman inquired if the possibility of allowing apartment houses, via clustering, in the R-1 zone has been eliminated. Ms. Grueter confirmed that variations are not allowed to the permitted uses or the densities. Public comment was invited. Nora Schultz, 540 Williams Ave. N., #12, Renton, 98055, spoke on the subject of her docket item concerning the R-10 zone amendment. She pointed out that the nature of the North Renton area is changing, the R-10 zone only applies to a portion of the North Renton area, and the area is already highly dense, due in part to a number of existing non -conforming use structures. Ms. Schultz indicated that a duplex will not adversely affect the area, and expressed her support for the second or third option presented by City staff that allow multiplexes in only North Renton or by conditional use permit. Courtney Flora, 2025 1st Ave., #1130, Seattle, 98121, spoke on behalf of Transpacific Investments, the proponent of the BSP amendment that applies zoning and development standards to the entire BSP site rather than each individual lot. Noting that the amendment has been adopted by other jurisdictions, she explained that the proposal allows sites to be broken up and marketed to individual users. She pointed out that this will help Renton, as the City is experiencing a high vacancy rate, and will level the playing field with other jurisdictions. Ms. Flora noted the importance of attracting businesses that can actually use what is available. In regard to the PUD amendments, she stated that it is unclear whether an existing office park will be able to comply with those regulations. Stan Kleweno, 101 SW Main St., #350, Portland, OR, 97204, stated that Transpacific Investments is pursuing the BSP process amendment as a way to compete in a challenging market. He indicated that it is difficult for individual tenants and businesses to build and develop a property on their own, and this would be an opportunity to attract tenants, owners, and users to the area. Mr. Kleweno acknowledged that the leasing market can change; however, the ability of a business proprietor to own property is invaluable in the current market condition or any other. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. February 28, 2005 Renton City Council Minutes Page 62 ADMINISTRATIVE Derek Todd, Assistant to the CAO, reviewed a written administrative report REPORT summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: Carco Theatre will receive a $5,000 grant from 4Culture (formerly King County Arts Commission), which will be allocated toward this year's Summer Teen Musical Grease. As part of Boeing's Move to the Lake effort, the sky bridge across Park Ave. N. was demolished on February 26th. Finance: Interim Administrator Mayor Keolker-Wheeler introduced Mike Wilson, the interim Finance and Introduction (Mike Wilson) Information Services Administrator, who indicated that during his 26-year tenure in city management, he has worked for a number of cities and counties including the cities of Bremerton, Sumner, and Gig Harbor. Mr. Wilson stated that he is looking forward to working at the City of Renton over the next several months. AUDIENCE COMMENT Andrew Duffus, 9605 143rd Ave. SE, Renton, 98059, stated that Urban Citizen Comment: Duffus - Separator regulations have been the subject of an extensive public process. The R-1 Community Separators Planning Commission, City staff, and the Planning and Development Committee received public input on various aspects of the matter, and a solution has now been found. He indicated that support for the Urban Separator regulations is widespread, including those who want to develop their property and those who want to maintain the Urban Separator greenbelt. Mr. Duffus urged Council to approve the proposed regulations. Citizen Comment: Rollins - Jean Rollins, 9605 143rd Ave. SE, Renton, 98059, explained that the need for R-1 Community Separators the City Code amendment for Urban Separators arose because of the proposed Merritt H Annexation in May Valley. The King County Executive requested the Boundary Review Board invoke its jurisdiction on the annexation proposal due to a number of issues, including protection of the designated May Valley Urban Separator. Commending City staff and the Planning Commission for their hard work on the amendment, Ms. Rollins emphasized that the proposed regulations respect the development rights of property owners as well as the intent and environment of Urban Separators. She concluded by asking that the dilution of development incentives for the enhancement of the greenbelt to earn more lots be prohibited, and that the proposed regulations be approved. Citizen Comment: Rogers - Debra Rogers, 5326 NE 22nd Ct., Renton, 98058, expressed her support for the R-1 Community Separators previous speakers' comments and her appreciation for the City's effort on the matter of the Urban Separators. She urged Council to approve the regulations. Citizen Comment: Noland - Dennis Noland, 14326 SE 100th Pl., Renton, 98059, reported that he lives R-1 Community Separators adjacent to the May Valley Urban Separator, and commended the Planning Commission for developing guidelines for the Urban Separators. He said the guidelines are respectful of the development rights of the property owners, are respectful of the intent of the Urban Separators, and address environmental concerns. Mr. Noland concluded by voicing his support for the proposed regulations. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE PLANNING & DEVELOPMENT COMMITTEE REPORT ON THE R-1 ZONE COMMUNITY SEPARATORS. CARRIED. February 28, 2005 Renton City Council Minutes Page 63 Planning & Development Planning and Development Committee Chair Clawson presented a report Committee regarding the R-1 zone community separators. The Committee recommended Planning: R-1 Zone concurrence in the staff recommendation to approve the City Code Title IV Community Separators (Development Regulations) amendment creating Urban Separator Overlay Regulations and amending the R-1 zone to require mandatory clustering of development outside of the contiguous open space mapped within the Urban Separator. The Committee also recommended that the minimum lot size for clustered development in the R-1 zone be changed to 10,000 square feet. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 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 February 14, 2005. Council concur. February 14, 2005 Vacation: 140th Ave SE, City Clerk reported receipt of $16,500 compensation paid by petitioner, as set Conner Homes, VAC-04-001 by Council on 10/25/2004, and recommended adoption of an ordinance to finalize the Conner Homes vacation of a portion of 140th Ave. SE, located between SE 132nd St. and SE 136th St.; VAC-04-001. Council concur. (See page 65 for ordinance.) CAG: 05-008, Lake City Clerk reported bid opening on 2/22/2005 for CAG-05-008, Lake Washington Blvd Slip Plane, Washington Blvd. Slip Plane; seven bids; engineer's estimate $436,860; and Northwest Cascade submitted staff recommendation to award the contract to the low bidder, Northwest Cascade, Inc., in the amount of $440,000. Council concur. Court Case: Boeing Court Case filed on behalf of Boeing Employees Flying Association, Inc., by Employees Flying Association, Philip T. Mattern, Demco Law Firm, P.S., 5224 Wilson Ave. S., Suite 200, CRT-05-001 Seattle, 98118, regarding the removal of underground fuel tanks from leased property at the Renton Airport. Refer to City Attorney and Insurance Services. Community Services: 200 Mill Community Services Department recommended approval of the emergency Bldg, Emergency Repair of repair of two elevators located at the 200 Mill Building in the amount of Elevators $38,156.16. Council concur. Annexation: Wedgewood Economic Development, Neighborhoods and Strategic Planning Department Lane, 144th Ave SE & 148th submitted 60% notice of intent to annex petition for the proposed Wedgewood Ave SE Lane Annexation, and recommended a public hearing be set on 3/14/2005 to consider the petition and future zoning; 35.68 acres located between 144th Ave. SE and 148th Ave. SE. Council concur. EDNSP: Renton Lodging Tax Economic Development, Neighborhoods and Strategic Planning Department Advisory Committee recommended the appointment of Kim Hart, general manager of the Appointment TownePlaceSuites and SpringHill Suites by Marriott, to the Renton Lodging Tax Advisory Committee to fill the vacancy left by Terry Godat. Council concur. Development Services: Legal Division recommended adoption of an ordinance that amends City Code Abandoned & Junk Vehicles, Chapter 6-1, Abandoned Vehicles, by adding definitions, expanding the scope City Code Amend of junk vehicles to include parts thereof, adding explanatory language, and criminalizing violations. Refer to Public Safety Committee. Municipal Court: Probation Municipal Court requested authorization to hire a Probation Officer at Step D Officer Hire at Step D of the salary range. Refer to Finance Committee. February 28, 2005 Renton City Council Minutes Page 64 Public Works: Cedar River Utility Systems Division requested approval of a consultant agreement with Section 205 Flood Damage Golder Associates, Inc. in the amount of $99,396.12 to implement the 2005 Reduction 2005 Monitoring Monitoring Plan for the Cedar River Section 205 Flood Damage Control Plan, Golder Associates Project. Council concur. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Utilities Committee Chair Corman presented a report recommending Utilities Committee concurrence in the staff recommendation to collaborate with the Washington Utility: Springbrook Creek State Department of Transportation (WSDOT) to create the Springbrook Creek Wetland & Habitat Mitigation Wetland and Habitat Mitigation Bank on approximately 130 acres of City - Bank Concurrence, WSDOT owned property located west of SR-167 and south of I-405. The Committee further recommended the Mauer sign the letter of concurrence with WSDOT. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending Human Resources: 2005/2006 concurrence in the staff recommendation to approve the fee schedule agreement Claims Processing Fee with Healthcare Management Administrators for the 2005 and 2006 employee Schedule, Healthcare medical plan administration. The Committee further recommended that the Management Administrators Mayor and Cites be authorized to execute the fee schedule agreement. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Information Finance Committee Chair Persson presented a report recommending Management Services, GM2 concurrence in the staff recommendation to approve the annual consultant Systems agreement for information management services with GM2 Systems, George McBride, President. The Committee further recommended that the Mayor and City Clerk be authorized to execute the agreement. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 234898 - 235346 and two wire transfers totaling $1,132,929.17; and approval of Payroll Vouchers 55893 - 56118, one wire transfer, and 570 direct deposits totaling $1,850,535. MOVED BY PERSSON, SECONDED BY NELSON, 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 Addendum Lease: Kaynan Addendum #10 to the Airport lease with Kaynan, Inc. (LAG-84-003) for an increase of #10, Airport, LAG-84-003 6,260 square feet in the leased area to include pavement adjacent to the taxilane at the Airport resulting in added revenue of $2,050 per year. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease addendum. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Lease: Bosair Addendum #3, Transportation (Aviation) Committee Chair Palmer presented a report Airport, LAG-86-003 recommending concurrence in the staff recommendation to approve Addendum #3 to the Airport lease with Bosair, LLC (LAG-86-003) to increase the leased area by 21,510 square feet to allow aircraft access to Bosair's hangar, and provide for an increase in the ground rental rate from $.27 to $.31 per square foot using the Consumer Price Index for Urban Seattle, resulting in a total annual rent increase of $4,724. The Committee further recommended that the February 28, 2005 Renton City Council Minutes Page 65 Mayor and City Clerk be authorized to sign the lease addendum. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Lease: Bruce J Leven Transportation (Aviation) Committee Chair Palmer presented a report Addendum #7, Airport, LAG- recommending concurrence in the staff recommendation to approve Addendum 88-001 #7 to the Airport lease with Bruce J. Leven (LAG-88-001), which decreases the leased area to eliminate 2,578 square feet because of the 1999 Cedar River Floodwall and Levy Project, and 934 square feet because of the 2002 Airport Airside/Landside Separation Improvement Project. This results in an annual reduction in revenue of $715.81 and a one-time credit of $2,173.17. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease agreement. MOVED BY PALMER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: 1-405 Mainline Transportation (Aviation) Committee Chair Palmer presented a report Alignment Concurrence, recommending concurrence in the staff recommendation to authorize the Mayor WSDOT to provide a concurrence signature to the Washington State Department of Transportation regarding the I405 mainline alignment from the western City limit to SR-169. The concurrence concept for the I-405 project was established in the I-405 Corridor Program Final EIS (Environmental Impact Statement) as a method of formal written determination on key issues by agencies so the I-405 program may proceed to the next phase. The Council, on several 1405 key issues, has provided concurrence since 1999. Concurrence regarding the I-405 mainline alignment allows the Renton Nickel Project to progress without unintentionally constraining future I-405 projects. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: I-405/SR-167 Transportation (Aviation) Committee Chair Palmer presented a report Interchange 5% Design recommending concurrence in the staff recommendation to authorize the Mayor Concurrence, WSDOT to provide a concurrence signature to the Washington State Department of Transportation regarding the I-405/SR-167 interchange 5% design. The concurrence concept for the I-405 project was established in the I-405 Corridor Program Final EIS (Environmental Impact Statement) as a method of formal written determination on key issues by agencies so the 1405 program may proceed to the next phase. The Council, on several I-405 key issues, has provided concurrence since 1999. Concurrence regarding the I405/SR-167 interchange 5% design allows the Renton Nickel Project to progress without unintentionally constraining future I- 405 projects. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following ordinance was presented for first reading and referred to the ORDINANCES Council meeting of 3/7/2005 for second and final reading: Vacation: 140th Ave SE, An ordinance was read vacating a portion of unimproved road located on 140th Conner Homes, VAC-04-001 Ave. SE between SE 132nd St. and SE 136th St. (Conner Homes; VAC-04- 001). MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/7/2005. CARRIED. February 28, 2005 Renton City Council Minutes Page 66 The following ordinance was presented for first reading and advanced for second and final reading: Planning: Medical Institution An ordinance was read amending Chapter 11, Definitions, of Title IV Definition, City Code Amend (Development Regulations) of City Code by revising the definitions of "Medical Institutions" and "Convalescent Centers," and adding a definition for "Holistic Health Centers." MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance #5125 Following second and final reading of the above ordinance, it was MOVED BY Planning: Medical Institution CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE Definition, City Code Amend AS READ. ROLL CALL: ALL AYES. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance #5126 An ordinance was read adding Section 5-1-2.K to Chapter 1, Fee Schedule, of Finance: Special Water Meter Title V (Finance and Business Regulations) of City Code to adopt service fees Read Service Fees for special meter readings, new utility account set up, and utility account transfers. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5127 An ordinance was read amending Section 5-1-2.K to Chapter 1, Fee Schedule, Finance: Utility Outstanding of Title V (Finance and Business Regulations) of City Code to adopt service Balance Search Fees fees for utility outstanding balance searches. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilwoman Nelson reviewed Renton School District happenings, which School District: Activities included: the naming of Nicole Parris, Lindbergh High School senior, as a finalist in the National Achievement Scholarship Program; the selection of Lori Dunn, Hazen High School physical education and health teacher, as the Northwest District High School Teacher of the Year by the Association of the American Alliance of Health, Physical Education, Recreation and Dance; and the celebration of Black History Month at Hazen High School. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 9:07 p.m. ,Box,,u c.' , / Wat4y-' Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann February 28, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING February 28, 2005 COMMITTEEXHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 3/07 Emerging Issues; (Briere) 6:00 p.m. Filling Council Vacancies Policy #800-10; Southport Development Concerns *Council Conference Room* COMMUNITY SERVICES (Nelson) FINANCE MON., 3/07 Probation Officer Hire at Step D (Persson) 5:00 p.m. PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY MON., 3/07 Amendment to City Code regarding (Law) 5:30 p.m. Abandoned & Junk Vehicles TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON Mayor Kathy Keolker-Wheeler W he.Yea4,, the American Red Cross has been serving the people of Washington State for more than 100 years; and Wherea4; the American Red Cross is a national non-profit leader in the delivery of disaster relief, both domestically and internationally; and W herea4, the American Red Cross serving King and Kitsap Counties reaches out to those whose lives have been touched by adversity and helps thousands of others prevent and prepare for crises yet to come; and Wherea�, the American Red Cross serving King and Kitsap Counties provided disaster relief to more than 1,000 Washingtonian families last year; and W heYeaw; the American Red Cross serving King and Kitsap Counties trained over 66,000 Washingtonians in health and safety courses and more than 3,000 in disaster preparedness; and Whev'eCW, the American Red Cross serving King and Kitsap Counties provided emergency communication for over 1,100 members of the U.S. Armed Forces and their families; and W herea%, the American Red Cross serving King and Kitsap Counties provides nearly all its services in Washington State through the contributions of more than 3,000 volunteers; NOW, The4,ec re, I, Kathy Keolker-Wheeler, Mayor of the City of Renton, do hereby proclaim March 2005, to be 2e& Cro�-k M oiqth/ in the City of Renton, and I urge all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 28`h day of February, 2005. -K4-t&' 0"'_ Kathy Keolker-Wheeler Mayor of the City of Renton, Washington RENTON AHEAD OF THE CURVE 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) 430-6523 ® This papercontains 50 % recycled material, 30 % post consumer City of Renton PUBLIC INFORMATION HANDOUT February 28, 2005 STREET VACATION PETITION VAC-04-007 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425.430.7209 DESCRIPTION: The City Council will hear a proposal requesting the vacation of three portions of Bremerton Ave NE south of NE 4th Street and north of SE 2nd Place. The requested vacation area is shown on the accompanying map exhibit. RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council conditionally approve the request to vacate portions of the right-of-way. SUMMARY: A vacation petition was received from David Halinen, Attorney, representing Donald J. Merlino on behalf of Liberty Ridge, LLC. City Code requires that more than two-thirds (2/3) of the owners whose property abuts the street to be vacated must sign the petition. One -hundred percent (100%) of the abutting property owners have signed this petition. There are no public facilities within the requested area. None of the City Departments surveyed have objections to the vacation. However, the Transportation Systems Division and Development Services Division have no objection as long as certain conditions are met. The requested vacation area will be used in the proposed Elmhurst Plat which is currently in preliminary development. The petitioner states that public benefit provided by the proposed vacation would be to create a uniform half -street right-of-way width along the west half of Bremerton Ave NE. As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated alley. The ordinance shall be recorded with King County once it is in effect. P �aa�i <� `` -,,x I � I O f5: • • Bremerton Avenue NE STREET STREET E LN NW 4 TREET VACATION VACATION SEC 15 VACATION Public Hearing on STREET VACATION PETITION VAC,-,04,-,007 February 28, 2005 RENTON LOCATION LOCATION NE41th Street Cn Bre"merton Ave NE Street., Vacations LOCATION LOCATION LOCATION LOCATION BACKGROUND • Petition received December 2004 • Pursuant to State and City Code, more than 2/3 of the abutting owners must sign the petition • 100% of abutting owners have signed BACKGROUND • Right-of-way obtained Through various instruments. • Currently: There are NO City facilities in the right -of --way PUBLIC BENEFIT • Request associated with the proposed Elmhurst Plat currently in preliminary development. According to the petitioner, the public benefit would be to provide a uniform half -street right-of-way . NOTIFICATION • Notice was given to property owners within the immediate vicinity of the proposed street vacation. • To date, staff has received one phone call regarding this petition. RESEARCH/SURVEY • Vacation request was circulated to various City departments and outside agencies for review • No objections were raised RESEARCH/SURVEY Infernal Review Comments • Transportation Systems Division (PBPW): — Area of vacation be amended so that the two northerly portions allow a 25- foot right-of-way width be maintained from the road centerline RESEARCH/SURVEY Internal Review Comments • Development Services Division (PBPW): — Area of vacation be amended so that the two northerly portions allow a 25-foot right-of-way width be maintained from the road centerline RESEARCH/SURVEY Outside Agency Review Comments QWEST has no facilities in the requested vacation area and has indicated that no easement is needed • To date, PSE, Comcast and Electric Lightwave have not responded to the City7s request for comments The Planning/Building/Public Works Department recommends that Council approve the request to vacate three portions of right-of- way along Bremerton Ave NE subject to the following conditions: ✓Area of vacation for the two northerly portions of the original request be set to a maximum vacation width of 12.5 feet; ✓The petitioner shall provide satisfactory proof that outside utilities have received and are satisfied with any easements, which are necessary to protect their facilities in the requested vacation area. NEXT STEPS If Council approves this vacation petition: • petitioner orders and submits an appraisal • staff reviews the appraisal and returns to Council so that compensation can be set v ,y CITY COUNCIL PUBLIC HEARING City of Renton Municipal Code, Title IV Procedural and Development Regulation Revisions 2004 February 28, 2005 The City reviews Municipal Code Title IV text amendments as a group once per year, although some items may be the subject of separate work programs. The purpose of the Title IV Docket is to consider annual zoning code text amendments proposed by both applicants and the City of Renton. Table 1 provides a summary of the proposed code amendments considered as part of the Docket or as individual related work programs. A summary of the requests, options reviewed, and staff and Planning Commission recommendations is available. Contact Strategic Planning at 425-430-6575 for a copy. Table 1. Title IV Amendment Requests Title 4, Chapter 1, Housekeeping Amendments: 04-1 Docket Item: Yes Proponent: City of Renton Summary: Amend to be more concise, better organized, and internally consistent. Title 4, Chapter 1: School Impact Fees: 04-2 Docket Item: Yes Proponent: City of Renton Summary: Amend to be more concise, and remove provisions that are more suitable for the Interlocal Agreement or appear unnecessary. Title 4, Chapter 1: 4-1-230 Sureties and Bonds Docket Item: No Proponent: City of Renton Summary: Amend RMC 4-1 Administration and Enforcement to codify common City of Renton conditions and practice in cases where the City requires securities or bond. Title 4, Chapters 2 and 7: Minimum Lot Size and Maximum Density: 04-5 Docket Item: Yes Proponent: City of Renton Summary: Consider possible amendments to Title 4 in order to address an inconsistency between minimum lot size and maximum density in single-family zones. Title 4, Chapter 2: R-10 Zone, Attached Townhouses or Flats on Pre -Existing Lots: 04-13 Docket Item: Yes Proponent: Nora Schultz Table 1. Title IV Amendment Requests Summary: The proponent owns a property on Wells Avenue North currently zoned R-10. The proponent's desire is to build a duplex on the property that meets the minimum lot size, which would result in a density greater than 10 units per acre. Section 4-2-1 1OF specifies that the density requirements take precedence over the minimum lot size standards. The code does not allow infill of multifamily structures on existing lots that meet the minimum lot size but do not comply with density limits. Options reviewed address possible policy and code amendments that allow multiplexes (2, 3, or 4 units) on lots that meet the minimum lot size but not the zone density. Some options would apply design standards. Some options would limit the effect of the regulations to North Renton, or limit the multiplexes by requiring a conditional use permit. Another option conceptually reviews the potential for Comprehensive Plan land use map and rezones; however this would require review in 2005 as part of the annual Comprehensive Plan amendment process. Title 4, Chapters 2 and 4: Green River Valley Landscaping: 04-6 Docket Item: Yes Proponent: City of Renton Summary: Determine/document if 2% habitat set -aside provisions have been fulfilled and can be deleted from the code. Title 4, Chapter 7: Subdivisions Regulations: Binding Site Plan: 04-8 Docket Item: Yes Proponent: Courtney Flora Summary: The proponent has opted to seek a text amendment to RMC 4-7-230, the City's binding site plan regulations, to allow further subdivision of the Washington Technical Center and similarly situated properties by treating the site as a whole when considering compliance with zoning and development standards. The binding site plan process is applicable to commercial, mixed use, and industrial zones. Other code amendment options address provisions to combine condominium ownership with binding site plans, as well as amending the current PUD regulations (see below). Title 4 Chapter 8: Appeal Process — Growth Management Hearings Board: 04-11 Docket Item: Yes Proponent: City of Renton Summary: Correct the appeals process for Growth Management Act actions. Title 4, Chapters 8 and 9: Permit and SEPA Process For Nonproject Actions Docket Item: No Proponent: City of Renton Summary: Identify and address options for the timing of environmental review for nonproject actions and consider amendments for consistency with SEPA rules regarding the separation of hearings for nonproject actions. Title 4, Chapter 9: Planned Unit Development (PUD) Regulation Update Docket Item: No Proponent: City of Renton Summary: The proposal would modernize the City's current PUD regulations and provide a process to request modifications to development standards in exchange for public benefits. The amendments address applicable zones, the types of regulations that may be varied with the PUD regulations, and other procedural items. i City Council Hearing February 28, 2005 Purpose ■ Adopt a series of regulation amendments to Title IV as part of the annual docket process (RMC 4- 9-025) w Most procedural or housekeeping m Substantive issues related to R-10 zone, binding site plan provisions, and PUD regulations Proposed Amendments A. 4-1: Housekeeping Changes B. 4-I: School Impact Fees C. 4-1: Sureties And Bonds D. 4. 2 and 4-7: Minimum Lot Size and Maximum Density E. 4- 2: R-10 Zone, Multiplexes on Pre -Existing Lots F. 4- 2 and 4-0: Green River Valley Landscaping G. 4-7: Subdivisions Regulations: Binding Site Plan H. 4-8: Appeal Process — Growth Management Hearings Board I. 4- 8 and 4-9: Permit and SEPA Process For Nonproject Actions J. 4- 9: Planned Unit Development (PUD) Regulation Update (related to BSP). RMC 4-1 Housekeeping Changes a Amendments to clean up long-standing inconsistency, interpretation, and organization issues identified by various staff PBPW. List of Comp. Plan Elements matches GMA Duties of interpretation (e.g. Zoning Administrator) Definitions of violation and statement of remedies/penalties Reorganization of PW fees (no change to fees themselves) Clarify that fee waiver for Co, RM-U and RM-T replenished from tax revenues (not just mitigation fees replenished). School Impact Fees a Purpose: Reduce and streamline Title 4 & set up a framework within which future amendments could be made to convert SEPA mitigation fees to impact fees if City pursues this approach. Consolidate 14 subsections into five subsections and Remove provisions that are more suitable for the Interlocal Agreement or appear unnecessary. a Review of ISD Capital Plan and any fee adjustments -- separate process. Sureties = Overview: What are sureties? Devices that set aside funds as a guarantee to ensure that Infrastructure, landscaping, and environments! mitigation are Installed and maintained to City satisfaction, or for temporary uses to ensure they are removed when the time limit is reached. a Features - Proposal would institute current City practice: Type of security devices: cash, letter of credit, set aside letter, savings account, and performance or maintenance bond. Requirements (City Is payee, binding heirs, etc.) City approval tied to term of security device - If the device is not renewed and the Improvements or conditions are not fulfilled, the City's approval would lapse. Ability to transfer obligation of the security device. Provisions addressing default, failure to complete work. Release of securities for private/onsite knprovements and for public Improvements. 2 Min. Lot Size and Max. Density w Amend the RMC 4-7 (Subdivision Regs) to require: Further subdivision of lot(s) must be consistent with the applicable maximum density requirement as measured within the plat as a whole. ■ Amend the RMC 4-2 single family zones with a note: Covenants shall be filed as part of any Flnol plat that establishes that future division of land within the plat must be consistent with the maximum density requirements as measured within the plat as a whole. ■ Does not affect R-10 and R-14 because those zones explicitly state that density controls over lot size and covenants are required to establish the density and unit mix for those zones. R-10 Zone Amendment m A Renton property owner, Nora Schultz, owns a property on Wells Ave N zoned R-10. ■ Desire is to build a duplex on the property. ■ R-10 zone allows multiplexes (up to 4 attached) on smaller lots in new subdivisions if overall plat density is met. to Zone does not permit attached units on preexisting smaller lots if max. density would be exceeded. ■ Question — should the R-10 zone be amended to allow multiplexes on preexisting lots that meet the min. lot size but exceed the max. density? zNOMA: . Q Q -10 in N. Renton 0 J 5.000 - 7.499 Sq. Ft. �a31® 7,500-10,000 Sq. Ft ®�® � - 10.000 Sq. Ft. 3 R-10 Options 1. No Action -- Density Controls over Lot Size. A "Cedar River Master Plan" to be developed in 2005/2006. Could look at zoning options In the North Renton area. 2. Allow multiplexes on indiv. pre-existing lots that meet the min. lot size but not the max. density — but only in N. Renton Policy LU-165 would need to be amended. Could require some standard design features. The mix of SF and MF could change to become more uniformly multiplex In N. Renton on lots smaller than 8,700 s.f. 3. Allow multiplexes on indiv. pre-existing lots that meet the min. lot size but not the max. density — but by ADCUP. Same issues as #2, more oversight. R-10 Options (cont.) 4. Amend Land Use Plan/Rezone to higher densities if City vision has changed in selected areas such as North Renton arterial frontage lots. e.g. RM-T zone: "The RIM-T Zone occurs in areas where compact, traditional residential neighborhood development already exists, or ... where traditional residential neighborhoods are planned in the future. Density ranges from fourteen (14) to thirty five (35) du/acre." Policy decision requiring Comp. Plan amendment R-10 Recommendation ■ Recommendation: Option 1 No Action — Do not amend the R-10 zone. Address the Issue of appropriate zoning and unit types through the "Cedar River Master Plan' work program for 2005I2006 addressing the North Renton area. a Allowing duplexes on existing smaller lots meeting the lot size of 5,000 s.f. Could lead to densities that are significantly higher than the R-10 zone maximum- up to 17 dulac Would not meet the current R-10 zone Intent. Allowing lot size to control may mean more multiplexes In established R-10 neigh'ds without a way to control dwelling mix as happens in newly created larger plats. 0 Green River Valley: City Ownership & Wetlands Green River Valley Green River Valley Habitat Set aside -- Recommendation ■ The City should repeal the 2% habitat set aside • regulations in RMC 4-2 and 4-4. City's land acquisitions have exceeded the original multijurisdictional target (purchased 340 ac. with approx. 208 ac. of wetlands greater than 110 acre target) The City's critical area, shoreline, and clearing regulations are essentially substitute regulations that achieve the intent for habitat protection that the 21/6 set aside was enacted to provide. Binding Site Plan - Request ■ Revise BSP provisions so that, when reviewed as a whole, the site meets all of the zoning and subdivision requirements. 5 Binding Site Plans - Key Issues w Pitfalls of treating the site as a whole: Future property owner disputes — need for complex cross easements, joint use and maintenance agreements, etc. ::. Creation of nonconformlties—that require ongoing administrative Interpretations and review. Smaller lots and fragmentation — reduces the redevelopment potentlal of the ekes — "freeze' development In place. .. Reducing the individual lot sizes below the minimum zone standards could circumvent the zones' purposes. . Industrial, Office, and Urban Center zones — larger scale, . Corridor Commercial zone intended for smaller comm.& bus. development. a Allowing parcel fragmentation could result in defacto "rezones". Binding Site Plans - Key Issues (cont.) The incremental and potentially uncertain benefit of attracting a different pod of "business buyers" as opposed to "business tenants' appears short-term in nature. Economic shifts may result in a greater demand for vacant space without the need for the code amendment. _ The City should consider Its overall long-term vision: - . The City is trying to reinvent itself and shouldn't limit long term economic development goals; . The City is an Urban Center which will have spin-off and supporting economic development; a Having zones with larger properties are important for the City's vision/strategies, Sample Bindirlg.she Plan Lot Configurallon Gel Binding Site Plans - Options n. No Action- Keep the current requirements that the development standards for the underlying lot apply to each individual lot created. (Staff recommendation) Revise BSP provisions so that, when reviewed as a whole, the site meets all of the zoning and subdivision requirements. Revise BSP provisions to include allowances for condominiums as an option when the minimum lot size requirements cannot be met through the binding site plan process. u Revise the PUD Regulations (RMC 4-9-150) to allow for commercial/industrial PUD's. GMHB Appeals a Purpose: Correctly identify the appeals process for City Council actions on Comprehensive Plan Amendments and Development Regulation Amendments. I Tables in RMC 48 show that appeals of City GMA related decisions would go to Superior Court, when they would need to be be filed with the Growth Management Hearings Board (GMHB). The GMHB decisions then may be appealed to Superior Court - fill Ordinance specifies: Who may file an appeal Matters which may be appealed Who has standing Time for an appeal Contents of Petition Changes to Permit Process — Nonproject a Public Process — No Code Changes The Notice of Application process should be retained. Public hearing notices would continue. Consider other public participation techniques when preparing the public participation plan for the annual CPAs or Title IV docket amendments. GMA requires plan; City practice more formalized. Administrative Appeal - Keep current process that allows. a Environmental Review — Code Amendments. For nonproject actions, start env. review before hearing on proposal, but Issue SEPA determination (e.g. OS, DNS, MONS) after hearing on proposal - lets SEPA be conducted on more firmly described proposal. Housekeeping: Related to hearings on nonproject actions - SEPA appeal and legislative hearing do not need to be combined. 7 PUD Amendments - Overview ■ Outgrowth of BSP docket options, but long outdated. ■ PUD regulations allow modification of standard development regulations in exchange for open space or innovative designs not otherwise allowed by the basic regulations applicable to a site. ■ E.g. cluster developments, low impact developments, zero lot line developments, or other approaches may be allowed with the process. PUD Amendments - Issues and Approach ■ Which zones are eligible? Currently the City's PUD regulations only apply to residential zones. Recommended code allows Planned Unit Development regulations to be applied in residential zones and commercial, mixed use and industrial zones. . Options include allowing PUDs with any City zone, or any City zone except R-1 and R4 zones, which have their own cluster regulations, or the COR zone since it is like a "master plan" zone now with few numeric standards. PUD Amendments - Issues and Approach (Cont.) is What regulations should be allowed to be varied? _- Allow variations to: a Zoning, subdivision, and parking standards (continue) a Property Development Standards in RMC 4-4 a Street standards in RMC 4-6. Streets could be public or private. a Allow modification of other standards with City Council approval O/sa//ow variations to: a Allowed land uses or maximum densities . Utility standards in RMC 4-6 (e.g. water, wastewater, storm water), . Building/fire codes in RMC 4-5 a Procedures a CAR, S&P, Tree Cutting/Land Clearing, and Grading . Can combine modifications/variances to these with PUD (keep same review criteria). M. PUD Amendments - Issues and Approach (cont.) ■ Open Space: Currently, 35% of the site inc. critical areas. Since critical areas may vary from site to site, an alternative would be to place emphasis on common usable open space. Residential: Open space must be equal to or greater In size than the total square footage of the lot area reductions requested by the PUD. Mixed Use, Commercial, Industrial: Similar to Urban Center req'ts with some recent amendments by EDINISP. ■ Process: City Council review of Preliminary PUD and HEX review of Final PUD. Consider HEX review and approval for existing nonresidential developments proposing to use the binding site plan process. The decision would be appealable to the City Council. W CITY OF RENTON MEMORANDUM DATE: February 28, 2005 TO: Terri Briere, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • The City Clerk's office, in compliance with State law and with the help of the Records Coordinators in each Division, recently completed the disposal of approximately 5.6 tons of City records that had reached the end of their useful and required retention periods per the State General Records Retention Schedules. Thus, 11,190 pounds of paper will be made into new products via a recycling process. COMMUNITY SERVICES DEPARTMENT • Carco Theatre will receive a $5,000 grant from 4Culture (formerly King County Arts Commission). The grant will be allocated toward this year's Summer Teen Musical Grease. This is the 20th anniversary of the teen musical. Renton Community Center hosted its annual Safety Day on Thursday, February 240'. Over 300 parents and children attended this successful event, which is co -sponsored by Valley Medical Center, Valley Com, and the Renton Police and Fire Departments. Even though the Renton School District took a mid -winter break last week, the Highlands and North Highlands Neighborhood Centers were open, offering drop -in activities to Renton youth. Three different mini -camps were also offered - two cheerleader camps and one sports camp. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • As part of Boeing's Move to the Lake effort, the sky bridge across Park Avenue North was demolished last Saturday, February�`h. Park Ave North at the Boeing Plant was closed at 7:00 a.m. and reopened by 6:00 p.m. The sky bridge was taken down in two sections and the work completed as scheduled. -- r-os -----••--------------- ------- ----- --OS13l/2u04 MO •o) ----- ---- -O tri _t Four King County Ron Sims P. E C E I V E D King County executive AUG 3 0 20114 D13TFI T FOU51 K)WG C,UVTY COU;�CII. August 2?, 2004 Lenora Blauman, Exocutive Secretary Washngtotl State Boundary Review Board of Kin, C01.1nty YeSler Building, Room- 220 400 Yesle- ��7ay Seattle, WA, 98104 Dear Ms. 81aunlaa: 011 J111y I' , 2004 the Office of I 'lanagement and Budcet receiv; d fro-ill.your office the city of Renton's notice of intention to ann-,N prcperty located lVltlllll tliC c:ty,s East Renton Plateau potential annexation area. Based on a careful and deliberative reviaw b,, various county departments and agencies, the county believes that there are a number o:l inherent concerns and issue_ wi=_h the proposal that if left unaddressed 'would likely rest., t in an annexation which does not further the interests of King Clown% residents, floes not: 111eet tile spirit of state and County b owtn i>,anagemen.t pt)licy, and does not further the Objectives of the Boundary Review; Board. The 20.6 acre lierritt li annexation proposal is located in an area of urban uniLlcorf,or:1tc,i King County that lies between the cities of Renton and Newcastle. Thr proposed Anne:�ati.otl Daises a nunllle-c1f;i,nificant co7lcet-7s «,hic11;11clude, but care no{ limited to 1. The county's continued ability to provide effIcient local set ti'iC sin all urban uturleurporated area kalught \vith iu2•e;,zul&r rnunicip, isolated between the cities of Renton au,d INewcasel boiu-ldari4s and relatively., 2• EIlvir011Y11e11t3.1 and Surface water I?lail"ierletlt issues EiSov; i te,;j Wllh rile Valley corridor; 3. The application of appropriate zoning to protect the re&rionally designated 11Iay Valley urban separator; 4. Consistency -with adopted plans and policies including the 1 ir?g' County Comprehensive Land Use Plan, and tale King County Count wide Planning Policies; and S. Consistellcy with Boundary Rcviev,- Roarer objectives. an;! cnr-plic' wit?; :he '.![ntericanS with Disnbilirier act AD—Iu -------------------------•------------------------------ -------------------------- _ 18"30i:004 MC1.v 16:01 FAX 20629603;0 KO", D1);tI'1ct Four zol)2 Len ra Blaumall AuE .1st 27, 2004' Piles 2 For here reasons, I respectful)y request that the Boundary Relviexv Braid invoke its juri: fiction and �rol7r.ssd action. I fuI?lier request that a public hearing date LPL lr:.. rhis matter at the boar,,FS ;;,"•lrlieSt', ccmveillenca. A. vabllc hearing will me me QllntV, i?tTl'CTCG C?TlLCrI� `MC Clt�' Qn oppolnin-1ty to revie'Fi al d discuss, Within t e parz 1?ete-s of the Board's ci'.cision mn.°_kmg process. Elie proposal 1-1 grcaler detail. Ple% St drect further communications 'Z ,3.rdino this hatter to 'like Thamas. Senior Poli y Analyst, Office of?Mamgement ?lid E3l:dgot at 206-20i-0...,0. { _o "l'hanic you or you assistance in this matter. Sint ;r%c.?v, ,1 •kA/t On Sims Ill; County Extc cuiive rc: The Horiorable Larry Pn ill ps, Chair, icing. Cotulty Coun'-1 K'lii Triplett, Chief of Staff. king Col nn, Execui.ive Gfrice Steve Call, Director, Office of Manapment and Budget (Gi�1B i Mike Thomas, Se .for Policy A—ria1Z'st, O."YgB kCvIlY Wr'1ght, Sr. P1.Osecu'ri14 .",tcl;le)', Kills County Prose ..�Attot elt's :T a C CJti.:`. IC. King County ltlterd--partmeanta.i Annexation Group A:ex Pietscll, Director, Ne 2hbolhoods. Strweglc Pianllin and i:conomic Develops?lent. City of p elltoll King County Allnexatioll Tejrr: C:W COUNCIL Date '�- a F- .200S PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT February 28, 2005 R-1 Zone Community Separators Referred December 6, 2004 The Planning & Development Committee recommends concurrence in the staff recommendation to approve a Renton Municipal Code, Title IV amendment creating Urban Separator Overlay Regulations and amending the R-1 zone to require mandatory clustering of development outside of the Contiguous Open Space mapped within the Urban Separator. The Committee recommends that the minimum lot size for clustered development in the R-1 zone be changed to 10,000 square feet. The Committee further recommends that the ordinance regarding this matter be presented for first reading. Da Clawson, Chair A.,- C'J, Denis W. Law, Vice Chair Marcie Palmer, Member cc: 4af-Gev-iAg,= Alex Pietsch Rebecca Lind RIZoneCommSepVersionldod Rev 01/04 bh Submitting Data: Dept/Div/Board.. Staff Contact...... CITY OF RENTON COUNCIL AGENDA BILL AI #: r AJLS/City Clerk Bonnie Walton, x6502 Subject: Street Vacation Petition; Portions of 140th Ave. SE, between SE 132"d and 136th Streets. (Petitioner: Conner Homes; File No. VAC-04-001) Exhibits: Minutes of 6/14/2004 & 10/25/2004 Ordinance Recommended Action: Council Concur For Agenda of: 2/28/2005 Agenda Status Consent .............. Public Hearing.. Correspondence. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions..... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. /:/ X SUMMARY OF ACTION: On June 14, 2004, the City Council held a public hearing and approved the Conner Home vacation request for a portion of 140th Ave. SE, running north and south between SE 132"d St. and SE 136th St. On October 25, 2004, Council accepted the appraisal and set compensation at $16,500 for the right-of-way, 20 feet in width and approximately 308 feet in length. On January 21, 2005, the City Clerk received the compensation amount of $16,500. The Technical Services section has since confirmed that no other amounts are due, and all conditions of the vacation approval have been satisfied. Therefore, the ordinance can be adopted to finalize the vacation. Per staff request, ordinance language includes retention of a 10-foot utility easement for existing stormwater facilities STAFF RECOMMENDATION: Finalize the street vacation by adopting the ordinance cc: Karen McFarland Rentonnet/agnbill/ bh RENTON CITY COUNCIL Regular Meeting June 14, 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; MARCIE PALMER; TERRI BRIERE; COUNCILMEMBERS DENIS LAW. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL EXCUSE ABSENT COUNCILMEMBERS DAN CLAWSON, TONI NELSON AND RANDY CORMAN. CARRIED. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; DAVE CHRISTENSEN, Utility Engineering Supervisor; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planner Manager; CHIEF LEE WHEELER, DEPUTY CHIEF LARRY RUDE, and FIRE MARSHALBATTALION CHIEF STAN ENGLER, Fire Department; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. PUBLIC HEARINGS Vacation: 140th Ave SE, Conner Homes, VAC-04-001 This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the petition by Conner Homes to vacate a 20-foot by 308.85-foot unimproved portion of 140th Ave. SE running north and south between SE 132nd and SE 136th Streets (VAC-04-001). Dave Christensen, Utility Engineering Supervisor, explained that the petitioner plans to remove unusable right-of-way and provide new right-of-way as part of its proposed Laurelhurst Plat, which is currently in development. The new right-of-way will serve the proposed residential lots and provide the same functionality as the requested vacation area. Mr. Christensen stated that 100% of the abutting owners have signed the petition for vacation. The right-of-way included in this petition came into the City as part of the recent Carlo Annexation. It was obtained through a quitclaim deed to King County in 1966, and the unimproved right-of-way was never opened for public use, nor maintained by King County. He noted that the right-of-way immediately south of the petition area was vacated by King County in 1998. Continuing, Mr. Christensen reported that facilities in the right-of-way include a 36-inch storm drain that is owned by the City, and a buried water line that is owned by Water District #90. He stated that no objections were raised when the request for the proposed vacation was circulated to City departments and outside agencies. The Surface Water Utility Division requested that an easement be retained for storm facilities. In conclusion, Mr. Christensen recommended approval of the street vacation request with the stipulation that the City retain a ten -foot utility easement for the existing storm drain, which skirts and crosses the eastern boundary of the area. Additionally, he recommended that staff be directed to work with the petitioner to determine the compensation through an appraisal of the vacation area. June 14, 2004 Renton City Council Minutes 196 Public comment was invited. David JorDan, 14004 SE 135th St., Renton, 98059, raised questions regarding the easement, the abandonment of 140th Ave. SE, the proximity of the proposed houses to the new property line, the maximum height of the proposed structures, preservation of the neighborhood's character, adding the balance of the easement to the abutting properties, and the environmental impacts of the proposed development. In answer to Mr. JorDan's questions, Mr. Christensen stated that of the 50-foot right-of-way, 30 feet is adjacent to the homes east of the area and is within King County, and 20 feet is within the City limits. He pointed out that King County is responsible for determining whether the adjacent property owners can add the 30-foot (King County -owned) right-of-way to their property. Continuing, Mr. Christensen indicated that the Transportation Division determined that 140th Ave. SE is not a corridor that will be developed in the future. In regards to the proposed development, the height restriction is 35 feet and the backyard setback is 20 feet. The street vacation process is exempt from SEPA (State Environmental Policy Act); however, the proposed plat will undergo environmental review. Mr. Christensen emphasized that the applicant is only in the early stages of the development process for the proposed plat. Planner Manager Rebecca Lind added that the R-8 zone allows eight dwelling units per net acre, and she reiterated that the development is in the early stages of review and there will be further opportunities for the public to comment. Karen Cook, 14012 SE 133rd St., Renton, 98059, expressed concern regarding the R-8 zoning abutting her property's R-4 zoning, and suggested that the existing 20-foot right-of-way serve as a buffer. Indicating that the developer may tie into the storm drainage system that was installed to relieve flooding, Ms. Cook stated that the effect the increased stormwater will have on the system has not yet been addressed. She questioned how the vacated area will be used, why the vacation request was changed from 30 feet to 20 feet, and where the roadway will be constructed. Mr. Christensen clarified the applicant did request 30 feet; however, the right- of-way width is actually 20 feet with a ten -foot easement. He explained that the unusable right-of-way that cannot be developed as street section will be replaced with new right-of-way to serve both this area and the proposed plat. Mr. Christensen said the storm drainage issue will be addressed during the development process. In regards to the roadway, he stated that it will be constructed interior to the plat. PlanningBuilding/Public Works Administrator Gregg Zimmerman stated that the proposed plat is a separate process. The plat will undergo SEPA review, and property owners within 300 feet of the proposed land use action will be noticed, as well as any citizens that request to be parties of record. Jay Cook, 14012 SE 133rd St., Renton, 98059, stated that in regards to the subject property, it is unclear what King County is responsible for and what Renton is responsible for. He expressed concern about the stormwater drainage, and recommended that the vacation be denied because not enough is known about the proposed development at this time. Mr. Christensen explained that the storm line runs along the centerline of the right-of-way, which is why the ten -foot easement has been requested. The June 14, 2004 Renton City Council Minutes Page 197 easement area, along with the 30 feet of remaining right-of-way, is more than adequate for the maintenance of the storm line. He stressed that adjacent property owners need to contact King County regarding the 30-foot portion of right-of-way that is under King County's jurisdiction. Lola Archer, 14004 SE 133rd St., Renton, 98059, expressed concerns regarding the roadway, the size of the easement, the storm drain, stormwater drainage, and flooding. She indicated that because there are too many unknowns, she wants to see the development proposal before the vacation request is approved. In response to a previous speaker's (Mr. JorDan) additional inquiries regarding the submittal of vacation petitions to King County, the value of the vacation, and the location of a roadway, Mr. Christensen stated that preliminary development plans indicate that new residences' backyards, not a roadway, will abut the property line. He explained that King County abides by State law in regards to vacation requests, as Renton does, and an appraisal must be conducted on the subject property. Lily Bishai Treadwell, 14005 SE 133rd St., Renton, 98509, expressed concern about the stormwater drainage, pointing out that her property was damaged six years ago due to rising groundwater and she was forced to move out of her house for six weeks. She agreed with the idea of a buffer area between the new development and the existing residences. Ms. Bishai stressed that the vacation request should not be pursued until the drainage problem is addressed. Mayor Keolker-Wheeler explained that the developer is pursuing the vacation first, so that it can develop its plans accordingly. She indicated that the speakers' concerns regarding stormwater drainage are on record, and drainage is one of many aspects that will be reviewed when the plat is submitted. The Mayor advised that the developer must meet City standards in regards to stormwater drainage; however, the City has no control over what King County does on its property. She emphasized that citizens will have the opportunity to comment during the development process. Rene Treadwell, 14005 SE 133rd St., Renton, 98059, indicated that the King County installed storm line was only designed to serve the pond to the north, and if the developer ties into it, the line will exceed its capacity to drain. He stated that he does not want his property to flood again. There being no further public comment, it was MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Councilwoman Briere expressed her support for the recommendation to vacate the street, saying that there would be a much greater impact to the neighbors if this property became a street, rather than the new residences' backyards. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR WITH THE RECOMMENDATION TO VACATE A PORTION OF 140TH AVE. SE RUNNING NORTH AND SOUTH BETWEEN SE 132ND ST. AND SE 136TH ST. ROLL CALL: THREE AYES: PALMER, BRIERE, LAW; ONE NAY: PERSSON. MOTION CARRIED. (See page 199 for related discussion.) June 14, 2004 Renton City Council Minutes Page 199 Renton swimming beaches open on June 19th. Lifeguards will be on duty daily from noon to 8:00 p.m., through September 6th, at Gene Coulon Memorial Beach Park and Kennydale Beach Park. 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 June 7, 2004. Council concur. June 7, 2004 Appointment: Nishiwaki Sister Mayor Keolker-Wheeler appointed the following individuals to the Nishiwaki City Committee Sister City Committee: Pat Auten, 14401 SE Petrovitsky, #B-105, Renton, 98058, to fill position vacated by Sylva Coppock; Theresa Clymer, 1704 Lake Ave. S., Renton, 98055; and Nancy Osborn, 4635 Morris Ave. S., #F, Renton, 98055. Refer to Community Services Committee. Appointment: Park Board Mayor Keolker-Wheeler reappointed Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, to the Park Board for a four-year term expiring 6/01/2008. Council concur. EDNSP: Hotel/Motel Economic Development, Neighborhoods and Strategic Planning Department Allocation to Renton Visitors recommended approval of the Renton Lodging Tax Advisory Committee Connection, Renton Visitors recommendation to allocate an additional $3,500 of hotel/motel tax revenues to Guide the Renton Visitors Connection to print 10,000 additional copies of the Renton Visitors Guide. Council concur. Streets: Rename SW 41st St to Economic Development, Neighborhoods and Strategic Planning Department IKEA Way requested authorization to proceed with the proposal to rename SW 41st St., from SR-167 to Oakesdale Ave. SW, to IKEA Way. Refer to Transportation (Aviation) Committee. Legal: Curbside Mailboxes, Legal Division recommended adoption of an ordinance restricting parking next Parking Restriction to curbside mailboxes. Council concur. (See page 203 for ordinance.) Public Works: SR-169 Planning/Building/Public Works Department recommended approval of Corridor Study, Maple Valley memoranda of understanding with the cities of Maple Valley and Black & Black Diamond Memo of Diamond concerning application for Puget Sound Regional Council funds for Understanding the SR-169 (Maple Valley Hwy.) Corridor Study. On their behalf, Renton will submit the TEA-21 countywide grant application. Council concur. (Seepage 203 for resolutions.) CAG: 03-083, NE loth Utility Systems Division submitted CAG-03-083, NE loth St. and Anacortes St/Anacortes Ave NE Storm Ave. NE Detention Pond and Storm System Improvement; and requested System Improvement, Santana approval of the project; authorization for final pay estimate in the amount of Trucking & Excavating $11,424, commencement of 60-day lien period, and release of retained amount of $39,762.25 to Santana Trucking & Excavating, Inc., contractor, if all required releases are obtained. Council concur. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Discussion ensued regarding the consequences of the motion made pertaining Vacation: 140th Ave SE, to the Conner Homes street vacation request. (The motion made to approve the Conner Homes, VAC-04-001 request was originally thought to have failed; see page 197.) June 14, 2004 Renton City Council Minutes Page 200 RECESS Vacation: 140th Ave SE, Conner Homes, VAC-04-001 (continued) MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE CONNER HOMES VACATION TO THE PLANNING AND DEVELOPMENT COMMITTEE TO REVIEW ADDITIONAL ISSUES THAT WERE RAISED. CARRIED.* Recommending that further research concerning the motion be conducted, it was MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL RECESS FOR TEN MINUTES. CARRIED. Time: 8:53 p.m. The meeting was reconvened at 9:03 p.m.; roll was called; all Councilmembers present except Clawson, Nelson and Corman, previously excused. Assistant City Attorney Zanetta Fontes explained that when a legislative action is on the table, a majority of the voting body (four of the seven -member Council) must vote in the affirmative for the legislation to be adopted. In this case, the motion was an action based on the staff recommendation of whether or not to move forward with the vacation and eventually bring forward an ordinance. The motion was not a legislative act; therefore, the motion to approve the vacation carries, as a majority of the quorum voted in favor of the motion (three of the four Councilmembers present). *MOVED BY BRIERE, SECONDED BY LAW, COUNCIL RESCIND THE MOTION TO REFER THE CONNER HOMES VACATION TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE PROCESS FOR HOW THE CITY HANDLES STREET VACATIONS TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Planning & Development Planning and Development Committee Chair Briere presented a report Committee regarding park and ride regulations. The Committee met on June 9th to Planning: Primary Use Surface consider proposed regulations for park and ride facilities within the Urban Parking Lots Development, Center, Rainier Corridor, Employment Area Valley, and surrounding Park & Ride Facilities commercial and residential areas. The Committee concurred in the recommendation of staff for approval of legislation establishing "Shared Use Park and Ride" and "Dedicated Park and Ride" as separate uses subject to conditions requiring structured parking within the Urban Center and Rainier Corridor, allowing surface parking facilities south and east of I405, and allowing shared -use park and rides in churches and similar non-residential uses within residential areas. The Committee further recommended that, due to the expiration of the current moratorium on surface parking lot development on 6/15/2004, the proposed legislation be forwarded to the City Council for first and second reading. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE ORDINANCE ON TIES TOPIC. CARRIED. Planning: Primary Use Surface An ordinance was read amending Chapter 2, Zoning Districts - Uses and Parking Lots Development, Standards, and Chapter 11, Definitions, of Title IV (Development Regulations) Park & Ride Facilities of City Code to add regulations for park and ride facilities. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. -^� October 25, 2004 Renton City Council Minutes Page 371 ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: • The Renton Senior Activity Center's Annual Craft Bazaar, featuring handmade crafts by Renton area senior citizens, is on October 30th, from 9:00 a.m. to 2:00 p.m. • The Washington State Department of Transportation cameras along the I- 405 corridor have now been linked to the City so that the images of traffic on I-405 can be viewed in the Traffic Control Center at City Hall. AUDIENCE COMMENT Marty McCombs, Highlands Community Association (HCA) Vice President, Citizen Comment: McCombs - 3412 NE Sunset, Blvd., Renton, 98056, asked for assistance on behalf of HCA Pedestrian Safety Issues, in resolving two pedestrian safety issues at the 800 block of Harrington Ave. Harrington Ave NE NE. The first is the broken and buckled sidewalk, and the second is a storm drain that is located approximately six inches below grade. Mr. McCombs requested that HCA be informed as to when these problems will be repaired. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL REFER THESE ISSUES TO THE ADMINISTRATION. CARRIED. Citizen Comment: Mroczek - Larry Mroczek, 14130 SE 154th PI., Renton, 98058, stated that he owns Property Rezone from R-8 to property at 700 SW 4th Pl., and thanked the City for including his property in CN, SW 4th PI the SW Sunset Blvd. rezone from R-8 to Commercial Neighborhood. 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 October 18, 2004. Council concur. October 18, 2004 Budget: 2005, Annual City of Finance and Information Services Department recommended setting public Renton hearings on 11/8/2004 and 11/22/2004 to consider the City of Renton 2005 Budget. Council concur. Vacation: 140th Ave SE, Technical Services Division reported receipt of appraisal performed for Conner Conner Homes, VAC-04-001 Homes Street Vacation (VAC-04-001) for portion of 140th Ave. SE, and requested Council accept the appraisal and set compensation at $16,500 for the right-of-way. Council concur. Airport: Pro -Flight Aviation Transportation Systems Division recommended approval of Addendum #1 to Lease, Addendum #1, LAG- LAG-99-002, Airport lease with Pro -Flight Aviation, Inc., for a rent increase 99-002 from $9,342.41 to $11,700.08 annually, and to change the purpose of use to allow a fuel storage facility and fuel sales. Refer to Transportation (Aviation) Committee. CAG: 04-076, 2004 Street Transportation Systems Division submitted CAG-04-076, 2004 Street Overlay; Overlay, ICON Materials and requested approval of the project, authorization for final pay estimate in the amount of $138,108, commencement of 60-day lien period, and release of retained amount of $33,271.61 to ICON Materials, contractor, if all required releases are obtained. Council concur. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF UNIMPROVED ROAD LOCATED ON 140TH AVENUE S.E. BETWEEN S.E. 132ND STREET AND S.E. 136TH STREET. (CONNER HOMES, VAC-04-001) WHEREAS, a proper petition for vacating a portion of unimproved road located on 140`h Avenue S.E. between S.E. 132"d Street and S.E. 1361h Street was filed with the City Clerk on or about April 15, 2004, and that petition was signed by the owners representing more than two-thirds (2/3) of the property abutting upon the street or alley to be vacated; and WHEREAS, the City Council, by Resolution No. 3691, passed on May 17, 2004, set June 14, 2004, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter; and the City Clerk having given proper notice of this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described portion of unimproved road located on 140`h Avenue S.E. between S.E. 132"d Street and S.E. 136`h Street, to wit: [The right-of-way 20 feet in width and approximately 308 feet in length, of 1401h Avenue S.E., south of S.E. 132nd Street] See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein is hereby vacated subject to a stormwater utility easement over, across, under and on all the following described area in favor of the City: The East 10.00 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 15, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. This easement is for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto. The City may also construct such additional facilities as it may require. This easement is subject to the following terms and conditions: That a utility easement will be retained by the City over the above -described area, with the understanding that the property may be developed fully if the existing utilities are relocated, with the City's approval, at the sole cost of the developer; and That this easement shall run with the land described herein, and shall be binding upon the parties, and their heirs and successors in interest and assigns. SECTION II. The City Council hereby elects to charge a compensation amount of $16,500 (Sixteen Thousand, Five Hundred Dollars) to the petitioner -owners. 2 ORDINANCE NO. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1173:2/23/05:ma 3 Kathy Keolker-Wheeler, Mayor 2005. EXHIBIT A CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No: 02052 03/08/04 Legal Description — Street Vacation (Portion of 140th Ave. S.E.) The east 30.00 feet of the north half of the northeast quarter of the southeast quarter of the northwest quarter of Section 15; Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington; Except the north 20.00 feet thereof. 02052LI Ldoc, 3/8/04, page I NE CORNER NORTH HALF NE1/4, SE1/4, NW1/4 SEC. 15-23-05 0 N 30.01 PORTION OF 140TH AVE SE TO BE VACATED 30 N W pip N t6 - SCALE 1" = 50' Mo S LINE NORTH HALF 30� NE1/4, SE1/4, NW114 SEC. 15-23-05 3/ PORTION OF VACATED t 40TH AVE. NE. I PER KING CO. ORDINANCE NO. 13228 I REC. NO. 20020208002079 S.E. 132ND ST. I I 1 I W� wz >w o \0 0 I 15 I 16 IPUGET COLONY\ HOMES F 17 / I I CARLO PROPERTY PAGE LARUELHURST/RENTON 2 OF 2 ROAD VACATION EXHIBIT ' 14711 NE 291h Place Suite 101 Ml--, Woshigton 98007 Coo 425.865.7877 fx 425.865.7963 ENGINEERING - PLANNING - SURVEYING JOB NO_ 02052 4� 4 3 5 2 w sew�,. 8 9 t0 11 R E N T 0 N kole NE 4TH St SE 1281H ST. BIA PT., BN PT. 1852 2103 N CREENW000 C AIETERY 17 169 16 15 14 ` Cmw MAPLEWOW CO1.F COURSE VICINITTYp,MAP CARLO PROPERTY PAGE LAROELHURST/RENTON /ROADDVVACATION EXHIBIT 10F 2 con14711 ME 29th Ploce Svite 101 25.885- 877 Fo -4 P8007 425.8857877 Fox 425.8857963 DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO_ 02052 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/DivBoard... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on February 22, 2005, for CAG-05-008, Lake Washington Blvd. Slip Plane Project EXHIBITS: Staff Recommendation Bid Tabulation Sheet (seven bids) Al11 #: 3 . ` FOR AGENDA OF: February 28, 2005 AGENDA STATUS: Consent......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Council concur Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... $440,000 Transfer/Amendment.. Amount Budgeted........ Revenue Generated... Total Project Budget ... $640,000 City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $436,860 RECOMMENDED ACTION: In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Northwest Cascade, Inc. in the amount of $440,000. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 23, 2005 TO: Terri Briere, Council President Members of the City Council VIA: Bonnie Walton, City Clerk FROM: Transportation Design STAFF CONTACT: Jaso rritzler, x7243 SUBJECT: Lake Washington Boulevard Slip Plane Project The work on the Lake Washington Boulevard Slip Plane Project shall include installation of a soldier pile wall on the west side of Lake Washington Boulevard near NE 50 St in Renton. This work includes but is not limited to grading, installation of piles, installation of tiebacks (anchors), testing of tieback capacities, and minor roadway rehabilitation. The Lake Washington Boulevard Slip Plane Project is ranked number 53 in the 2005- 2010 TIP and currently has $640,000 budgeted. The lowest bid submitted by Northwest Cascade fell within the project's total budget at $440,000 and over the engineer's estimate of $436,860, with a difference of $3,140. The Transportation Design Section would like to recommend that the contract be awarded to Northwest Cascade. Additionally, we also recommend that the Agenda Bill outlining this project go Council Concur since the low bid is within budget, there were seven bids submitted, and there were no irregularities in the low bid. Attachments: TIP #53 Bid Tab cc: Sandra Meyer, Transportation Systems Director Leslie Lahndt, Transportation Design Supervisor Jason Fritzler, Transportation Design Project Manager File H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\IASON\Projects\Lake Washington Boulevard Slide\City Correspondence\Contraa Award Memo.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 9nnF _ 9nin CIY_VCAD TID Lake Washington Boulevard Slip Plane Functional Classification: Principal Arterial Fund: 317 Proj. Length: N/A Proj: 12302 RANK: 53 CONTACT: Jason Fritzler 426.430.7243 DESCRIPTION: Retain the failing slope on the west side of Lake Washington Boulevard and reconstruct both north and southbound lanes within the slide area. This project will be coordinated with the Coal Creek Utility District for the repair of their sewer line within the slide area. The project limits are along Lake Washington Boulevard from NE 51st St south 0.1 mile. JUSTIFICATION: Since the Nisquaily Earthquake in 2001, the slope along the west side of Lake Washington Boulevard (LWB) has been moving. Consequently, this has produced a large semi -circular crack in the southbound lane of LWB. Additionally, Coal Creek Utility staff has noticed that their sewer line has moved with the slide. Attempts have been made to seal the cracks in the roadway and have been unsuccessful due to the rapid movement of the slide. Project Totals Programmed Pre-2005 STATUS: Construction to be completed and sewer line repaired by Coal Creek Utility District in 2004. As-builts, final payments, and project closeout in 2005. CHANGES: Funded : 1640.000 1 On -funded Six Year Program ITEM Programmed Spent In 2003 2004 Total 2005 2006 2007 2008 2009 2010 Project Development 27 370 27,370 Precon En Admin 64,030 2 030 62 000 R-O-W includes Admin Construction Contract Fee 496,60 489.00 7,600 7.600 Construction En /Admin 52,000 49,000 3,000 3,000 Other TOTAL EXPENSES 640,000 29,400 600,000 10 600 10,600 SOURCESD :1/2 Cent Gas Tax Business License Fee 640,000 29,400 600,000 10,600 10,600 Grants In -Hand Mitigation In -Hand L.I. D.'s Formed Other In -Hand Grants Proposed Mitigation Proposed L.I.D.'s Proosed Other Proposed Undetermined LM Oft urmr a "AM 5 - 53 FINAL Project Title: Lake Washington Boulevard Slip Plane City of Renton BID DATE: February 22, 2005 Engineers Estimate Caicos Corp Condon -Johnson DBM Contractors Malcolm Drilling Northwest Cascade Item Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount Pr%rz _,.; Amount;; Price Amount Price Amount Price Amount 1 Contractor Supplied Surveying (R1-05.4(3)) LS 1 7,500.00 7,500.00 3,000.00 3,000.00 "2.QQ 00 ' 2000:00. 4,000.00: 4,000.00 4,50_0.00 4,500.00 10,0_00.00 10,0_00.00 2 Traffic Control and Signage(R1-10) LS 1 32100.00 32 100.00 28,000.00 28,000.00 10,Q00 00 000.00 8,500.00 8,500.00 12 600.00 12,600.00 6,300.00 6,300.00 3 Temp. Water Pollution/Erosion Control (Rt-07.15, WSDOT 8-01) - LS 1 1100010 550.00 1,550.00 1,000.00 00 00 .7 00 b0 19;000.00 19,000:'00 --- 1,950.00 -- 1,950.00 1,320.00 1,320.00 4 Utility Potholing(R1-07.7) FA - 1 - - 650.00 650.00 - 650.00 650.006b00 5560U° 650.00. 650.00 650.00 650.00 650.00 650.00 5 Resolution of Utility Conflicts (1-07.17) FA 1 950.00 950.00 950.00 - -- 950.00 r950.00 950<00 = 950,00, 950.00 950.00 950.00 950.00 950.00 6 - Mobilization (1-09.7) LS 1 12 500.00 - 12 500.00 45,000.00 - - 45,000.00 65000 00 65 000 00 40;000 S0 -40 000:00 50,000.00 50 000.00 11,000.00 11,000.00 7 Clearing and Grubbing (2-01) LS 1 2 600.00 2 600.00 12,OOb.00 12,000.00 16 000 00 10 000 d0 3,500:00 - 3 500.00 3,750.00 3 750.00 5,500.00 5,500.00 8 Removing and Resetting Beam Guardrail (8-11) LF 200 30,00 00.60 - 40 00 8,000.00 =25 90 ,' 5,180 DO 12:00 2,400:00 22.50 - - -- 4,500.00 - 40.00 - 8,000.00 9 Remove Asphalt Concrete Pavement (2-02) SY 300 25.00 7,500.00 11.00 31300.00 11.00,:' 3 300 00" 1500, 4,500:00 14.40 4,320.00 12.00 3,600.00 Remove Plastic Traffic Markings (8-22.3(6)) LS 1 1,000.00 1,000.00 650.00 650.00 150.00 150 a0 >1 00 100 : -- 600.00 - ---- 600.00 - -- 165.00 --- 165.00 11 Replace Ashalt Concrete Pavement (5-04.2 and 5-04.3) TON 80 150.00 12 000.00 108.00 8,640.00 89 00 7 120 00 t10 00 8 8Q0 OQ' .; 150.00 12,000.00 145.00 11,660.00 12 Install New Traffic RPM Markings [Type t] (8 09, 8 22 and 9-21) LS 1 2,000.00 2,000.00 950.00 950.00 920 00 ''• 92EY,bQ 1 t50 00 . .1 150.00 - - 900.00 -- 900.00 -00 1,012.00 1,012.00 13 -- Soldier Piles Drilling (WSDOT Soldier Pile Wall Special Provision) - LF 1,200 - 85.00 102,000.00 -- 85.00 - - 102,000.00' - 150.00-180,000.00 ".95.00 . 1.14,000.00 . 135.00 - 162,000:60 - 95.00 - 114,000.00 14 _Soldier Piles Material (WSDOT Soldier Pile Wall Special Provision LF 1,200 95.00 114 000.00 61.00 - 73,200.00 ; • `a "]00 b0 ':120 OOQ.00 ,130.00 �15s,00b:b0 105.00 - - t26,000.00 --- -10 84.00 100,800.b0 15 Prefabricated Drainage Material SY 150 26.00 3 900.00 10 00 1,500.00 600.00, 25.00 `r3 750 00 5.00 750.00 6.00 900.00 16 Timber Lagging Installation (Soldier Pile SP 2.02, 9-09.2) MBM 9 2,500.00 22,500.00 1,300.00 11,700.00 '-3;000 00 '-27,000.00 , 3;250.00 f '-29,250:00 4,500.00 40,500.00 1,930.60 17,370.00 17 Removing Obstructions (Soldier Pile SP 3.03G, 1-09.6) FA 1 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5000.00, . 5,000.00 ` 5,000.00 5.000.00 5 000.00 t000.00 5,000.00 18 Tieback (Permanent Ground Anchor (PGA) SP 2.Oi and 3, 6 02.2) EA 28 2,900.00 81,200.00 4,500.00 126,000.00 5,500.00 ;'.' 154 000 00 .3,250.00 91,000.00 5,500.00 154,000.00_ 3,000.0_0 84,000.00 19 Tieback Performance Test (PGA SP 3.04D) EA 3 390.00 1 170.00 -- 1,600.00 - 4,800.00 - 400 00 > 1200 „ 2 000 00 6,000.00 2,500.00 7,500.00 1 050.00 3,150.00 26 Tieback Verification Test Program (PGA SP 3.04C) LS 1 - 7,000.00 - 7,006.60 3,000 00 3,000.00 10 000 00 --- 10 000 O(3 21,000 00 21 Ob0',00 - - 3,500.00 3,500.00 5,200.60 _ 5,200.00 21 Excavation for Lagging Installation CY 1,000 2.20 2,200.00 95.00 95,000.00 45.00 -. 95,000 00 = 17.00 " 1,7,000:00 12.00 12,000.00 ----- 7.50 - 22 Removal of Soil Spoil from Site CY 1,000 7.00 7,000.00 45.00 45,000.00 30 00 30 000 0 17.00 17,000.00 12.00 12,000.00 17.00 _7,500.00 17,000.00 23 Hydroseeding and Planting (9 14.2) LS 1 300.00 300.00 750.00 750.00 1;1.95 00 ry "1 1951,000.00 900.00 -- -- - 900.00 - - 1,320.00 1,320.00 24 Erosion Contol (Jute) Matting (9-14.5) LS - 1 - 390.00 - - 390.00 - 2,300.00 - 2,300.00 1 AOO.OQ 1 400 00"' 1,000:00 - 1,000.00 1,800.00 1,800.00 3,000.00 3,000.00 25 Topsoil Type A (9 14) LS 1 2,300.00 2,300.00 3,000 00 3,000.00 2.000 00 2 000 00 1;000.00 - 1,000.00 3,750.00 3,750.00 5,000.00 5,000.00 26 Finish and Clean-up (1-04.11) LS 1 1,550.00 1,550.00 1,500 00 1,500.00 1,000 00.I nnn-nn 1,500.00 1,500.00 7,500.00 7,500.00 15,663.00 15,663.00 TOTAL: 436,860.00 586,890.00 660,665,00 557,951.00 633,920.00 440,000.00 LOW BIDDER SCRPRICE LWB Slip Plane, Bldiab Project Title: Lake Washington Boulevard Slip Plane BID DATE: February 22, 2005 Item No. Description RW Scott TBH & Associates Unit Est. Unite Bid- Unit Bid Quantity Price Amount.:-,., Price Amour 1 Contractor Supplied Surveying (Rt-05.4(3)) LS 1 2 Traffic Control and Signage(Rt-10) LS 1 3 Temp. Water Pollution/Erosion Control (Rt-07.15, WSDOT 8-01) LS 1 4 Utility Potholing (Rt-07.7) FA7___ 1_ 5 Resolution of Utility Conflicts (1-07.17) _ FA 1 - 6 Mobilization (1-09.7) LS 1 1. 7 Clearing and Grubbing (2-01) LS 1 6 Removing and Resetting Beam Guardrail (8-11) LF 2_00 9 Remove Asphalt Concrete Pavement (2-02) SY 300_ 10 Remove Plastic Traffic Markings (8-22.3(6)) LS 1 11 Replace Ashalt Concrete Pavement (5-04.2 and 5-04.3) TON 80 12 Install New Traffic RPM Markings [Type 1) (8-09, 8-22 and 9-21) LS 1 13 Soldier Piles Drilling (WSDOT Soldier Pile Wall Special Provision) LF 1 200 14 - Soldier Piles Material (WSDOT Soldier Pile Wall Special Provision LF 1,200 ;7, _15 Prefabricated Drainage Material SY 150 _ 16 Timber Lagging Installation (Soldier Pile SP 2.02, 9-09.2) MBM 9 17 Removing Obstructions (Soldier Pile SP 3.03G, 1-09.6) FA 1 18 Tieback (Permanent Ground Anchor (PGA) SP 2.01 and 3, 6-02.2) EA 28_ 19 Tieback Performance Test (PGA SP 3.04D) EA 3 20 Tieback Verification Test Program (PGA SP 3.04C) LS 1 21 Excavation for Lagging Installation CY 1,000 " 22 Removal of Soil Spoil from Site CY 1,000 23 Hydroseeding and Planting (9-14.2) LS 1 24 Erosion Contol (Jute) Matting (9-14.5) LS 1 25 Topsoil Type A (9-14) LS 1 26 Finish and Clean-up (1-04.11) LS 1 TOTAL: 15 92. ;QO 49,670.29 49,670.29 7;466.02- 7,466.82 650 9t ; .650.00 650.00 5 00 950.00 950.00 113 OQO 35,048:21 - --- 35,048.21 4 OOE O 2,883 39 - - - - - - - -- - -- -- - -- — -- 2,883,39 — - 7` 600 - 80QQ 2446_ 5 7,338.00 2 Q Off 1$2.31 -- -- - — 182.31. -- - - - -- - 10,8Q OQ -199.159 15,887.20 1,00 0,0 , 1;374:34 76 80. 00 193.27 ; - - - -- - - - 231,924,00 .�SasQ�xq� t�aas��1421a8;©o 900 Ot� 8.30 :' , 1;245:00' 8,55tOQt, 2,83747_' - -- - — .25,537.23 5 OQO 00� 5 000 00 5,000.00 140,QOtrf�Or 249668 69907.04 5�� 542 76 '1 628 28 40 0(k� 6 797 05r :6 79705 16 -:16 090 00 '�80Q0d4 2V46 - - - — - - ---- 21,460.00 729 24 729;24 - - 7Q OOr 1,729,72 1,729,72 2 60004 6 811.23 6,811.23 . 9,2,'19 37 9,372 19. - - ]4';2 O.1b , 674,995.60 ' Submitted bid was $674,995.86. The red cells indicate a multiplication error in the unit price and the number of units. Item #8 indicates $8,386.26 in the amount column on the Schedule of Prices. SCHPRICF "'P Plane, BidTab CITY OF RENTON BID TABULATION SHEET ROJECT: Lake Washington Boulevard Slip Plane Project; CAG-05-008 DATE: February 22, 2005 FORMS BID BIDDER Triple Bid Addendrun Addend►un Includes 8.8% Sales Tax Form Bond 1 2 Caicos Corp. X X X X $586,890.00 PO Box 267 Port Gamble, WA 98364 Luke Ivey Condon -Johnson & Associates, Inc. X X X X $660,665.00 651 Strander Blvd., Ste. 110 Tukwila, WA 98188 Eric Dybevik DBM Contractors, Inc. X X X X $557,951.00 PO Box 6139 Federal Way, WA 98063 Paul Groneck Malcolm Drilling Co., Inc. X X X X $633,920.00 S701 S. 192nd St. ent, WA 98031 Michael Pollock Northwest Cascade, Inc. X X X X $440,000.00 PO Box 73399 Puyallup, WA 98373 Harry Thetford, Jr. R.W. Scott Construction Co. X X X X $514,250.00 4005 West Valley Hwy., Ste. A Auburn, WA 98001 Jeff Scott TBH & Associates, LLC X cliecks X X $674,995.86 6119A NE 88th St. Vancouver, WA 98665 Peter A. Tapio :'NGINEER'S ESTIMATE TOTAL: $436,860.00 LEGEND: Form: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage; CITY OF RENTON COUNCIL AGENDA BILL UBMI TTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie Walton SUBJECT: CRT-05-001; Court Case Boeing Employees Flying Association, Inc. v. Action Aviation, Inc.; William O. Wiles & Marilyn Hazel Wiles; Robert H. Snow & Elaine Snow; and City of Renton EXHIBITS: Summons and Complaint FOR AGENDA AGENDA STATUS: Consent.... Public Hearing.. Correspondence.. Ordinance.. . Resolution... Old Business....... New Business...... Study Session.... Other.... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Refer to City Attorney and Insurance Services Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted ........ Revenue Generated... SUMMARY OF ACTION: Summons on Amended Complaint and First Amended Complaint for Damages, Remedial Action, Costs, and Injunctive Relief filed in King County Superior Court by Philip T. Mattern, Demco Law Firm, P.S., 5224 Wilson Ave. S., Suite 200, Seattle, 98118, on behalf of Boeing Employees Flying Association, Inc., regarding the removal of underground fuel tanks from leased property at the Renton Airport. CITY OF RENTON 1 FEB 14 2005 BECE► ED 2 CITY CLERK'S CFFiC-C 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 8 IN AND FOR THE COUNTY OF KING 9 BOEING EMPLOYEES FLYING 10 ASSOCIATION, INC., a Washington NO. 04-2-08871-2KNT nonprofit corporation, 11 SUMMONS Plaintiff, ON AMENDED COMPLAINT 12 V. 13 ACTION AVIATION, INC., a Washington corporation; WILLIAM O. WILES and 14 MARILYN HAZEL WILES, husband and wife and the marital community comprised thereof; 15 and ROBERT H. SNOW and ELAINE SNOW, husband and wife and the marital community 16 comprised thereof; and the CITY OF 17 j'� RENTON, a Washington municipality, R aAarmxt/, 18 Defendants. PIOPW 4AMu1t5+y-0_+0r 19 TO: The above -named defendant(s). 20 A lawsuit has been started against you in the above -entitled court by plaintiff, Boeing 21 Employees Flying Association, Inc. Plaintiffs claims are stated in the written amended 22 complaint, a copy of which is served upon you with this summons. 23 In order to defend against this lawsuit, you must respond to the amended complaint by stating your defense in writing, and by serving a copy upon the persons signing this summons 241 within twenty (20) days after service of this summons, excluding the day of service, if you are served within the State of Washington, or within sixty (60) days after service of this summons, 25 excluding the day of service, if you are served outside the State of Washington. If you do not respond, a default judgment may be entered against you without notice. A default judgment is 26 one where plaintiffs are entitled to what they ask for because you have not responded. If you Summons on Amended Complaint - 1 DEMCO LAW FIRM, P.S. 5224 WItSON Av.. S., SUITE 200 SEAT I-F, WASHINGTON 98118 (206) 723-2330 FAX: (206) 723-2332 1 2 3 4 5 serve a notice of appearance on the undersigned persons, you are entitled to notice before a default judgment may be entered. Any response or notice of appearance which you serve on any party to this lawsuit must also be filed by you with the court within 20 days after the service of summons, excluding the day of service. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. THIS SUMMONS is issued pursuant to Rule 4 of the Superior Court Civil Rules of the 7 State of Washington. 8 DATED this 1 Oth day of February, 2005. 1C 11 12 13 14 15 16 17' 18 19 20 21 23 24 25 26 ZABEFMAction Aviation\c021005 summ am cm Summons on Amended Complaint - 2 DEMCO LAW FIRM, P.S. By John W. co, WSBA # 00866 Philip T. Mattern, WSBA #16986 Attorneys for Plaintiff DEMCO LAW FIRM, P.S. 5224 WILSON AVE. S., SUITE 200 SEATTLE, WASHINGTON 98118 (206) 723-2330 FAX: (206) 723-2332 3 5 6 E I 11 12 13 14 15 16 17. 18 19 20 21 22 23 25 26 CITY OF PENTION FEB 14 2005 %C EEIV1=D CITY Gi.cciK;6 OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING BOEING EMPLOYEES FLYING ASSOCIATION, INC., a Washington NO. 04-2-08871-2 KNT nonprofit corporation, Plaintiff, V. ACTION AVIATION, INC., a Washington corporation; WILLIAM O. WILES and MARILYN HAZEL WILES, husband and wife and the marital community comprised thereof, and the CITY OF RENTON, a Washington municipality, Defendants. FIRST AMENDED COMPLAINT FOR DAMAGES, REMEDIAL; ACTION COSTS, AND INJUNCTIVE RELIEF I. PARTIES 1.1. Plaintiff, Boeing Employees Flying Association, Inc. (`BEFA'), is a licensed nonprofit Washington corporation with its headquarters in Renton, WA. 1.2. Defendant, Action Aviation, Inc. ("Action'), is a licensed Washington corporation with its headquarters in Renton, WA. 1.3. Defendant, William O. Wiles, is the president and an officer and shareholder of Defendant Action Aviation, Inc., and is an individual living in the state of Washington at all times pertinent to this lawsuit. 1 st AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION COSTS, AND INJUNCTIVE RELIEF - 1 —� 0�oV DEMCO LAW FIRM, P.S. 5224 WILSON AVE. S., SUITE 200 SEATTLE, WASHINGTON 98118 (206) 723-2330 FAX: (206) 723-2332 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 11 19 21 22 23 24 25 1.4. Defendant, Marilyn Hazel Wiles, is the wife of Defendant William O. Wiles and an officer and shareholder of Defendant Action Aviation, Inc., and is an individual living in the state of Washington at all times pertinent to this lawsuit. 1.5. All acts done by Defendants Wiles were done for the benefit of their marital community. 1.6 The City of Renton is a Washington municipality located in King County. II. JURISDICTION AND VENUE 2.1. This Court has jurisdiction over the parties and claims, and venue in this Court is proper. III. FACTUAL BACKGROUND 3.1. On December 11, 1987, a contract was entered into between BEFA and Action ("1987 Agreement") wherein, inter alia, Action purchased underground fuel storage tanks, appurtenant equipment, and apparatus (collectively referred to hereinafter as "the fuel farm") from BEFA. 3.2. On October 15, 1996, a contract was entered into between BEFA and Action ("1996 Agreement") wherein, inter alia, BEFA and Action modified their landlord/tenant relationship and Action reaffirmed its ownership of the fuel farm. 3.3. The fi1e1 far„ ;L- t„-.,+oa — .L_ ,--- A Washington ("subject property"). 3.4. At all times pertinent to this lawsuit, BEFA maintained a leasehold estate from the City of Renton in the subject property. 3.5. The 1996 Agreement provides that a portion of BEFA's leasehold interest in the subject property is assigned to Action. At all times pertinent to this lawsuit, the parties have acted in accordance with the lease assignment and landlord/tenant relationship. 3.6. Action used the fuel farm as equipment in its business of providing fuel and oils to the general public during its period of possession of the subject property. 1st AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION COSTS, AND INJUNCTIVE RELIEF - 2 DEMCO LAW FIRM, P.S. 524 WILSON AVE. S., SUITE 200 SEATPLE, WASHINGTON 98118 (206)723-2330 FAX: (206) 723-2332 L 3 4 5 6 7 8 J•7. On June 24, 1997, Action notified BEFA of its intention to terminate the 1996 Agreement. From that point on, BEFA and Action operated on a month -to -month tenancy. 3.8. BEFA notified Action on March 22, 2003 that it intended to terminate its assignment of any leasehold interest in the subject property to Action and notified Action that it would have to vacate the premises by April 30, 2003. 3.9. On March 28, 2003 the City of Renton notified Action that its authority to sell fuel at the Renton Airport was terminated. 3.10. Action, through its attorney, on March 29, 2003 acknowledged a month -to -month 9 tenancy relationship with BEFA and requested that BEFA not require them to vacate the 1011 premises until June 30, 2003. In accordance with its request, Action vacated the property at or 11 around the end of June, 2003, but did not remove the fuel farm that still to this day remains in the 12 land of the subject property. 13 3.11. Action did not pay rent for the months of April, May, or June of 2003. 14 3.12. Action has caused there to be incidents of the releasing of fuels that have caused 15 contamination to the leased premises. 16 3.13. Action is obligated to remove all of its property from the subject property. 17 3.14. Action is in breach of the 1996 Agreement by abandoning its underground fuel 18 farm at the subject property, and is therefore unlawfully in possession of the land. 19 3.15. On December 1, 2003, the City of Renton demanded that Action secure the tanks 20 in the fuel farm by temporary closure. 21 3.16. BEFA has never operated the fuel farm. BEFA has never had control over the 22 operations of the fuel farm. BEFA has never received any benefit from the operation of the fuel 23 farm. At all times material to this action, the fuel farm has been operated and controlled by 24 Action and its officers. 25 3.17. The Washington State Department of Ecology has determined that Action is the 26 owner/operator of the subject fuel farm and has demanded that Action remove the same. I st AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION COSTS, AND INJUNCTIVE RELIEF - 3 DEMCO LAW FIRM, P.S. 5224 WILSON AVE. S., SUITE 200 SEATTLE, WASHINGTON 98118 (206) 723-2330 FAX: (206) 723-2332 2 3 4 5 3.18. Over a period of many years, the City of Renton was aware of and consented to Action's operation of the fuel faun. The City of Renton provided Action the licenses necessary to operate the fuel farm, and received tax revenue from the operation of the fuel farm. Whenever any issue of possible fuel spillage was brought to the attention of the City of Renton, the City until 2004 looked to Action for resolution. The City of Renton was aware of and acquiesced in BEFA's assignment of lease to Action and in BEFA's sale of the fuel farm to Action. 7 3.19. Contrary to the previous pattern of looking to Action for remediation, in 2004 the 8 City of Renton made demands of BEFA that were related to Action's operations. In a letter dated 9 March 2004, the City of Renton directed BEFA to remove the tanks of the fuel farm. Ott May 10 13, 2004, the City of Renton sent notice to BEFA that it would issue a citation against BEFA and 11 threatened fines and imprisonment. 12 3.20. In a Memorandum Decision dated December 27, 2004 in response to plaintiffs 13 Motion for Partial Summary Judgment, Judge George T. Mattson stated that, based on the record 14 before him; it is possible that the fuel farm may belong to the City of Renton and that therefore 15 the City of Renton is a necessary party to this lawsuit to determine the obligations of the parties 16 with regard to removal of the tanks. 17 IV. CAUSES OF ACTION 18 Action Breach of Contract 19 4.1. Plaintiff realleges paragraphs 1.1 — 3.20 as if fully set forth herein. 20 4.2. Action is in breach of the 1996 Agreement by not removing the underground fuel 21 farm and therefore not fully vacating the subject property after the expiration of the term of its 22 leasehold, and BEFA has been harmed and is entitled to damages in an amount to be proved at 23 trial. 241 4.3. BEFA is entitled to all reasonable expenses, costs, and attorney's fees incurred in 25 pursuing this action. 26 1 st AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION COSTS, AND INJUNCTIVE RELIEF - 4 DEMCO LAW FIRM, P.S. 5224 WILSON AVE. S., SUITE 200 SEATTLE, WASHINGTON 98118 (206) 723-2330 FAX: (206) 723-2332 1 2 3 Violation of Pollution /Toxic Substances Laws 5.1. Plaintiff realleges paragraphs 1.1 — 4.3 as if fully set forth herein. 5.2. Action is in violation of RCW 70.105D.010 et seq. by releasing hazardous substances into the environment and is strictly, jointly and severally liable for the costs of 511 remedial action. 6 5.3. William O. Wiles is in violation of RCW70.105D.010 et seq. as an operator of the 7 fuel farm for releasing hazardous substances into the environment and is strictly, jointly and 8 severally liable for the costs of remedial action. 9 5.4. BEFA is entitled to all reasonable expenses, costs, and attorney's fees incurred in 10 pursuing this action pursuant to RCW 70.10513.080. 11 5.5. Upon information and belief, defendants Wiles and Action have violated other 12 statutes, ordinances, and common law controlling pollution, toxic substances, and nuisance. 13 Trespass 14 6.1. Plaintiff realleges paragraphs 1.1— 5.5 as if fully set forth herein. 15 6.2. By not removing its fuel farm, Action is trespassing on the subject property and 16 BEFA has been harmed and is entitled to damages in an amount to be proved at trial. 17 6.3. BEFA is entitled to all reasonable expenses and costs incurred in pursuing this 18 action, and is entitled to have Action remove its fuel farm from the subject property. 19 20 21 22 23 24 25 Unlawful Detainer 7.1. Plaintiff realleges paragraphs 1.1 — 6.3 as if fully set forth herein. 7.2. Action is in unlawful possession of the subject property and is therefore in violation of the Washington Unlawful Detainer statute (RCW 59.12.010 et seq.) and BEFA has been harmed and is entitled to damages in an amount to be proved at trial. In the alternative, Action should be ordered ejected from the subject property. 7.3. BEFA is entitled to all reasonable expenses and costs incurred in pursuing this action, and is entitled to have Action remove its fuel farm from the subject property. Ist AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION DEMCO LAW FIRM, P.S. COSTS, AND INJUNCTIVE RELIEF - 5 5224 WILSON AVE. S., SUITE 200 SEATTLE, WASHINGTON 98118 (206)723-2330 FAX: (206)723-2332 1 2 3 4 5 6 I 11 12 13 14 15 16 17 18 1911 21 22 23 24 25 26 Estoppel 8.1. The City of Renton by various actions and representations acquiesced in Action's operation of the fuel farm. 8.2 BEFA reasonably relied on such actions and representations, and would suffer unjust detriment if the City of Renton were now allowed to deny the effect of such actions and representations. 8.3 The City of Renton should be estopped and precluded from demanding that BEFA remove the fuel farm or any tanks thereof. V. RELIEF REQUESTED Plaintiff requests entry of judgment as follows: 1. Awarding Plaintiff damages for Defendant Action's breach of contract; 2. Declaring the rights and obligations of the parties, and ruling who, as between Action and its officers on the one hand and the City of Renton on the other, has the obligation of removing the fuel farm; 3. Imposing strict, joint and several liability on Defendants Wiles and Action for breach of RCW 70.105D.010 et seq. and requiring that said Defendants immediately be required to comply with that statute and/or other applicable statutes and regulations, whether state or local, including paying for all costs of remedial action as defined in that statute; 4. Awarding Plaintiff damages against Defendants Action and Wiles for trespass; 5. Awarding Plaintiff damages against Defendants Action and Wiles for their unlawful detainer; 6. Requiring Defendants to remove the underground fuel farm from the subject property; 7. Precluding the City of Renton from requiring Plaintiff to remove the fuel farm; and I st AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION DEMCO LAW FIRM, P.S. COSTS, AND INJUNCTIVE RELIEF - 6 5224 WILSON AVE. S., SUITE 200 SEATPLE, WASHINGTON 98118 (206) 723-2330 FAX: (206) 723-2332 1 2 3 5 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. Awarding Plaintiffs' reasonable attorney fees, expenses, costs, and disbursements pursuant to RCW 4.84.030 and RCW 70.105D.080 as against defendants Action and Wiles; and 9. Awarding such additional relief as the Court may deem to be just, equitable, or Otherwise appropriate. DATED this /0-& day of Fehis,ev y )2005. DEMCO LAW FIRM, P.S. By JohnVW.Mco, WSBA # 00866 Attorney for Plaintiff � _l�,/,,pT • �G%7�rh Z:\BEFA\Action Aviation\cc012105 clean am complaint.doc 1st AMENDED COMPLAINT FOR DAMAGES, REMEDIAL ACTION COSTS, AND INJUNCTIVE RELIEF - 7 DEMCO LAW FIRM, P.S. 5224 WILSON AVE. S., SUfrE 200 SEATrLE, WASHINGTON 98118 (206) 723-2330 FAX: (206)723-211? r CITY OF RENTON COUNCIL AGENDA BILL AI N: Submitting Data: Dept/Div/Board. . Staff Contact...... Community Services Peter Renner Ext. 6605 Subject: Emergency elevator repairs at 200 Mill Street Building Exhibits: Info Paper For Agenda of: 2/28 105 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept ..... Fiscal Impact: Expenditure Required... $38,156.16 Transfer/Amendment....... Amount Budgeted....... Budgeted in Fund 306 Revenue Generated......... Total Project Budget $38,156.16 City Share Total Project.. SUMMARY OF ACTION: X One of the two elevators at the 200 Mill Building ceased to function because of the failure of parts that are no longer available. While reviewing the repair and safety upgrade proposal, the other elevator began to exhibit characteristics indicative of imminent failure. Repairs to both are being made on an emergency basis. Funds are available from Fund 306 - Chiller Replacement Project. STAFF RECOMMENDATION: Council concur with emergency repair of disabled elevators using excess funds from Fund 306 - Chiller Replacement Project. Rentonnet/agnbill/ bh MEMORANDUM ;: "u CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Terri Briere, Council President Members of the City Council VIA: Kathy Keolker-Wheeler, Mayor FROM: Dennis Culp, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, x6605 SUBJECT: Emergency Elevator Repairs DATE: February 23, 2005 PURPOSE: To secure Council ratification of the expenditure of $38,156.16 from Fund 306 — Chiller Replacement Project to pay for emergency repairs on the two elevators at the 200 Mill Building. BACKGROUND: • There are two elevators in the 200 Mill Building. The doors and their opening mechanisms recently required emergency repairs. Although the elevators at the 200 Mill Building have been well maintained, they are 37 years old and have not previously been retrofitted, other than earthquake repairs. • The door -opening mechanisms required frequent service work by Thyssen -Krupp, the City's contracted elevator service company. Late last year, Thyssen -Krupp advised GVA Kidder Matthews, the City's property manager at 200 Mill, that the doors and opening mechanisms were worn beyond further adjustment and would require retrofitting. Within three months, one of the doors stopped working and could not be repaired with existing parts. • Repair or rebuilt parts are no longer available for the type of doors and opening mechanisms of the 200 Mill Building elevators. Our choice was to either order custom -fabricated parts or approve the immediate retrofit of the broken elevator N I Terri Briere February 23, 2005 Page 2 door. Custom -fabricated opening mechanism parts take much longer, are more expensive than alternative new parts, and do not address the associated issue of door obsolescence. • For the retrofit, doors were obtained from another manufacturer, including control modules, wiring, and programming. These were adapted and retrofitted to the elevator. • Concurrently, the other elevator doors began to exhibit operating symptoms characteristic of imminent failure. Thyssen -Krupp was authorized to retrofit the second elevator as well. Pending this retrofit, service calls were made almost daily in order to maintain elevator service to the tenants. • The retrofit of the doors represents a portion of a complete elevator retrofit that has been advised by Thyssen -Krupp. A complete retrofit involves replacing the controls, wiring, and cabling, plus upgrading safety features to current standards. • The cost to retrofit the two elevator doors and their operating mechanisms is $38,156.16. Funds are available from Fund 306 — 200 Mill Chiller Replacement. The project engineer's estimate for the chiller project was $180,000, but the actual project cost was $121,594.88, leaving a balance of $58,405.12. C: Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Linda Parks, Finance Analyst Supervisor CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of. Dept/Div/Board.. Economic Development, February 28, 2005 Neighborhoods and Strategic Planning Agenda Status Staff Contact...... Don Erickson (x6581) Consent .............. X Public Hearing.. X Subject: Correspondence.. Wedgewood Lane Annexation — 60% Direct Petition Ordinance ............. Resolution ............ Old Business........ New Business....... Exhibits: Issue Paper, Study Sessions...... 60% Petition Information......... KC Certification of Sufficiency Recommended Action: Approvals: Council concur. Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment. Amount Budgeted.......... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The Council accepted a 10% Notice of Intent petition to initiate annexation of approximately 25.63- acres on December 6, 2004. The subject site at that time included the area between 144th Avenue SE, if extended, on the west and 148th Avenue SE, north of SE 117th Street on the east, SE I I5th Court, if extended on the north, and SE 117th Street on the south, east of Honey Creek, and approximately SE 121" Street, west of Honey Creek. At that meeting Council authorized expanding the annexation by approximately ten acres. The proponents submitted a 60% Petition to Annex on January 18, 2005, and was certified as sufficient by the King County Department of Assessments on February 3, 2005. Council is being asked to accept the 60% Direct Petition to Annex and hold the first public hearing on future zoning. The Administration is also seeking authorization to forward the Notice of Intent package to the Boundary Review Board for King County and to prepare zoning and annexation ordinances for future Council consideration, if it decides to enact this annexation. STAFF RECOMMENDATION: Council set March 14, 2005 for the first of two required public hearings on future zoning for the Wedgewood Lane Annexation and to accept the 60% Direct Petition to Annex. Staff is also requesting Council to authorize the Administration to send the Notice of Intent package for the annexation to the Boundary Review Board for King County and to prepare zoning and annexation ordinances for later consideration, if Council decides to proceed with this annexation. H:\EDNSP\PAA\Annexations\Wedgewood to Expanded\Agenda Bill 60%.doc/ CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: February 10, 2005 TO: Terri Briere, Council President Members of the Renton City Counc il VIA: Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator kwv ` STAFF CONTACT: Don Erickson (x-6581) SUBJECT: Wedgewood Lane (Expanded) Annexation — 60% Direct Petition ISSUE: Should the Council accept the 60% Direct Petition to Annex, now that the King County Department of Assessments has certified 60% or more of the annexation area's assessed value is represented by its signers? If the Council accepts the 60% Direct Petition, what zoning classification should be applied at the time of annexation, since the Comprehensive Plan designation allows three different zones? If the Council accepts the 60% Direct Petition, does it want to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board to begin its 45-day review period, pursuant to RCW 36.93.090? And, if the Council accepts the 60% Direct Petition, does it want to authorize the Administration to begin preparing the annexation and rezone ordinances for future Council consideration? RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 60% Direct Petition to Annex for the expanded Wedgewood Lane Annexation. If Council concurs with this recommendation, the Administration further recommends that Council take the following action: • Authorize it to forward the Notice of Intent package to the Boundary Review Board for King County beginning its mandatory 45-day review period; and, Wedgewood Lane Annexation — Acceptance of 60% Direct Petition February 22, 2005 Page 2 • Authorize it to prepare zoning and annexation ordinances for the expanded 35.68-acre annexation site consistent with the Comprehensive Plan, for future Council consideration. BACKGROUND SUMMARY: The City received the 10% Notice of Intent to Commence Annexation petition in October 2004 and, after having the signatures certified by the King County Department of Assessments, held a required public meeting with the applicants on December 6, 2004. Council, in authorizing circulation of a 60% Direct Petition, required the area be zoned consistent with the Comprehensive Plan and property owners within it assume their proportionate share of the City's outstanding indebtedness. Under the Residential Low Density land use designation, three zones are allowed: Resource Conservation (RC), with one dwelling per 10 acres; R-1, with one unit maximum per each net acre; and R-4, with four units maximum per net acre. Given that current King County zoning allows up to six units per gross acre using bonuses and/or development rights transfers, the City is recommending the denser R-4 zoning for this site. On January 18, 2005, the City received a 60% Direct Petition to Annex for the expanded 35.68- acre site and forwarded it to the County for verification of signers and the assessed value they represent. On February 4, 2005, the King County Department of Assessments notified the City the signatures listed were sufficient under the provisions of RCW 35.13.002 to equal or exceed 60% of the area's assessed value. Pursuant to RCW 35A.14.340, the City is required to hold two public hearings before rezoning the subject annexation site. The first of these is at the time the Council accepts the 60% Direct Petition to Annex. The second is after the Boundary Review Board for King County completes its review and approves the proposed annexation. In the 10% issue paper for this annexation, staff noted that City reviewers had raised no major obstacles to annexation. Parks noted there was a shortage of neighborhood and community parks in the area and future parks development would probably take place on existing undeveloped parklands owned by King County. An estimated one-time public expenditure of $73,499, in excess of what the City would receive from parks mitigation fees from new construction on the site, is attributable to this annexation. Also, the Surface Water Utility division noted that the 1998 King County Surface Water Design Manual Level-2 flow control requirements should be required of new development, unless the City adopts stricter standards in the future, in which case they would apply. The fiscal analysis conducted by staff for this project indicated at full development there would be a surplus of $30,902 per year, in 2005 dollars. CONCLUSION: The proposed expanded Wedgewood Lane Annexation has been certified by the County as having sufficient signatures to represent 60% or more of the area's assessed valuation. It also has reasonable boundaries and appears to comply with relevant Boundary Review Board objectives. Reviewing staff raised no significant obstacles to this annexation. The proposed expanded Wedgewood Lane Annexation appears to further the City's business goals and be in the general welfare and interest of the City. Wedgewood Lane (Expanded) Annexation — 60% Direct Petition - - .�� � rya Q � 0 1 �� - o o ° a-, cr-15 0 0 -- CPU oQ ED ❑ o [� - 41A EX f::�*'� - a� 6 o p �a 1 0 - h - Q .�� F-I--V1 El -T - Elk EE] CD a� -- - t P - — tPlY -- t� - — -- — �']-- Thta document Is o graphic re rsaentotion, not guaranteed LJ to survey occurocy, Intended fpir city purposes only and boned on the boat tnfo tion owilable as of the date shown. This map la for display purposes only. Wedgewood Lane Annexation 0 400 goo gure 3: Existing Structure Map 1 : 4800 ti�Y o{ Economic Development, Neighborhoods & Strategic Planning Existing Structure Alex Pietsch, Administrator — — Renton City Limits Ye�� G. Del Rosario Note: Annexation boundary may differ from diagram. �t�NTO$ 8 October 2004 Please see legal description for actual boundary. E 7 Proposed Annexation Area WEDGEWOOD LANE - REVISED ANNEXATION - FISCAL ANALYSIS SHEET (35.68 acres) RevoiitliGs' €I' ................... ................. ................ Cij5t5 Units Population AV Existing dev. 24 60 $6,769,340 Full dev. 114 285 $47,269,340 Assumptions: 2.5 persons / household $450,000 AV / new unit $282,056 AV / existing unit Existing Full Rate Regular levy $21,256 $148,426 3.14 Excesslevy $542 $3,782 0.08 State shared revenues Rate(per cap) Existing Full Liquor tax $3.52 $211.20 $1,003.20 Li uor Board profits $5.04 $302.40 $1,436.40 Fuel tax - roads $14.46 $867.60 $4,121.10 Fuel tax - arterials $6.47 $388.20 $1,843.95 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $21.60 $102.60 Total $1,791.00 $8,507.25 Micr.PllnnPnus revenues Rate Existing Full Real estate excise* $40.86 $2,451.60 $11,645.10 Utility tax** $133.20 $3,196.80 $15,184.80 Fines & forfeits* $18.33 $1,099.80 $5,224.05 Totall 1 $6,748.207 $32,053.95 " Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.23 $13.62 $64.70 Public Defender $3.13 $188.04 $893.19 Jail $7.19 $431.52 $2,049.72 Subtotal $633.18 $3,007.61 Court/legal/admin. $57.08 $3,424.80 $16,267.80 Parks maintenance* $14.90 $894.00 $4,246.50 Police $270.00 $16,200.00 $76,950.00 Road maintenance** N/A $500.00 $2,307 Fire*** $1.25 $8,461.68 $59,086.68 Total $30,113.66 $161, 865.58 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) C3icosts;: Par 'etiiri ks acquisition & development (from Sheet Parks FIA): ................... ................... Other one-time costs: Total revenues Existing ' ' $3Q; 36';47 Full $1278€A Total ongoing costs Existing $ RA- Net fiscal impact Existing '222g2 Full s��$3Q��2� $73,499.00 Total one-time costs: $73,499.Oe Revised 8-29 per Finance Memo rile: R-0y-005- PETITION TO ANNEX TO THE CITY OF RENTON CITY OF: RENTON UNDER RCW 35A.14.120 JAN 18 2005 aV- (60% Petition — Wedgewood Lane Annexation) TQCEIW CITY COUNCIL OF THE CITY OF RENTON CITY CLERK'»566fith Grady Way Renton, WA 98055 Applicant: „ Address: /SL o - /3/o'"` h� _ ,c x- #1; f4'ZS' Telephone N . 7y7 l�� xia2 The undersigned are owners of not less than sixty percent (601/6) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 onDecember 6, 2004. The City Council then determined that the City would accept the proposed annexation. Further, pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept new zoning consistent with the City's Comprehensive Plan Land Use Map designation for the subject property upon annexation; and, (2) Assume their proportional share of the City's existing outstanding indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page 1 of 2 Wedgewood Lane Annexation 60% Direct Petition to Annex WARNING. Every person who signs this petition with any other than his or her true name, or who knowingly signs more than ene of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate) Y S� xj P signature ands ' �Vl�ing , s llescrrp�ou llate Pi lnfeci (Lo ioe, 1 lat Asser Iy4c)Co S� / /6� 69 1. / Rem �� f )Aw,,T os � m� 3 � 3� 2. e 2. S C-1,16 12e ,7Zw 9 ros'1 I CJ 223 o 59 3Y 7 $. i-AfQKFII64%f VA-'(1ICIk 42.vll"Ij R oo" J IO2-305136 z lq.r2 sC 116 s> tQ�llTbNt 980,51 l d 2-30 59365" 7. �/� n to � Gc.�t��.oJ � S�6ao s r 1,16 Iql 5 E6 �S1ACus/V 2� N 9i 1v23os`f382 8. 1/10/o5 j�/G2o ,SE' ii6,A 5r w A��l Su �z���/ &N rvN, `j8v5y /© 2.3 o Ste/ 3 7 0 9. 1/10/0 5 9 AILLIVIKA� /4-6 z 4 5C 11(0" sr 1 b 2 3 6 5q qS/ "tve S �LLE-V reeNM#O 98a51 10. 11405 41L1g2 6 sE 1i6 � 5 r ©D� �2 Lon RERIro,V q$o�y /a23oS93G3 Page 2 of 2 Wedgewood Lane Annexation 60% Direct Petition to Annex WARNING: Everyperson who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein an'y false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Page 2 of 2 Wedgewood Lane Annexation 60% Direct Petition to Annex WARNING: Everyperson who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) f (-05 — I y6 28 ,5z //6 v", Sr RW7U) 'TgO5 IO2-305936ce y ft-rUtr -s lryyr " IyB���sE 014W q, q00 sq >02 3o15-17 Lax,.-V !y& /9 1/64 sr 3. �o O� k' n Nlyl � �� � %has% lo Z 3 6 5-1 3s p 4. r �t io�PS' RyVAIIu 0 /o23o03Sq 7 RYnrru /0230s73Co i ti e 7UI7L-/00 coCr E 7-e �A) �12xcAtvA, WA�643 rn23o�c�o�7 q 72o n1 E /zo"P t 5-rE 1 /02-3c) C,1oz3 %<Ii2KLA, 6oF) y8031/ a 10. Page 2 of 2 LETTER OF CERTIFICATION WE, the undersigned, certify that we are the owners of King County Assessor Tax Parcel Numbers 102305-9023, -9017, and -9390, which were recently subject to a Lot Line Adjustment, and are now Lots A, B and C of King County Lot Line Adjustment No. L041,0055, as recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording No. 20041223900001. The undersigned are in the process of consumating a transaction to transfer property ownership, whereby Wedgewood Lane, LLC will be the sole owner of Lot C of the Lot Line Adjustment, and CamWest Development and/or CamWest East Renton, LLC, will be the owners of Lots A and B. ed epwood Lane, LLC 102305-9390) Date By: J�'�ti.9�a �• ��.e�ay Its: K—Z�I>z x 71 i .,7 o S CAM ST East nton, LL (as to APN 102305-9017) date By: jn:,C1c, CA-A"PB&Z.L- Its: Al#M } (le CAMWEST De elopment (as to APN 102305-9023) Date By: CRtc �e¢tfR4�t-L Its: /C� iaev'J7-- E415C - PEE 2:3 4rr4O 4JO;Nr: k . c.. W-A 0 4 oy c,vo$,-T- Pam' STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that RICHARD A. GILROY is the person who appeared before me and acknowledged that he/she signed the instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the jjWPf&,0�t� of WEDGEWOOD LANE, LLC, d voluntary act of such institution for the uses and purposes mentioned in the instrument. `GK J. Q� •'•��10N ••`'• Dated: �// $'' � •.•`•�5S F�-•.%'�' tl .o Signature: —� aQa� �aTaRy _� Name (Print): P/}'%KK(L /I, iU s PUBLIC My Appointment Expires: //��/r N:A ��:• p2 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ERIC CAMPBELL is the person who appeared before me and acknowledged that he/she signed the instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the //JAW#*fi51C, of CAMWEST EAST RENTON, LLC, to be the free and voluntary act of such institution for the uses and purposes mentioned in the instrument. G Dated: / T � KJ. Signature: ,[,�•`5S10NA ,+ Name (Print): �}i�f *fog e5►It / 4�- o� t�aTaRi' My Appointment Expires: STATE OF WASHINGTON) ) ss. COUNTY OF KING ) PUBLIC Z I certify that I know or have satisfactory evidence that ERIC CAMPBELL is the pets i before me and acknowledged that he/she signed the instrument, on oath stated that he/she was autho ' Ykeo tF ment and acknowledged it as the of CAMWEST DEVELOPMENT, to, `eM�`vo t of such institution for the uses and purposes mentioned in the instrument. ., Dated: /7� a�rC U �OTARy tpm*�� --► H N 1 Signature: (P= PUBLIC s 2 Name (Print): 6/L2Af-' 9>,'•. rl _ 1 -��••• �0 My Appointment Expires: ��-►J/� ��F �/ASN�� KfNG COUNTY, WASHINGTON VCX /PACr 0"OARY U ACKNOWLEDGMENTS A ';TMEN PJU, T STATE OF WASHINGTON KO... L0460055 Ccum OF KA hl 41 P6AS x OLD LEGAL DESCRIPTIONS ........... I CVtnFY THAT I KNOW OK NAME. RATIVACTORY MDENCE THAT _AL4+L*10 At L .�W .;�. — ON THAT APPEARED BEFORE ME. 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I'r. 1 0' 1 Iff"X Tom cm -1" P: "1 13t. ar' OF MX'QK ill No qua 10 is 4 SUBDIVISION DIAGRAM 1' - low BASIS OF BEARINGS Nwon, 'E BETWM 'NE WONUMINTS FOUND IN PLACE AT QUARTER AND NCRTNEAST CORNER OF SECTION PER REF. I REFERENCES I- RECORD Or RAWY By KM�k AMD _AK1tWJCN'NM REQ NM 0805149004. VOL./PA( C'>-�sk TIN OW .� .. CAU, C OF PENT V CONTTIOL P_. ho. too 30'v W" SEPX- WIrco y ^ c M., a awIII' \ 9 7zx ".* "OUt �y -F— I e� V.umAqT ron 0 LOT LINE, I/-. w 1/4. sm ill-n ./7 Im Am r 11sw A:iLIYS III i4ml-rf /Z i J.V a UASMT 11ji X V V X TO, KI 1" 19 'U2 14711 ME 2% fl—, #101 A.".* W.Wkww VSW7 42"SS.7M Fax 425.8857003 Q IND. OY Oi'IHE K.:-i"/'4OF*'t'F NF.. 1/4:'0 1/4 OF THvsc. 1/4. 1-5 ... ��Ec. .V " AM Date TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT February 28, 2005 Bosair, LLC Lease Addendum 03-05 (Referred February 7, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve Lease Addendum 03-05 to LAG-003-86 with Bosair, LLC to increase the leased area by 21,510 square feet to allow aircraft access to B s ir's hangar, and provide for an increase in ground rental rate from $.27 to $.31 per square Musing the Consumer Price Index for Urban Seattle, resulting in a total annual rent increase of $4,724. The Committee further recommends that the Mayor and City Clerk be authorized to sign the lease addendum with Bosair, LLC. V�tAV'&_ Marcie Palmer, Chair Don Persson, Vice -Chair andy Corman, Member cc: Connie Brundage Susan Campbell -Rehr Kathie Nye Date a -a "005_ TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT February 28, 2005 Kaynan, Inc. Lease Addendum 10-05 (Referred February 7, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve Lease Addendum 10-05 to LAG-003-84 with Kaynan, Inc. for an increase of 6,260 square feet in the leased area to include pavement adjacent to the taxilane at the airport resulting in added revenue of $2,050 per year. The Committee further recommends that the Mayor and City Clerk be authorized to sign the lease addendum to the Kaynan, Inc. lease. Marcie Palmer, Chair Don Persson, Vice -Chair A(e_ R dy Corman, Member cc: Connie Brundage Susan Campbell-Hehr Kathie Nye FINANCE COMMITTEE REPORT February 28, 2005 Date APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on February 28, 2005, claim vouchers 234898-235346 and 2 wire transfers, totaling $1,132,929.17 , and 570 direct deposits, payroll vouchers 55893- 56118, and 1 wire transfer, totaling $1,850,535.00 . Don Persson, Chair --� Toni Nelson, Vice- hair w Denis Law, Member 0 BY 1 u"L' COUNCIlL FINANCE COMMITTEE a_��_ BOOS COMMITTEE REPORT Date February 28, 2005 CONSULTANT AGREEMENT FOR INFORMATION SERVICES MANAGEMENT WITH GM2 SYSTEMS (GEORGE McBRIDE) (referred February 7, 2005) The Finance Committee recommends concurrence in the staff recommendation to approve the Annual Consultant Agreement with GM2 Systems, George McBride, President. The Committee recommends that the Mayor and City Clerk be authorized to execute the Annual Consultant Agreement 6� Don Persson, Chair Toni Nelson, Vice Chair &" Lj' A',' Denis Law, Member cc: Linda Parks, Fiscal Services Director GM2 Systems contract.doc Date a - a 8- Roos - FINANCE COMMITTEE COMMITTEE REPORT February 28, 2005 Fee Schedule Agreement with Healthcare Management Administrators (referred January 24, 2005) The Finance Committee recommends concurrence in the staff recommendation to approve the Fee Schedule Agreement with Healthcare Management Administrators for 2005 and 2006 employee medical plan administration. The Committee recommends that the Mayor and City Clerk be authorized to execute the fee schedule agreement. Don Persson, Chair Toni Nelson, Vice Chair &.." Lj. 4, Denis W. Law, Member cc: Mike Webby, HR & RM Administrator Terri Shuhart, HR Benefits Analyst Document9\ FeeSchedulel-IMA.doc\ Rev 01105 bh P-77"ITED BY t.. J COUNCIL UTILITIES COMMITTEE Date R- 2 S- R00,5 COMMITTEE REPORT February 28, 2005 Springbrook Creek Wetland and Habitat Mitigation Bank (Referred February 14, 2005) The Utilities Committee recommends concurrence in the staff recommendation to collaborate with the Washington State Department of Transportation (WSDOT) to create the Springbrook Creek Wetland and Habitat Mitigation Bank on approximately 130 acres of City -owned . property located west of SR-167 and south of I-405. The Committee further aut�er�a�s the Mayor 4a. sign the Letter of Concurrence with WSDOT. Randy Corman, Chair an Clawson, Vice Chair Don Persson, Member cc: Lys Hornsby, Utility Systems Director e aos 4 3 5 2 w `�►� 1D- 8 9 10 11 R E N T 0 N SITE NE 47H ST. SE 128TH ST. BM PT. BM PT. dF- 1852 2103 GREENWOOD CEMETERY 17 169 16 15 14 � y� CEDAR � !t� MAPLEWOOD GOLF COURSE VICINIT 0 MAP _0'± CARLO PROPERTY PAGE LAROELHURST/RENTON 10F 2 ROAD VACATION EXHIBIT 14711 N.E.29t6 Place Suite 101 Con Fox 4 Bellevue, Woshi98007 425.885.7877 Fax 25.8857963 DESIGN ENGINEERING ENNGGINNEEERING • PLANNING • SURVEYING JOB NO_ 02052 �'4L L13�/ NE CORNER NORTH HALF NE1/4, SE1/4, NW1/4 SEC. 15-23-05 0 N PORTION OF 140TH AVE SE // TO BE VACATED 30 N W � N c� SCALE 1 " = 50' M o S LINE NORTH HALF 30 NE1/4, NW7/4 // SEC. 15-23--23-OS PORTION OF VACATED 140TH AVE. NE. PER KING CO. ORDINANCE NO. 13228 I REC. NO. 20020208002079 I S.E. 132ND ST. I i 1 W z% w a Q o \ o 0 ` �v I 15 I \ 16 IPUGET COLONY\ HOMES F 17 / I/ 5 CARLO PROPERTY PAGE LARUELHURST/RENTON 1• Q ROAD VACATION EXHIBIT 2 OF 2 y: of WARWAS'. I A CO14711 4 14i ME 19th Suite 101 Sp0 :• O Belfewe, Washingttonon 98007 •. t �•9.= 425.885.7877 Fax 425.885.7963 ��y '•.I gStf-' DESIGN Z. L11� ENGINEERING • PLANNING • SURVEYING jgg$; 10 26 pp 04 JOB NO_ 02052 EXHIBIT A CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No: 02052 03/08/04 Legal Description — Street Vacation (Portion of 140th Ave. S.E.) The east 30.00 feet of the north half of the northeast quarter of the southeast quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington; Except the north 20.00 feet thereof. 02052L1 l .doe, 3/8/04, page 1 ORDINANCE NO. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. 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. 1173:2/23/05:ma I Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005. 2005. ORDINANCE NO. SECTION I. The following described portion of unimproved road located on 140th Avenue S.E. between S.E. 132"d Street and S.E. 136th Street, to wit: [The right-of-way 20 feet in width and approximately 308 feet in length, of 140th Avenue S.E., south of S.E. 132nd Street] See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein is hereby vacated subject to a stormwater utility easement over, across, under and on all the following described area in favor of the City: The East 10.00 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 15, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. This easement is for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto. The City may also construct such additional facilities as it may require. This easement is subject to the following terms and conditions: That a utility easement will be retained by the City over the above -described area, with the understanding that the property may be developed fully if the existing utilities are relocated, with the City's approval, at the sole cost of the developer; and That this easement shall run with the land described herein, and shall be binding upon the parties, and their heirs and successors in interest and assigns. SECTION II. The City Council hereby elects to charge a compensation amount of $16,500 (Sixteen Thousand, Five Hundred Dollars) to the petitioner -owners. 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF UNIMPROVED ROAD LOCATED ON 140T" AVENUE S.E. BETWEEN S.E. 132ND STREET AND S.E. 136T" STREET. (CONNER HOMES, VAC-04-001) WHEREAS, a proper petition for vacating a portion of unimproved road located on 140th Avenue S.E. between S.E. 132nd Street and S.E. 1361h Street was filed with the City Clerk on or about April 15, 2004, and that petition was signed by the owners representing more than two-thirds (2/3) of the property abutting upon the street or alley to be vacated; and WHEREAS, the City Council, by Resolution No. 3691, passed on May 17, 2004, set June 14, 2004, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter; and the City Clerk having given proper notice of this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 February 1, 2005 EXHIBIT C Cedar River Monitoring 2005 Proposed Budget P05-1060 Task Task Description Project Cost/Task Labor Labor Subtotal Travel Field Equipment Misc. Budget Hours Overhead profit Fax/Phone/Copies (164.94%) (12%) 100 Project 110 3,519.56 5,601.73 1,094.55 10,215.84 145.80 - - 11,001.64 Management 200 Fry Monitoring 576 14,685.44 23,373.35 4,567.05 42,625.84 1,283.85 2,451.22 40.00 46,400.91 300 Landsburg 180 4,775.76 7,601.10 1,485.22 13,862.08 135.68 1,190.50 - 15,188.26 Physical Surveys 400 Vegetation 26 788.92 1,255.65 245.35 2,289.92 40.00 147.85 - 2,477.77 Surveys 500 Lower Cedar 36 1,100.88 1,752.16 342.37 3,195.41 55.08 272.48 - 3,522.97 River Spawner Surveys 600 Side -Channels 90 2,752.20 4,380.40 855.91 7,988.51 182.25 226.25 - 8,397.01 S awner Surveys 700 Report Writing 122 3,792.32 6,035.86 1,179.38 11,007.56 - - 1,400.00 12,407.56 TOTAL I I I I I 1 1 99,396.12 0108pc3.doc February 1, 2005 EXHIBIT B Cedar River Monitoring Timeline P05-1060 Page 2 of 2 July August September I October November December 2005 2005 2005 2005 2005 2005 Task 100 5 Project Management 61s, Task 200 Fry Monitoring Task 300 Landsburg Physical Surveys Task 400 Vegetation Surveys Task 500 Lower River Spawning Surveys Task 600 Side -Channel Spawning Surveys Task 700 W Report Writing L Rev. 2 2005 timeline Ldoc February 1, 2005 EXHIBIT B Cedar River Monitoring Timeline P05-1060 Page 1 of 2 January February March April May June 2005 2005 2005 2005 2005 2005 Task 100 A Project Management Task 200 a g" Fry Monitoring Task 300 Landsburg Physical Surveys Task 400 Vegetation Surveys Task 500 Lower River Spawning Surveys Task 600 Side -Channel Spawning Surveys Task 700 Report Writing Rev. 2 2005 timeline Ldoc City of Renton Mr. Christian Munter February 1, 2005 P05-1060 records. Please note that if further research or monitoring is required, Golder will notify the City of Renton and discuss both scope and budget modifications. We trust the foregoing is satisfactory for your current needs. If you should have any questions or require additional information, please do not hesitate to call us at (425) 883-0777. Sincerely, GOLDER ASSOCIATES INC. Doug Dunster Principal Attachments DD/PC/tp 0108pcl.doc Paul Conrecode Project Fisheries Biologist City of Renton February 1, 2005 Mr. Christian Munter 2 P05-1060 gravel samples taken from the source pile to determine if the material meets WDFW specifications. Task 400: Vegetation Surveys: This task will include vegetation monitoring to ensure survival of mitigation planting and to determine if maintenance activities to remove non- native invasive plants should be undertaken. The plantings in Elliot Rearing/Spawning Side -Channel will be evaluated for percent cover, canopy cover, and percent survival. Photos will be taken from the pre -established points to assess the overall vegetation to ensure plots are representative of the entire area. This task will also include coordination with groups working with restoration plantings. Task 500: Lower Cedar River Sockeye Spawning. The objective of spawning surveys is to determine the location and total number of live sockeye and chinook, and their redds, between the mouth of the Cedar River at Lake Washington and the I-405 Bridge. The surveys will be conducted in three field days corresponding to the peak of spawning, and two weeks prior and two weeks subsequent to that date — approximately: October 5, October 20, and November 5. Redds and fish will be counted on surveys conducted by foot that use the high banks and numerous bridges of downtown Renton, and serve as a check on WDFW and tribal boat surveys conducted by boat. Redds and fish will be counted by river reach as previously conducted. Task 600: Elliot Rearing/Spawning Side -Channel and Newly -Constructed Side -Channel Spawning Surveys. Surveys will be conducted to determine total number of live fish, number of redds, and redd locations. Surveys will be conducted biweekly, and weekly at the peak of spawning. Task 700: Report Preparation. This task includes the preparation of the final report of all the data collected from tasks 200 through 600. Each report will be submitted within 60 days following completion of the last monitoring date for each task. Four reports will be prepared: 1. Results of fry monitoring. 2. Results of Landsburg physical surveys. 3. Results of vegetation survey, including recommendations. 4. Results of lower main stem and side -channel sockeye spawning surveys. ASSUMPTIONS Golder staff will have access to the site for field visits. ESTIMATED COST We will complete the scope of work for an estimated fee of $99,390.13 The estimated costs and timeline to complete the proposed scope of work are detailed and presented in Exhibits B and C. The contract for this work is also attached. Upon your approval, please sign and return a copy for our EXHIBIT A January 31, 2005 City of Renton Utility Systems Division -Surface Water 1055 South Grady Way Renton, Washington 98055 ATTENTION: Christian Munter, P.E., Project Manager RE: CEDAR RIVER MONITORING 2005 Dear Mr. Munter: Our ref: P05-1060 The following is a scope of work presented by Golder Associates Inc. (Golder) to complete fisheries monitoring activities during 2005 on the Cedar River, in Renton, Washington. The monitoring is required to ensure that proposed mitigation actions adequately address any significant environmental impacts from the USACE Cedar River Section 205 Flood Damage Reduction Project implemented by the Corp of Engineers and the City of Renton. The following includes a proposed scope of work and budget to complete the fieldwork and reports for this project. SCOPE OF WORK The following is a list of tasks that need to be completed to successfully perform each monitoring component. Task 100: Project Management: This task includes tracking project budget and submitting a "percent task completed" update with each invoice to the City of Renton. It will also involve periodic discussions with the City of Renton, and other agencies involved in similar work on the Cedar River. Task 200: Fry production in Elliot Rearing/Spawning Channel: This task includes use of fyke nets to assess sockeye fry emergence and outmigration from the side -channel to determine survival -to -emergence of embryos from fall and winter spawning, and overall fry production from the side -channel. Fry outmigration will be monitored two nights per week from March through May. Secondary objectives include characterization of emergence and outmigration timing, use of side -channels by other salmonids, and use of side -channel by non-salmonid fishes. Task 300: Landsburg Physical Surveys: This task's objective is to determine channel changes after gravel supplementation consistent with previous years' methods. It includes five cross -sectional river surveys, and five Wolman pebble counts. Task 300 also includes snorkel surveys to determine if adult steelhead or Chinook spawners are in the area, water quality monitoring associated with gravel placement, and analysis of XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Z/8/() 5 Date CJy V1_ rA ac r1�H type or print name Title CITY OF RENTON Kathy Keolker-Wheeler, Mayor Date ATTEST: Bonnie I. Walton, City Clerk HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GolderContract2005\2005GolderContract.doc\ c 9 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GolderContmct2005\2005GoiderContract.doc\ c 8 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the ne4 fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complet, is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GolderContract2005\2005GolderContract.doc\ c 7 Piaua/Data_Center/Fortns/City/Contracts /2000_Consultant.doc bh and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non - Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GOiderCOntract2005\2005GolderContract.doc\ c 6 Piaaa/Data_Center/Forrns/City/Contracts /2000 Consultant.doc bh A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employet. interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GOlderCOntract2005\2005GolderContract.doc\ c 5 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $ 99,396.12 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. I . The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 164.94 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 12 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GoiderCOntract2005\2005GoiderContract.doc\ c 4 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GolderContract2005\2005GolderContract.doc\ c 3 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." Washington State Department of Transportation, "Bridge Design Manual, Volumes I and 2." Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GolderContract2005\2005GolderContract.doc\ c 2 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2005, by and between the CITi OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Golder Associates, Inc. whose address is 18300 NE Union Hill Rd, Ste 200, Redmond, WA 98052, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: 2005 Cedar River Section 205 Project Monitoring WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GoiderContract2005\2005GolderContract.doc\ c 1 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh Golder/2005 Cedar River February 11, 2005 Page 3 of 3 TABLE 2 2005 MONITORING ACTIVITIES - TASKS AND OBJECTIVES Monitoring Description Task and Objective Activity (Per Table 1) 1 Vegetation Monitor installed riparian vegetation along the river and at mitigation sites to determine if the goals have been met. 4 Proposed Side- Monitor the spawning activity and rearing activity within Channel the proposed side -channel (that will replace the 205 Groundwater Channel) to determine if spawning goals have been met and salmonids other than sockeye are utilizing the channel. 5 Cedar River Monitor the number of sockeye and redds (i.e. egg nests) Spawning in the Cedar River between Lake Washington and I-405 to determine if the lower river escapement goal has been met. 9 Landsburg Monitor the river channel below the Landsburg bridge to Physical Surveys determine if supplanted spawning gravel was transported downstream. 10 Elliott Side- Monitor the spawning activity and rearing activity within Channel Rearing the proposed side -channel (that will replace the 205 Groundwater Channel) to determine if spawning goals have been met and salmonids other than sockeye are utilizing the channel. cc: Lys Hornsby, Utility Systems Director HAFile Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 -Scope of Work\GolderContract2005\2005GolderIssuePaper.doc\CMtp Golder/2005 Cedar River February 11, 2005 Page 2 of 3 verification of predicted project impacts and mitigation benefits on key species (i.e. sockeye and Chinook salmon, longfin smelt, and etc.). The City is responsible to ensure that the plan is successfully implemented on an annual basis. The overall monitoring plan (associated with the 1998 dredging and related mitigation projects) consists of ten activities as shown in Table 1. Currently, seven of the ten activities have been completed. It is important to note that the extension of certain monitoring activities (i.e. spawner surveys in lower river and side -channels) beyond the permit condition is recommended. The additional spawner surveys will be very useful to determine the actual long-term impacts of dredging on target species and the overall benefits of the mitigation elements, which may help to prevent the need for future mitigation. A list and brief description of the monitoring activities included in the 2005 Monitoring Plan are shown in Table 2. The scope of work, cost estimate, and schedule for the 2005 Monitoring Plan is also attached. CONCLUSION: The Surface Water Utility recommends approval of the consultant agreement with Golder Associates, Inc., to implement the 2005 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction Project. The Surface Water Utility has funding sufficient to support implementation of the 2005 Monitoring Plan in the 2005 Capital Improvement Program budget. TABLE 1 2005 MONITORING PLAN ACTIVITIES - STATUS Monitoring Activity Description Actual Start Date Estimated or Actual End Date Completed? 1 Vegetation 1998 2005 No 2 Bird Use 1999 2000 Yes 3 Salmonid Use of Maplewood Revetment 1999 2000 Yes 4 Replacement Side -Channel 2005 2010 No 5 Cedar River Spawning 1998 2002 No 6 Salmonid Predation 1999 2000 Yes 7 Longfin Smelt 1999 2002 Yes 8 Scour Chains 1998 2000 Yes 9 Landsburg Gravel Supplementation 2000 2010 No 10 Elliott -Side Channel 2000 2003 No * Requirements have been completed, but the City is still monitoring these activities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 -Scope of Work\GolderContract2005\2005GoiderlssuePaper.doc\CMtp CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 11, 2005 TO: Terri Briere, Council President Members of Renton City Council VIA: Mayor Kathy Keolker-Wheeler FROM: Gregg Zimermak mdministrator STAFF CONTACT: Ron Straka, Surface Water Supervisor (ext. 7248) Chris Munter, Surface Water Engineer (ext. 7205) SUBJECT: Engineering Consultant Agreement for 2005 Cedar River Monitoring Plan ISSUE: The Surface Water Utility is required to implement the 2005 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project per the Hydraulic Project Approval issued by the Washington State Department of Fish and Wildlife. RECOMMENDATION: Authorize the Mayor and City Clerk to execute this agreement with Golder Associates, Inc., in the amount of $99,396.12, to assist with the implementation of the 2005 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project. Project funding ($305,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2005 Surface Water Utility Capital Improvement Program budget (421.000600.018.5960.0038.65.065095). Golder Associates, Inc., is included on the 2005 Utility Systems Annual Consultant Roster and, in addition, conducted the required monitoring as part of the 2000, 2001, 2002, 2003, and 2004 plans. BACKGROUND SUMMARY: As part of the permit conditions associated with the USACE Cedar River Section 205 Flood Damage Reduction Project, the City and USACE developed a detailed post -construction monitoring plan. Implementation of the plan, which is also a permit condition, will afford field CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact..... PBPW/Utility Systems Ron Straka, x7248 Chris Munter, x7205 Fill For Agenda of. February 28, 2005 Agenda Status Consent .............. Subject: Public Hearing.. Consultant Agreement to Implement the 2005 Correspondence.. Monitoring Plan for the Cedar River Section 205 Flood Ordinance ............. Damage Reduction Project Resolution............ Exhibits: Issue Paper Contract Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... X Other. ..... Fiscal Impact: Expenditure Required... $99,396.12 Transfer/Amendment....... Amount Budgeted....... $99,396.12 Revenue Generated......... Total Project Budget $305,000 City Share Total Project.. SUMMARY OF ACTION: As part of the necessary permit conditions for the Cedar River Section 205 Flood Damage Reduction Project, the City and USACE developed a detailed biological and physical monitoring plan. Implementation of the plan, which is also a permit condition, will afford field verification of predicted project impacts and mitigation benefits on key species (i.e. sockeye and Chinook salmon, longfin smelt, and etc.). The City is responsible to ensure that the plan is successfully implemented each year until completion. The 2005 monitoring work includes surveys of adult spawning in the lower Cedar River and constructed spawning channels, vegetation surveys, fry production in the Elliott Spawning Channel, and physical surveys at the Landsburg Gravel Supplementation mitigation site. Project funding ($305,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2005 Surface Water Utility Capital Improvement Program budget (421.000600.018.5960.0038.65.065095). Golder Associates, Inc., is included on the 2005 Utility Systems Annual Consultant Roster and, in addition, conducted the required monitoring as part of the 2000, 2001, 2002, 2003, and 2004 plans. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute this agreement with Golder Associates, Inc., in the amount of $99,396.12, which is already budgeted in the Project Funding ($305,000), to assist with the implementation of the 2005 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\GolderContract2005\2005GolderAgendaBill.doc\CMtp DATE: TO: VIA: FROM: ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT M E M O R A N D U M February 14, 2005 Terri Briere, Council President Members of the Renton City Council _�C- , Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer STAFF CONTACT: Joe McGuire, Court Services Director (x6531) i '� SUBJECT: New Hire above C Step ISSUE: Hiring Probation Officer at D step RECOMMENDATION: Council Concur with the Request and grant hiring at the D step. BACKGROUND SUMMARY: The Probation Officer position is now vacant. This position requires an employee with a high level of skill, judgment and experience to perform this function for the City. The candidate has six years experience as a Probation Officer and is currently employed as a Probation Officer at the City of Kent. She is earning pay equal to the D step. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact..... Subject: AJLS/Municipal Court Joe McGuire, X6531 Hiring a Probation Officer at Step D Exhibits: Issue Paper AI #: r For Agenda of: 2/28/05 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Refer to Finance Committee Finance Dept...... Other........ .... Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... Budgeted at D Step Revenue Generated......... Total Project Budget City Share Total Project.. X SUMMARY OF ACTION: The Probation Officer position is now vacant. This position requires an employee with a high level of skill, judgment and experience to perform this function for the City. The candidate has six years experience as a Probation Officer and is currently employed as a Probation Officer at the City of Kent. She is earning pay equal to the D step. STAFF RECOMMENDATION: Council Concur in the request and grant the D step. Rentonnet/agnbill/ bh ORDINANCE NO. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION IL There is hereby declared an emergency and this ordinance shall take effect immediately upon adoption. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1167:2/10/05:ma day of 72005. Bonnie I. Walton, City Clerk day of 2005. Kathy Keolker-Wheeler, Mayor I -r, i;• j}t ORDINANCE NO. unless such owner in the transfer of such vehicle or vehicle hulk has complied with section 46.12.101 RCW and shall constitute a lien thereon. C. Impoundment After Posted Notice: It shall be the duty of the Chief of Police to remove any abandoned vehicle or vehicle hulk, parked or left on any street, highway or City property as hereinabove defined after notice of removal, indicating his or her authority to impound, has been posted on the vehicle or vehicle hulk for a period of not less than twenty four (24) hours, and no claim has been made by the owner, or on his behalf, during the twenty four (24) hour posting period. Such vehicle or vehicle hulk shall be removed by any tow truck operator or as the City may otherwise determine, and in case of a tow truck operator, such abandoned vehicle or vehicle hulk shall be stored at the established place of business of such operator and he shall have a lien upon such vehicle or vehicle hulk for all services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same. See also Renton Municipal Code Section 10-5-2. D. Charge on Violation: The removal or impound of a vehicle from any street, highway or property shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. E. Reporting Procedure: The tow truck operator, or if none, the Chief of Police, shall complete the required reporting and/or notifications as provided in section 46.90.345 RCW. F. Disposition and Sale: Disposition and sale of an abandoned vehicle or vehicle hulk shall be as provided in RCW 46.55.120(4), RCW 46.55.130 or RCW 46.90.375. 6-1-5 SEVERABILITY: 7 t ORDINANCE NO. licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130, or 3) a vehicle or part thereof which is stored or parked in a lawful manner on private real property in an area zoned for and in connection with the business of a licensed auto body repair shop or facility. I. Removal by Landowner: Nothing in this Section shall be construed to prevent any landowner or the person in control of real property, except City property, from immediately removing a vehicle, vehicle hulk, or any parts thereof, which was left on such property without the landowner's permission, irrespective of any time limits specified elsewhere in this Chapter, by means of towing or otherwise, to a garage designated by the Police Department; provided, that the Police Department shall be notified one hour prior to the removal of such a vehicle, vehicle hulk, or any parts thereof. J. Penalties: Any person violating RMC 6-1-2.A shall be guilty of a misdemeanor. Penalties for any violations of any of the provisions of this Section shall be in accord with RMC 1-3-1. 6-1-4 ABANDONMENT OF VEHICLE OR VEHICLE HULKS ON STREETS, HIGHWAYS OR CITY PROPERTY REGULATED: A. Abandonment of Vehicle or Vehicle Hulks on Streets, Highways or City Property Prohibited: No person shall abandon any vehicle or vehicle hulk as hereinabove defined on any street, highway or City property. Any such vehicle or vehicle hulk is hereby declared to be a public nuisance which shall be removed in accordance with this Chapter. B. Presumption of Responsibility of Owner of Record for Abandonment: Any costs incurred in the removal of such vehicle or vehicle hulk may be assessed against the last registered owner of the vehicle or vehicle hulk if the identity of such owner can be determined, T, ORDINANCE NO. on the King County tax assessment roll and to the last registered owner and legal owner of record of such vehicle, vehicle hulk, or any parts thereof, unless the vehicle is in such condition that identification numbers are not available to determine ownership. F. Testimony: The applicant for hearing may either appear in person at such hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the vehicle, vehicle hulk, or any parts thereof was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle, vehicle hulk or any parts thereof against the landowner of the real property upon which the vehicle, vehicle hulk or any parts thereof is located or otherwise attempt to collect such costs from the landowner. G. Disposal: After notice has been given by the Police Chief of the City or his or her designee, of the intent of the City to abate the vehicle, vehicle hulk, or any parts thereof, and no request for a hearing is received, or a hearing is held and the Hearing Examiner orders the vehicle, vehicle hulk, or any parts thereof removed, the said vehicle, vehicle hulk or parts thereof shall be removed from private real property by the Police Chief or his or her designee and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State of Washington Department of Licenses. H. Exceptions: This Chapter shall not apply to: 1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private real property, or 2) a vehicle or part thereof which is stored or parked in a lawful manner on private real property zoned for and in connection with the business of a L" ORDINANCE NO. the City may be first assessed against the last registered owner of the vehicle, vehicle hulk, or any parts thereof, if the identity of such owner can be determined, unless such vehicle owner in the transfer of the ownership of such vehicle or vehicle hulk has complied with RCW 46,12.101, or second, the costs may be assessed against the landowner on which such vehicle, vehicle hulk, or any parts thereof is stored, provided that said vehicle, vehicle hulk, or any parts thereof, is stored, maintained, kept or retained with the landowner's permission or acquiescence and shall constitute a lien thereon. D. Notice: Before the abatement or removal of a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, notice shall be given by the Police Chief or his or her designee to the last registered vehicle owner and legal vehicle owner of record, if the identity of such owner can be lawfully determined, and the landowner of real property upon which such vehicle or vehicle hulk or any parts thereof is located, that a public hearing may be requested before the Hearing Examiner of the City, by mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the vehicle's last registered and legal owner and landowner of real property on which the vehicle, vehicle hulk or any parts is located, or by personal service upon said owners, and if no hearing is requested within twenty-one (21) days from the date of mailing or personal service, the vehicle, vehicle hulk or any parts thereof may be removed and abated in accordance with this Chapter and RMC 1-3-3.G. E. Request for Hearing: If a request for hearing is received by the Hearing Examiner, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle, vehicle hulk, or any parts thereof, as a public nuisance shall be mailed by certified mail with a return receipt requested, to the landowner of the real property as shown 0 ORDINANCE NO. MAINTAIN or MAINTENANCE: To hold or keep in an existing state or condition, or keep in existence or continuance. RETAIN or RETENTION: To continue to hold, have, keep, own, possess, or to exercise dominion or exercise control over. STORE or STORAGE: To place, accumulate, or leave in a location. VEHICLE: RCW 46.04.670 is hereby adopted by reference, as now or hereafter amended, as if fully set forth herein, and shall apply to the interpretation and enforcement of this Chapter. VEHICLE HULK: Any part or portion of the body or chassis of a vehicle that is apparently inoperable or unable to be lawfully operated upon public roads or highways. WRECKED: A vehicle or vehicle hulk, or any part thereof that is disabled, destroyed, apparently inoperable, or extensively damaged. 6-1-3: JUNK VEHICLE OR VEHICLE HULKS ON PRIVATE PROPERTY REGULATED: A. It shall be unlawful to store, maintain, keep or retain: a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any part thereof, on private real property in the City of Renton. B. The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, on private real property in the City is hereby declared to be a public nuisance in accordance with this Chapter and RMC 1-3-4, as now or hereafter amended, and may be abated in accordance with this Chapter and RMC 1-3- 3 . G, as now or hereafter amended. C. Abatement Costs: Costs of abatement and removal of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or parts thereof, from private real property in 3 ORDINANCE NO. The purpose of this chapter is to preserve the health, safety, welfare, and character of the City's neighborhoods and to reduce blight by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240 and RMC 1-3-3.G, as now or hereafter amended. It is a further purpose of this chapter to provide a procedure for handling the abandonment of vehicles or vehicle hulks from public property. 6-1-2 DEFINITIONS: DISMANTLED: A vehicle that is in parts or pieces such that it is apparently inoperable or unable to be lawfully operated upon public roads or highways. INOPERABLE: A vehicle that is apparently not functioning or is inoperative or cannot be lawfully operated upon public roads or highways. JUNK VEHICLE: A vehicle that meets at least three of the following requirements: (1) a vehicle that is three years old or older; (2) a vehicle that is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; (3) a vehicle that is apparently inoperable; (4) a vehicle that has an approximate fair market value equal only to the approximate value of the scrap in the vehicle's current condition, or (5) evidence of inoperability or damage that includes, but is not limited to any buildup of debris that obstructs use, or a flat or missing tire or tires, or a nonfunctional motor or transmission, or missing bumpers, or missing license plates, or expired vehicle license plate tabs. LANDOWNER: A legal owner or owners of private real property, or a person in possession or control of private real property. 2 f L � F <, I u CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6-1, ABANDONED VEHICLES, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY OUTLAWING JUNK VEHICLES ON PRIVATE REAL PROPERTY, REVISING ABATEMENT PROCEDURES, ADDING DEFINITIONS, DECLARING CERTAIN VIOLATIONS A MISDEMEANOR, ESTABLISHING A PROCEDURE FOR HANDLING THE ABANDONMENT OF VEHICLES OR JUNK VEHICLES FROM PUBLIC PROPERTY, AND PROVIDING A STATEMENT OF LEGISLATIVE PURPOSE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 6-1, Abandoned Vehicles, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: CHAPTER 1 JUNK VEHICLES OR ABANDONMENT OF VEHICLES SECTION: 6-1-1: Purpose 6-1-2: Definitions 6-1-3: Junk Vehicle Or Vehicle Hulks On Private Property Regulated 6-1-4: Abandonment of Vehicle Or Vehicle Hulks On Streets, Highways Or City Property Regulated 6-1-5: Severability 6-1-1: PURPOSE: I Mayor and City Council Amendments to City Code re: junk vehicles/abandonment of vehicles Page - 2 Finally, violations of the junk vehicle portion of this chapter were made infractions. However, under state law, the City could not obtain a search warrant to go on private property to establish a violation of the Code. State court decisions allowed search warrants of private property only upon the showing of criminal probable cause that a violation was being committed. By criminalizing the Code, the City may obtain a search warrant and go upon private property. It is frequently necessary to get a search warrant to clearly establish all of the elements of a "junk vehicle." There is only one change in the chapter with respect to abandonment of vehicles. State law defines "abandoned vehicles" in a manner that relates only to vehicles not claimed from tow yards. Therefore, we have changed the title of the chapter, and the appropriate subsection, to "abandonment of vehicles" to avoid the state definition of "abandoned vehicles." The Code section has worked well for the police department over a number of years, but while the Code was being amended, this wording change was made to avoid any potential difficulties. R CITY OF RENTON .,u Office of the City Attorney Kathy Keolker-Wheeler, Mayor Lawrence J. Warren Assistant City Attorneys Mark Barber Zanetta L. Fontes Ann S. Nielsen MEMORANDUM Sasha P. Alessi Whitney A. Faulkner DATE: February 11, 2005 TO: Terri Briere, Council President Members of the Renton City Counci VIA: Mayor Kathy Keolker-Whee FROM: Vtlawrence I Warren, City Attorney STAFF CONTACT: Mark Barber, Assistant City Attorney Ann Nielsen, Assistant City Attorney SUBJECT: Amendments to the City Code dealing with Junk Vehicles or Abandonment of Vehicles ISS E: Should Chapter 1 of Title VI of City Code be amended to include definitions, clarify sections, expand the scope to include parts of junk vehicles, and criminalize portions of the Code? RECOMMENDATION: Review, comment, and recommend passage of the proposed ordinance to the full City Council. BACKGROUND: With the current emphasis on nuisance abatement, the City Attorney's office has taken a close look at several portions of the City Code, including the code section on junk vehicles or abandonment of vehicles. Both junk vehicles and abandonment of vehicles are covered by state law delegating the authority to the city to regulate junk vehicles or abandonment of vehicles. Some of the definitions in state law have changed since the original adoption of this Code section, and so, it is necessary to update City Code. Additionally, the state law has certain inconsistencies that are resolved by including more properly worded definitions and explanations in City Code. The prior City Code did not explicitly state that violation of its terms would be unlawful. That lack presented a potential defense to charges brought by the City and so a section was added to resolve this difficulty. Post Office Box 626 -Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % past consumer RENTON AHEAD OF THE CURVE CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... City Attorney's office Lawrence J. Warren Subject: Amendments to Chapter 6-1 titled "Junk Vehicles or Abandonment of Vehicles" Exhibits: Ordinance • For Agenda of February 28, 2005 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions....., Information........ . X // Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Chapter 6.1 is updated to add definitions, expand the scope of junk vehicles to include parts thereof, add explanatory language and criminalize violations STAFF RECOMMENDATION: Approve an amendment to the Renton Municipal Code, Title VI, Chapter 1, regarding junk vehicles and abandonment of vehicles. Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL AIN: Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP February 28, 2005 Staff Contact...... Alex Pietsch (x6592) Agenda Status Consent .............. X Public Hearing.. Subject: Renton Lodging Tax Advisory Committee Correspondence.. Appointment Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Study Sessions...... Information........ . Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Resolution #3288 established the Renton Lodging Tax Advisory Committee and authorizes Council to review the membership annually and fill any committee vacancies. Resolution #3686 established that two representatives from the lodging industry be represented on the Committee. Terry Godat, of the EconoLodge has resigned. Kim Hart, general manager of the TownePlace Suites and SpringHill Suites by Marriott has been nominated by the Renton Visitors Connection to replace this vacant seat. STAFF RECOMMENDATION: The Renton City Council appoint Kim Hart to the Renton Lodging Tax Advisory Committee. H:\EDNSP\Economic Development\Hotel-Motel Tax\Council Action - Agenda Bills and Issue Papers\2005\Committe Vacancy agbill - Hart.doc City of Renton - -J oney CreekFEas_ t t NVCASTLE Current Annexations 27.5 ac. URBAN GROWTH BOUNDARY - GfI'YWAITS .,- , �.. t..•, Merritt II ACTNE ANNEXATION f- /�( INACTIVE ANNEXATION t - 133.3 ac. t EHendrickson . A conamk Devebprtwnt. Neipf,twAwods 8 Btrsteglc Planning ' t ♦ AMPieYCA. ° ,Rr D..e.,zoa 'Approved by the B.R.B. 23.1 ac. T-` .t� � i ": Wedgewood Querin t, ' I Lane T i }k sx9.4 ac. �_ '.A Y 38.9 ac. Anderson s 19.8 ac. Maplewood Park Terrace � p r , ta; East 7.6 ac. x T , fYI 26.1 ac. e� �, . s� Lindberg H �.�;,._ 10.6 ac. I Mosier 11Y4 Y „ 31.0 ac. .•, ' `-�Y ` Maplewood I ' Maplewood � Highlands Maplewood,,.,, g Addition9.5 ac. TUKWiI ,''`i I .. 60.5 ac. lementary h-r 1 i .ih =y ' E )1J111 Falk I I 9.8 ac. 4. ------ 6.8 ac.;"Z i Ant hone' �- 4.9 ac. KENT !. j k 4• t i i {,.�, , I FEB 42005 E King County�� (�`NNI7JG Department of Assessments Scott'NO'W-' - King County Administration Bldg, Assessor 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessorinfo@metrokc.gov www.metroke.gov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted January 24, 2005 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Wedgewood Lane Annexation (Revised), has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 3rd day of February, 2005 Scott Noble, King County Assessor A •®1MM AM181 r 2, WEDGEWOOD LANE ANNEXATION LEGAL DESCRIPTION That portion of the east half (1/2) of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington, lying south of the south line of the north 20 acres thereof, and lying north of the south line of the north 50 acres thereof; LESS the east 30 feet thereof for County Road (148t' Avenue SE); TOGETHER WITH Lot C of King County Boundary Line Adjustment No. L041,0055, as recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording No. 20041223 90000 1, in the east half (1/2) of said Section 10. Exhibit 1 o�aQci 1t ❑ �o ❑ o 0 --_ _ 1 a o r Q Q w � ❑ � o Q 13 t� 7 P Lri lJ LJ ❑ 3 1� h Q _ 6 C� ❑ D o Q q > a n co T cl Ln L9 ID O Q ❑ P ❑ D a W I ❑ �} a � o �a as ------------ o D o � a o � 9 a ThL Ooament k �phk reprcsentatkn, nat quarantesd [] to twre occurocy. intended /w dt oNY — O based on the best F/ormotion w Y os of Ne dota shown• This nrtq IS Mr displOY purposes M:Y. Wedgewood Lane Annexation 0 400 goo 'igure 3: Existing Structure Map 1 : 4800 ti�Y O� Economic Development, Neighborhoods & Strategic Planning Existing SWdure Alex Pietsch, Administrator G. Del Rosario Note., Annexation boundary may differ from diagram. Renton City Limits �Nzo 8 October 2004 Please see legal descWbon for actual boundary, 0 Proposed Annexation Area r ' �VW TRANSPORTATION/AVIATION COMMITTEE Date COMMITTEE REPORT February 28, 2005 Bruce Leven Lease Addendum 07-05 (Referred February 7, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve Lease Addendum 07-05 to LAG-001-88 with Bruce Leven to X decrease>(the leased area to eliminate 2,578 square feet because of the 1999 Cedar River Floodwall and Levy Project and 934 square feet because of the 2002 Airport Airside/Landside Separation Improvement Project, resulting in an annual reduction in revenue of $715.81 and a one-time credit of $2,173.17. The Committee further recommends that the Mayor and City Clerk be authorized to sign the lease agreement. 0 _ (, e��L Marcie Palmer, Chair Don Persson, Vice -Chair andy Corman, Member cc: Connie Brundage Susan Campbell-Hehr Kathie Nye TRANSPORTATION/AVIATION COMMITTEE Date a'2? COMMITTEE REPORT February 28, 2005 I-405 Mainline Alignment — Renton Western City Limit to SR 169 Concurrence Letter (Referred February 14, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to authorize the Mayor to provide a concurrence signature to the Washington State Department of Transportation regarding the I-405 mainline alignment from the western Renton city limit to SR 169. The concurrence concept for the I-405 project was established in the I-405 Corridor Program Final EIS as a method of formal written determination on key issues by agencies so the I 405 program may proceed to the next phase. The Council, on several I-405 key issues, has provided concurrence since 1999. Concurrence regarding the I-405 mainline alignment allows the Renton Nickel Project to progress without unintentionally constraining future I-405 projects. �/ w;L l Marcie Palmer, Chair Don Persson, Vice -Chair 111�1 (r", R ndy Corman, Member cc: Gregg Zimmerman, Administrator Sandra Meyer, Transportation Systems Director Nick Afzali, Transportation Systems Planning and Programming Manager Connie Brundage, Transportation Systems Administrative Secretary 1-405 Mainline Alignment Committee Report.doc\ rev 01/04 bh TRANSPORTATION/AVIATION COMMITTEE Date COMMITTEE REPORT February 28, 2005 I-405/SR 167 Interchange 5% Design Concurrence Letter (Referred February 14, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to authorize the Mayor to provide a concurrence signature to the Washington State Department of Transportation regarding the I-405/SR 167 Interchange 5% Design. The concurrence concept for the I-405 project was established in the 1-405 Corridor Program Final EIS as a method of formal written determination on key issues by agencies so the I-405 program may proceed to the next phase. The Council, on several I-405 key issues, has provided concurrence since 1999. Concurrence regarding the I-405/SR 167 interchange 5% design allows the Renton Nickel Project to progress without unintentionally constraining future I-405 projects. Marcie P er, Chair Don Persson, Vice -Chair Rdndy Corman, Member cc: Gregg Zimmerman, PB/PW Administrator Sandra Meyer, Transportation Systems Director Nick Afzali. Transportation Systems Planning and Programming Manager Connie Brundage, Transportation Systems Administrative Secretary HATRANSWDMI'MAGENDA 2005 1-405 SR 167 Interchange 5% Committee Report CITY OF RENTON, WASHINGTON ORDINANCE NO. Sl o?S aoos C� J64W//6. Est 4 a AW a. �-aoos AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REVISING THE DEFINITIONS OF "MEDICAL INSITUTIONS" AND "CONVALESCENT CENTERS," AND ADDING A DEFINITION FOR "HOLISTIC HEALTH CENTERS." WHEREAS, the City of Renton includes definitions of different categories of land use within its development regulations; and WHEREAS, the City from time to time refines these definitions to facilitate better review of land use applications; and WHEREAS, the City Council has determined, after consideration of the testimony and evidence before it, that specific definitions require amendment or inclusion in order to provide adequate direction for interpretation of land use regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-11-030 of Chapter 11, Definitions, of Title IV (Development Regulations) is hereby amended by revising the definition of Convalescent Centers, to read as follows: CONVALESCENT CENTERS: Facilities for patients who are recovering health and strength after illness or injury, or receiving long-term care for chronic conditions, disabilities, or terminal illnesses where care includes ongoing medical treatment and extended care facilities. This definition does not include retirement residences, adult family homes, group homes II, medical institutions, and/or secure community transition facilities. 1 ORDINANCE NO. SECTION II. Section 4-11-080, of Chapter 11, Definitions, of Title IV (Development Regulations) is hereby amended by adding a definition for Holistic Health Care Center, to read as follows: HOLISTIC HEALTH CARE CENTER: A combination of activities intended for improvement or maintenance of health including out -patient and/or in -patient care and supporting accessory activities including space for medical practitioners, retail sales, educational classrooms and meeting spaces. SECTION III. Section 4-11-130 of Chapter 11, Definitions, of Title IV (Development Regulations) is hereby amended by revising the definition of Medical Institutions, to read as follows. MEDICAL INSTITUTIONS: Facilities providing physical or mental health services, in- patient accommodations, and medical or surgical care of the sick or injured. This definition includes hospitals, clinics, hospice, and holistic health centers. This definition excludes medical and dental offices, convalescent centers, retirement residences, and group homes II and I. SECTION IV. This Ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk 2 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.I 171:2/25/05:ma Kathy Keolker-Wheeler, Mayor 3 a-ay-aoos CITY OF RENTON, WASHCNGTON ORDINANCE NO. .S/o2 6 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 5-1-2.K TO CHAPTER 1, FEE SCHEDULE, OF TITLE V, (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO ADOPT SERVICE FEES FOR SPECIAL METER READINGS, NEW UTILITY ACCOUNT SETUP, AND UTILITY ACCOUNT TRANSFERS. WHEREAS, the City provides special request water meter readings to title and escrow companies at the close of property sales in Renton, and the City processes new utility billing accounts and transfers accounts; and WHEREAS, the cost of creating new utility billing accounts and transferring accounts should be paid by those requesting the information, and not by all rate payers; and WHEREAS, the City Council has determined that fees assessed in the following amounts are reasonable fees, and these fees are based on the actual cost of providing these special services: Thirty dollars ($30.00) for a special request water meter reading; twenty-five dollars ($25.00) for a utility new account setup; and five dollars ($5.00) for a utility billing account transfer; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION L A new Section, 5-1-2.K, of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: K. Utility Fees: Special Request Water Meter Reading $30.00 1 ORDINANCE NO. Utility New Account Setup $25.00 Utility Billing Account Transfer $5.00 SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication, and the new fees will be charged beginning May 1, 2005. PASSED BY THE CITY COUNCIL this APPROVED BY TBE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1163:2/7/05:ma day of , 2005. Bonnie 1. Walton, City Clerk day of _ , 2005. Kathy Keolker-Wheeler, Mayor a-�� aoos CITY OF RENTON, WASHINGTON ORDINANCE NO. S/ 2`I AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5-1-2.K TO CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO ADOPT SERVICE FEES FOR UTILITY OUTSTANDING BALANCE SEARCHES. WHEREAS, the City provides utility outstanding balances to title and escrow companies at the close of property sales in Renton; and WHEREAS, the cost of providing a water utility outstanding balance search should be paid by those requesting the information, and not by all rate payers; and WHEREAS, the City Council has determined that fees assessed in the following amounts are reasonable fees, and these fees are based on the actual cost of providing these special services: Twenty-five dollars ($25.00) for an internet water utility balance search and fifty dollars ($50.0) for a water utility outstanding balance search requested by fax, messenger or letter; NOW, THEREFORE, THE CITY COUNCIL OF TIC CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Section 5-1-2.K, of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, to read as follows: K. Utility Fees: Special Request Water Meter Reading Utility New Account Setup $30.00 $25.00 1 ORDINANCE NO. Utility Billing Account Transfer $5.00 Internet Water Utility Balance Search $25.00 �k Water Utility Outstanding Balance Search Requested By Fax, Messenger or Letter $50.00 SECTION iL This ordinance shall be effective upon its passage, approval, and 30 days after publication, and the new fees will be charged beginning May 1, 2005. PASSED BY THE CITY COUNCIL this day of , 2005. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1166:2/7/05:ma Bonnie 1. Walton, City Clerk day of , 2005. Kathy Keolker-Wheeler, Mayor 7, � From: Julie Brewer To: Council News Date: 2/24/2005 10:54:43 AM Subject: Fwd: Renton schools Good News FYI - from the Renton School District - Julie >>> "Randy Matheson" <randy.matheson @ renton.wednet.edu> 2/24/2005 9:14:17 AM >>> Below are Renton School District good news announcements read by School Board members at last night's meeting. Please feel free to use these in conversations with your coworkers, friends and constituents. Randy Matheson Executive Director, Community Relations Renton School District 425.204.2345 rmatheson@renton.wednet.edu "GOOD NEWS" ANNOUNCEMENTS February 23, 2005 * Nicole Parris, a senior at Lindbergh High School, has been named a finalist in the National Achievement Scholarship Program, an academic competition providing recognition for outstanding black high school students. Students enter the National Achievement Program by taking the Preliminary SAT/National Merit Scholarship Qualifying Test and meeting other requirements for participation. Nicole was selected based on her test scores and her abilities, skills and accomplishments. She is one of only 800 finalists nationwide. ' ✓ * Lori Dunn, physical ed and health teacher at Hazen High School, has been selected Northwest District High School Teacher of the Year by the Association of the American Alliance of Health, Physical Education, Recreation and Dance (AHPERD). Lori will receive her award next month during the organization's annual convention. She will compete for AAHPERD's National Teacher of the Year honor. * Five students in Lindbergh High School's Future Business Leaders of America program placed at a recent region competition. The students now move on to compete at the state level: Julian Reyes received a 1 st place in visual basics and a 3rd place in job interviewing Winnie Kwan received 1st place in public speaking Mark Henry received 2nd place in business communications Jobren Jucal received 3rd place in marketing * Dimmitt Middle School student Stephanie Hay recently competed for a chance to be named 2005 King County Youth of the Year, a program sponsored by the Boys & Girls Club of America and the Reader's Digest Foundation. The program recognizes teens for their academics, moral character, life goals, and service to family and community. Although not selected, Stephanie was one of only 12 teens countywide interviewed for the honor in a public presentation at Benaroya Hall. * Hazen High School celebrated Black History Month with a culminating event featuring keynote speaker Ron Ward, the first African American to be selected as president of the Washington State Bar Association. The event also featured a celebration luncheon for students who completed training provided by Sheila Houston, a Hazen parent and president of It's Your Choice Leadership Development & Training Institute. Sheila has worked with Hazen for the past three years to develop positive life choices for African American students. * Dimmitt Middle School Principal Kathleen Heaton -Bailey recently testified in front of the state Senate Committee on Early Learning, K-12 & Higher Education, urging full support for Joint Memorial 8011, a resolution from the Washington state Senate to President Bush and the U.S. Congress, asking for full funding and support to implement the No Child Left Behind Act. Kathleen's testimony included Dimmitt's demographics as well as achievements and the progress the school is making toward meeting state and federal goals outlined in the law. Senate Joint Memorial 8011 also asks the federal Department of Education to improve language and regulations in the Act allowing Washington state to be able to comply with its implementation. * Two Lindbergh High School students, Kristi Slattery and Dennis Doan,will perform with professional musicians as part of the Pontiac Bay Symphony Orchestra in two concerts featuring music from film, theater, and television. The first concert, scheduled for Saturday, March 5 at 7:30 p.m. at Kane Hall, on the University of Washington campus, will feature music from James Bond, Mission Impossible, Catch Me If You Can, Peter Gunn and more. A second concert, featuring a tribute to the music in classic and contemporary westerns, is scheduled for Saturday, June 11 at 7:30 p.m. Pontiac Bay Symphony Orchestra is a blend of professional musicians, members of other orchestras, and private music teachers all performing alongside young musicians, ages 12 to 18.