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HomeMy WebLinkAboutRegular Council Agenda Packet - 01 Apr 2013 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING MONDAY, APRIL 1, 2013 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION 3 a. Volunteer Month - April 2013 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 3/25/2013. Council concur. 4 - 17 b. Court Case filed by Milton Christophe v. City of Renton, et al, represented by Timothy M. Greene, Attorney for Plaintiff, regarding alleged false imprisonment, negligence, violation of constitutional rights, and damages resulting from an incident that began on March 28, 2011. Refer to City Attorney and Insurance Services. 18 - 52 c. Community Services Department recommends approval of an interlocal agreement with the Renton School District regarding joint partnership for the Meadow Crest Accessible Playground; and authorization of an additional $300,000 in project funding by fund trasfer for a total adjusted project budget of $1.25 million. Refer to Finance Committee. 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance: Vouchers; Lease Amendment with King County METRO; Job Order Contracting* b. Public Safety Committee: Case Weighting Policies & Procedures*; Animal Regulations Code Amendment* 8. RESOLUTIONS AND ORDINANCES Resolutions: Ordinance for first reading: 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER April 1, 2013 Monday, 5:30 p.m. Regional Issues (briefing); Emerging Issues in Community Services (Healthy Initiatives & King County Parks Levy) (briefing) • Hearing assistance devices for use in the Council Chambers are available upon request to the Ci ty Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: CRT-13-003; Milton Chrishtophe v. City of Renton, et al Meeting: Regular Council - 01 Apr 2013 Exhibits: Summons & Complaint for Damages Submitting Data: Dept/Div/Board: City Clerk Staff Contact: Bonnie Walton, City Clerk, x 6502 Recommended Action: Refer to City Attorney and Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Summons and Complaint for Damages filed by Milton Christophe, represented by Timothy M. Green, Attorney for Plaintiff, regarding alleged false imprisonment, negligence, violation of constitutional rights, and seeking damages resulting from an incident that began on March 28, 2011. STAFF RECOMMENDATION: n/a CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Meadow Crest Playground Interlocal Agreement Meeting: Regular Council - 01 Apr 2013 Exhibits: Issue Paper Interlocal Agreement Resolution Submitting Data: Dept/Div/Board: Community Services Staff Contact: Leslie Betlach, x-6619 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 1,250,000.00 Transfer Amendment: $ Amount Budgeted: $ 750,000.00 Revenue Generated: $550,000.00 Total Project Budget: $ 2,204,836.00 City Share Total Project: $ 700,000.00 SUMMARY OF ACTION: In 2010 the City of Renton and the Renton School District discussed a partnership opportunity to develop a universally accessible playground to be jointly located on portions of District (Hillcrest Early Childhood Learning Center, now Meadow Crest Early Learning Center) and City (North Highlands Park and Neighborhood Center) properties. The agreement to partner was formalized in 2012 with a Memorandum of Understanding which established the parameters of an Interlocal Agreement to include a cost-sharing and use arrangement, identification of the contract administrators, property ownership and control, design and construction obligations, and identifying a temporary construction area. In March 2013, the City and the District agreed to the terms of the draft Interlocal Agreement being presented for consideration. The Playground will be a jointly-shared facility; the term of the agreement is fifteen (15) years with an option to extend. A temporary construction area will be located on City property and restored upon construction completion. Long-term capital costs will be shared equally and maintenance and repair of the playground will be jointly shared with the District reimbursing the City for fifty (50%) of all costs (to be reviewed annually). General public access hours and exclusive school district access hours have been defined. Public parking will be allowed on school district property during the defined general public access hours. The total project cost for the City and the District is $2,204,836.00. The City's share of the total project cost is $1,250,000.00, a portion of which will be funded through private donations. To date, $550,000.00 has been received and/or committed from seven local service organizations, individual contributors, businesses and Renton residents. Fund raising is continuing. The remaining $700,000.00 is proposed to be funded from Fund 303 (Parks Impact Mitigation Fund) which has a current balance of $1,540,000.00. Staff proposes transferring $700,000.00 from this fund to the 316 Fund leaving a 303 Fund balance of $840,000.00. In the event that donations do not materialize, the City may need additional funding from Fund 303. STAFF RECOMMENDATION: Approve agreement and adjust the budget as described. Adopt the resolution. h:\parks\parks planning & natural resources director\parks\inclusive playground\ila\legislative\issue paper on meadow crest playground ila (3).doc COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: March 22, 2013 TO: Randy Corman, Council President Members of the City Council FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director SUBJECT: Meadow Crest Playground Interlocal Agreement ISSUE: Should the Council approve the Interlocal Agreement with the Renton School District for a jointly shared accessible playground? Should the Council authorize the transfer of funds and adjust the budget for construction? RECOMMENDATION: Approve the interlocal agreement with the Renton School District for a jointly shared accessible playground and adopt the Resolution authorizing the Mayor and the City Clerk to execute the interlocal agreement. Authorize an additional $300,000 in project funding from fund 303 and increase donated funding by $200,000, together adding $500,000 to the original project budget of $750,000 for a total adjusted budget of $1.25 million. Original 2011/2012 Budget Additional Funding Total Transfer (Fund 303) $400,000 $300,000 $700,000 Donated Funds $350,000 $200,000 $550,000 TOTAL $750,000 $500,000 $1,250,000 BACKGROUND SUMMARY: The project commenced in 2010 with the Community Services Administrator reaching out to the Renton School District for a partnership opportunity to develop an accessible playground on School District and City properties; the playground would interface with the school district’s Hillcrest Early Childhood Learning Center re-development project (now named Meadow Crest Early Learning Center). The accessible playground would be Randy Corman, Council President Renton City Council Members Page 2 of 4 March 25, 2013 h:\parks\parks planning & natural resources director\parks\inclusive playground\ila\legislative\issue paper on meadow crest playground ila (3).doc a universally accessible, community-wide resource that meets the unique needs of an underserved population. The playground would provide developmentally-based equipment and features to accommodate a broad range of needs and encourage interaction for multiple age groups and varied abilities. Early on the City involved area service organizations, the result of which has been multiple contributions to help fund the playground construction. In March 2012, the City and the Renton School District formalized a Memorandum of Understanding (MOU) that established the parameters of an Interlocal Agreement to include the following:  Cost-sharing and use arrangement to facilitate the design, construction, operation, maintenance and shared use of the Playground  Identification of the contract administrators  Property ownership and control  Design and construction obligations  Temporary construction area The City and the School District commenced work on the Interlocal Agreement in July 2012 and finalized negotiations in March 2013. Also during this timeframe (shortly after executing the MOA), Design Concepts was added as a sub-consultant to the school district’s architectural contract for Design Concepts to assist in the accessible playground public participation process, concept development, bid and construction document preparation, and construction observation. Two Open House Meetings (June 28, 2012 and October 4, 2012) were conducted to develop the preferred plan. In fall 2012 the consultants commenced work on the construction document package and completed the 100% drawings and specifications in March 201 3. The project is scheduled for bid in April with contract award in May. Substantial completion is estimated for October 15, 2013. The total cost for the accessible playground design and construction is $2,204, 836 (City and District). The District’s share of the cost is $954,836 and the City’s share is $1.25 million, a portion of which will be funded through private donations. To date the City has received $157,430 in donations with another $392,570 committed for a total of $550,000 in donated contributions from seven local service organizations and multiple individuals. Fund raising continues to occur. The remaining $700,000 is proposed to be funded from Fund 303. The Parks Impact Mitigation Fund (Fund 303) has a current balance of $1,540,000. Staff propo ses transferring $700,000 from this fund to the 316 Fund leaving a balance of $840,000. In Randy Corman, Council President Renton City Council Members Page 3 of 4 March 25, 2013 h:\parks\parks planning & natural resources director\parks\inclusive playground\ila\legislative\issue paper on meadow crest playground ila (3).doc the event that donations do not materialize, the City may need additional funding from Fund 303. Interlocal Agreement Terms  The Playground will be a jointly shared accessible playground and exist on portions of real property owned individually by Renton and the District, with the Parties granting the other party a right to use the property and the playground equipment that will be installed on that Party’s property.  The term of the agreement is fifteen (15) years. The agreement can be extended.  Contract Administrators and Project Liaisons for each agency have been identified.  The District will be the Lead Agency in the playground construction and will have final authority. Renton will participate as part of the Construction Team in weekly meetings.  All change orders that involve substitutions or that draw from the contingency will be reviewed by Renton.  Any deviations from the plans that result from a material change or increase Renton’s and the District’s Maximum Contribution shall first be approved by Renton. If the cost exceeds either Party’s established Maximum Contribution , that Party may bring additional funds to the Playground.  A temporary construction area will be located on City property and restored upon construction completion.  The total project cost is $2,204,836. Renton’s maximum financial contribution is $1.25 million. The District’s maximum financial contribution is $954,836.  The City will be invoiced monthly for its share of the cost which will be payable in thirty (30) days.  Long-term capital costs will be shared equally.  During regular school days and hours (Monday through Thursday) Meadow Crest students will have exclusive access 9:30 AM-4:30 PM.  The public will have access on Fridays, Saturdays Sundays, state or federal holidays, scheduled school breaks, summer break and at the end of the school day if there are daylight hours. Public parking will be allowed on District property during these times.  Locking and unlocking of the gates and restroom facility will be shared.  Maintenance and repair of the Playground will be jointly shared. The District will reimburse Renton for fifty percent (50%) of all costs. A Joint Annual Maintenance Budget will be developed to re-evaluate the 50% cost sharing. Randy Corman, Council President Renton City Council Members Page 4 of 4 March 25, 2013 h:\parks\parks planning & natural resources director\parks\inclusive playground\ila\legislative\issue paper on meadow crest playground ila (3).doc  Each party will obtain and/or continue to maintain insurance. Each party agrees to indemnify, hold harmless and defend the other party, its officials, officers, employees, agents, and volunteers from any and all claims, third-party claims, demands, losses, actions, violations and liabilities, etc.  Provisions for termination, penalties for early termination, dispute resolution, amendment and modification and assignment are included. City Funding Summary The total cost for the accessible playground design and construction is $2,204, 836 (City and District). The City’s share of the cost is $1,250,000 a portion of which will be funded through private donations ($550,000) leaving a balance of $700,000 to be funded from the City’s Parks Impact Mitigation Fund (Fund 303). CONCLUSION: The Meadow Crest Playground will be the first of its kind in this area and serve people of all ages and abilities. The shared-use facility is also a first – not only for the City and the Renton School District - but also for cities and school districts across the state. The accessible playground facility and the terms of the Interlocal Agreement will be used as a model for other agencies. Public support from service organizations, individual contributors, businesses and Renton residents helped to make this project a reality. The Interlocal Agreement will be considered for approval by the Renton School Board on March 27, 2013.