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HomeMy WebLinkAboutRegular Council Agenda Packet - 13 May 2013 - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING May 13, 2013 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATION a. Missing Children's Day - May 25, 2013 4.PUBLIC HEARING a. Kent, Renton, and Issaquah School District Impact Fees 5.ADMINISTRATIVE REPORT 6.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. NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of 5/6/2013 Council meeting minutes. Council concur. b. Community Services Department recommends approval of an amendment to CAG-08-015, with Fire Protection District #40, in the amount of $4,500 for project management services for the demolition of their Fire Station 42. Council concur. (See 9.a. for resolution.) c. Public Works Department requests authorization to convert a Surface Water Maintenance Worker III position to a Lead Maintenance Worker position; and authorization to fill the new position at Step D of the Grade a16 salary scale. Refer to Finance Committee. d. Utility Systems Division recommends approval of a contract with Coast & Harbor Engineering in the amount of $992,599.52 for the final engineering design of the Cedar River Gravel Removal project. Council concur. Page 1 of 149 8.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. Community Services Committee: Shepherd Appointment to Municipal Arts Commission; Park Rules & Regulations Code Amendment* b. Finance Committee: School District Impact Fees*; LED Street Light Conversion Project Financing Bond*; Lease Amendment with Iron Mountain c. Transportation (Aviation) Committee: Amendment to LED Street Light Conversion Contract 9.RESOLUTIONS AND ORDINANCES Resolutions: a. Amendment to interlocal agreement with Fire District 40 for Fire Station 42 demolition project management (See 7.b.) b. Authorizing imposition of school district impact fees (See 8.b.) Ordinances for first reading: a. Park Rules & Regulations code amendment (See 8.a.) b. School district impact fees code amendment and capital facilities plans adoption (See 8.b.) c. School district impact fee waiver code amendment (See 8.b.) d. LED street light conversion project financing LTGO bond issuance (See 8.b.) Ordinance for second and final reading: a. Entertainment device license fee code amendment (1st reading 5/6/2013) 10.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER May 13, 2013; Monday, 6 p.m. Legislative Update (briefing) • 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 RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 149 3a. - Missing Children's Day - May 25, 2013 Page 3 of 149 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Agreement with King County Fire Protection District #40 Meeting: Regular Council - 13 May 2013 Exhibits: Agreement Resolution Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, Facilities Director, Ext. 6605 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$4,500.00 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City of Renton and King County Fire Protection District #40 (FD 40) have an Interlocal Agreement, CAG-08-015, whereby the City provides Fire and Emergency Services to FD 40. By separate Memorandum of Understanding agreement (CAG-12-043) the City's Facilities Department agreed to provide project management services for the renovation of Fire Station 17, which is owned by FD 40. This work is near completion. FD 40 also wished to contract the City for project management services for the demolition of their former district headquarters station (FS 42), which was not covered by CAG-08-015 or CAG-12-043. The attached Agreement provides FD 40 a means to authorize payment to the City for this work. The fee is 5% of the total project cost, which is a standard fee for such work. The Agreement terminates when the project is complete and payment is made. STAFF RECOMMENDATION: Approve the Addendum regarding demolition and adopt the Resolution 7b. - Community Services Department recommends approval of an amendment Page 4 of 149 7b. - Community Services Department recommends approval of an amendment Page 5 of 149 7b. - Community Services Department recommends approval of an amendment Page 6 of 149 7b. - Community Services Department recommends approval of an amendment Page 7 of 149 7b. - Community Services Department recommends approval of an amendment Page 8 of 149 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Convert Surface Water Maintenance Maintenance Worker III Position to Lead Maintenance Worker Position and Hire at Grade a16, Step D Meeting: Regular Council - 13 May 2013 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Public Works Staff Contact: Mike Stenhouse (ext. 2260); Rich Marshall (ext. 2290) Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $4,350 (Fund 407.019) Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ $4,350 (Fund 407.019) SUMMARY OF ACTION: The Surface Water Maintenance Section is fully staffed and consists of Maintenance Workers IIs and IIIs (grade a08 and a12 respectively) and one Lead Maintenance Worker (grade a16). However, due to the impact of taking on the maintenance of additional stormwater facilities from HOAs and those assumed as a result of annexations after the 2008 Benson/Cascade annexation, as well as meeting NPDES Permit mandates, the Surface Water Maintenance Section requires additional leadership and authority in the field and would greatly benefit from a minor re-organization that will convert a Maintenance Worker III position to a Lead Maintenance Worker position. Establishing this position at grade a16, Step D will satisfy the promotional pay provision called for by the AFSCME Union Local 2170 contract. Since the Section has Maintenance Worker IIIs who are qualified and interested in applying for this new Lead position, the position will only be offered to current Surface Water Maintenance staff. This minor re- organization will not change the employee count in the Section. The budget impact of promoting a MW III (grade a12 Step E $59,124) to a Lead Maintenance Worker (grade a16 Step D $62,148) will be of $4,350 (salary and benefits) in 2013. STAFF RECOMMENDATION: Authorize a minor re-organization of the Public Works Surface Water Maintenance Section that will convert a current Maintenance Worker III position to a Lead Maintenance Worker position and hire at grade a16, Step D to satisfy the promotional pay provision called for by the AFSCME Union Local 2170 contract. 7c. - Public Works Department requests authorization to convert a Surface Water Page 9 of 149 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:April 25, 2013 TO:Randy Corman, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Public Works Administrator STAFF CONTACT:Mike Stenhouse, Maintenance Services Director (ext. 2260) Rich Marshall, Maintenance Services Manager (ext. 2290) SUBJECT:Minor Re-organization of the Surface Water Maintenance Section to Convert a Current Maintenance Worker III Position to a Lead Maintenance Worker Position and Hire at Grade a16, Step D ISSUE: Should Council authorize a minor re-organization of the Public Works Surface Water Maintenance Section that will convert a current Maintenance Worker III position to a Lead Maintenance Worker position and hire this person at grade a16, Step D to satisfy the promotional pay provision called for by the AFSCME Union Local 2170 contract? RECOMMENDATION: Authorize a minor re-organization of the Public Works Surface Water Maintenance Section that will convert a Maintenance Worker III position to a Lead Maintenance Worker position and hire this person at grade a16, Step D to satisfy the promotional pay provision called for by the AFSCME Union Local 2170 contract. BACKGROUND SUMMARY: On October 18, 2010 Council approved a new program to assume maintenance and operation of all stormwater facilities located in plats that manage runoff from public streets. This program, which includes budget for hiring staff and purchasing equipment, was implemented as part of the 2012 budget adjustment process and is to be phased in over the next few years. The Surface Water Utility is currently working with the Home Owners 7c. - Public Works Department requests authorization to convert a Surface Water Page 10 of 149 Randy Corman, Council President Members of the Renton City Council Page 2 of 2 April 25, 2013 Associations (HOAs) to bring these facilities up to city maintenance standards so that the facilities can be transferred to the city. The first facilities were transferred in 2012. The Surface Water Maintenance Section is fully staffed and consists of Maintenance Workers IIs and IIIs (grade a08 and a12 respectively), and one Lead Maintenance Worker (grade a16) who provides authority, supervision and direction in the field. However, due to the impact of taking on the maintenance of additional stormwater facilities from the HOAs and those assumed as a result of annexations after the 2008 Benson/Cascade annexation, as well as meeting NPDES Permit mandates, the Surface Water Maintenance Section requires additional leadership and authority in the field and would greatly benefit from a minor re- organization that will promote a Maintenance Worker III position to a Lead Maintenance Worker position. Establishing this position at grade a16, Step D will satisfy the promotional pay provision called for by the AFSCME Union Local 2170 contract. Since the Section has Maintenance Worker IIIs who are qualified and interested in applying for this new Lead position, the position will only be offered to current Surface Water Maintenance staff. The budget impact of promoting a Maintenance Worker III (grade a12 Step E $59,124) to a Lead Maintenance Worker (grade a16 Step D $62,148) will consist of $4,350 (salary and benefits) in 2013. This minor re-organization will not change the employee count in this section. CONCLUSION: Authorization of a minor re-organization of the Public Works Surface Water Maintenance Section that will convert a current Maintenance Worker III position to a Lead Maintenance Worker position will provide the needed leadership and authority in the field resulting in increased capacity to meet the recently expanded workload of maintaining stormwater facilities taken over from existing HOAs and those assumed through annexations after the 2008 Benson/Cascade annexation, and continue to allow the Section to meet the NPDES Permit maintenance mandates. Hiring this person at grade a16, Step D will satisfy the promotional pay provision called for by the AFSCME Union Local 2170 contract. cc:Iwen Wang, Administrative Services Administrator Nancy Carlson, Human Resources/Risk Management Administrator Mike Stenhouse, Maintenance Services Director Lys Hornsby, Utility Systems Director Rich Marshall, Maintenance Services Manager Cathryn Laird, Human Resources Manager Ron Straka, Surface Water Engineering Supervisor JoAnn Wykpisz, Principal Financial & Administrative Analyst 7c. - Public Works Department requests authorization to convert a Surface Water Page 11 of 149 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Cedar River Gravel Removal Project Engineering Consultant Agreement with Coast & Harbor Engineering Meeting: Regular Council - 13 May 2013 Exhibits: Issue Paper Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ron Straka, x7248, Steve Lee, x7205 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $992,599.52 Transfer Amendment: $NA Amount Budgeted: $ $1,267,245.00 Revenue Generated: $NA Total Project Budget: $ $1,267,245.00 City Share Total Project: $ NA SUMMARY OF ACTION: The purpose of the Cedar River Gravel Removal Project is to perform maintenance dredging of up to 150,000 cubic yards of gravel from the mouth of the Cedar River to the Williams Street Bridge in order to reduce flood risks to private, public, and commercial properties. This project includes removing river sediments settled in the channel approximately 4 feet deep, repairing unstable banks developed since the last dredging, replanting, exporting sediments offsite, and removing invasive vegetation in areas adjacent to the levee and floodwall. The project will also include a mitigation element to be determined during the permitting process. Work to be completed under this engineering consultant agreement with Coast and Harbor Engineering (CHE), in the amount of $992,599.52, will include data collection, survey and base map preparation, permitting support, final design, preparation of a technical reports, public outreach support, construction plans and specifications, services during bidding and project management. The funding for the Cedar River Gravel Removal Project is being provided by our agreement (CAG 13-009) with the King County Flood Control District (KCFCD). The Cedar River Gravel Removal Project will be funded by KCFCD’s Capital Improvement Project budget ($5,313,000) for the project which includes the City’s KCFCD Opportunity fund ($150,000). The approved 2013 CIP budget for the project is $1,267,245. The remaining project budget is for City project management and construction costs. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with CHE for the final engineering design of the Cedar River Gravel Removal Project, in the amount of $992,599.52. 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 12 of 149 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:May 6, 2013 TO:Randy Corman, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT:Ron Straka, Surface Water Utility Supervisor, x7248 Steve Lee, Surface Water Utility Engineer, x7205 SUBJECT:Cedar River Gravel Removal Project Engineering Consultant Agreement with Coast & Harbor Engineering ISSUE: Should Council approve an Engineering Consultant Agreement with Coast and Harbor Engineering (CHE) in the amount of $992,599.52 to implement the Cedar River Gravel Removal Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consulting Agreement with Coast Harbor Engineering for the planning, permitting and design of the Cedar River Gravel Removal Project, in the amount of $992,599.52. BACKGROUND: The purpose of the Cedar River Gravel Removal Project is to perform maintenance dredging of up to 150,000 cubic yards of gravel from the mouth of the Cedar River (river mile 0) to the Williams Street Bridge (river mile 1.25) in order to reduce flood risks to private, public and commercial properties in the lower Cedar River. This project includes removing river sediments settled in the channel approximately 4 feet deep, repairing unstable banks developed since the last dredging, replanting near the ordinary high water line for disturbed areas, exporting sediments offsite, and removing invasive vegetation in areas adjacent to the levee and floodwall. The project will also include a mitigation element to be determined during the permitting process. This project is part of the City’s maintenance obligations to maintain the flood protection benefits as required by the Project Cooperation Agreement for the United States Army Corp of Engineers (USACE) Cedar River Section 205 Flood Hazard Reduction Project (205 Project). The 205 Project is a federally authorized project originally designed, permitted and constructed by the USACE Seattle District with the City of Renton as the local project sponsor 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 13 of 149 Mr. Corman, Council President May 6, 2013 Page 2 of 3 /STLah that included initial dredging of the lower 1.25 miles of the Cedar River, construction of levees and floodwalls and mitigation. The initial dredging was completed in 1998 and the levees and floodwall construction were completed in 2000. Due to the annual sediment accumulation in the 205 Project reach, the lower Cedar River is approaching the maximum allowable bed elevation that represents the highest allowable river bed elevation prior to dredging as indicated in the 205 Project Operations and Maintenance Manual. Compliance with the O&M Manual is part of the terms and conditions of the executed Project Cooperation Agreement (PCA) dated May 9, 1998, between t USACE and the City. The maintenance dredging is needed to maintain the flood protection benefits of the 205 Project and remain eligible for federal funding to repair damages to the levees and floodwall from a federally declared disaster. The consultant agreement with the CHE team to implement the Cedar River Gravel Removal Project will include: review of existing data; gathering new data; providing preliminary analyses for geotechnical, natural resources, sediments, bank stabilization, constructability, alternative and conceptual design; development of construction plans and specifications including 30%, 65% and 95% designs; assistance during bidding; and providing environmental review and permitting [National Environmental Policy Act (NEPA) /State Environmental Policy Act (SEPA)], shoreline, clearing and grading, Joint Aquatic Resources Permit Application (JARPA), Endangered Species Act (ESA) consultation, construction NPDES, 401 clean water compliance and 106 cultural resources approvals. Deliverable reports to be provided by the consultant include: the field reconnaissance findings technical memorandum; critical areas summary report; hydraulic engineering summary report; basis of design technical memorandum; survey; habitat assessment plan and report; conceptual design report; permit plan technical memorandum; graphics for meetings; structural engineering report on structures; construction Stormwater Pollution Protection Plan (SWPPP); qualitative geotechnical report; tier 1 dredged material management office report; construction plans; stormwater TIR drainage plan; meeting notes; graphics for meetings; conceptual mitigation plan; 106 cultural resources assessment report; vegetation/cutting plan; Corps 404 permit and alternatives analysis; JARPA submittal for the State Hydraulic Permit Approval; Biological Assessment report; re-vegetation plan; SEPA/NEPA EA document; Corps pre-application memorandum; construction mylars; and assistance during bidding. This consultant agreement will provide the necessary engineering, planning, outreach, and environmental permitting assistance necessary to implement the maintenance dredging project. The CHE team was selected by a panel consisting of a representative from the King County Flood Control District and City personnel with technical experiences in permitting, engineering, river processes and natural environments through an advertised request for proposal, statement of qualifications and interviewing process. The CHE team also has knowledge and experience working within the City on other projects as well as having successfully completed numerous other projects with similar scope. 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 14 of 149 Mr. Corman, Council President May 6, 2013 Page 3 of 3 /STLah Expected challenges for this project include: obtaining numerous local, state and federal permits with permitting of the maintenance dredging requiring consideration of mitigation of impacts to endangered species not originally mitigated for within the original 205 Project Environmental Impact Statement; constructing within short fisheries allowable timelines; and working in close proximity to commercial, residential, airport and park properties. The project engineering consultant contract budget is $992,599.52 which is funded by the King County Flood Control District budget ($5,313,360). The KCFCD budget includes $150,000 from the City’s share of the KFCDC Opportunity Fund. The approved 2013 Surface Water Utility Capital Improvement Plan budget for the Cedar River Gravel Removal Project (427.475185) is $1,267,245. The remaining project budget is for City project management and construction. The terms of the recently signed agreement (CAG 13-009) between King County and the City of Renton is to provide funding for project management, design, engineering, permitting, planning, public outreach, mitigation and construction for this project. CONCLUSION: The Cedar River Gravel Removal Project will maintain flood protection benefits to private, pubic and commercial properties in the lower Cedar River. The Surface Water Utility recommends the City Council authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with Coast and Harbor Engineering in the amount of $992,599.52 for the design, permitting and preparation of construction plans and specifications for the Cedar River Gravel Removal Project. Attachment cc:Lys Hornsby, Utility Systems Director File 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 15 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 16 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 17 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 18 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 19 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 20 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 21 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 22 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 23 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 24 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 25 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 26 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 27 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 28 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 29 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 30 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 31 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 32 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 33 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 34 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 35 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 36 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 37 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 38 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 39 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 40 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 41 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 42 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 43 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 44 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 45 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 46 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 47 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 48 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 49 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 50 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 51 of 149 7d. - Utility Systems Division recommends approval of a contract with Coast & Page 52 of 149 9a. - Amendment to interlocal agreement with Fire District 40 for Fire Station 42 Page 53 of 149 9a. - Amendment to interlocal agreement with Fire District 40 for Fire Station 42 Page 54 of 149 9b. - Authorizing imposition of school district impact fees (See 8.b.)Page 55 of 149 9b. - Authorizing imposition of school district impact fees (See 8.b.)Page 56 of 149 9b. - Authorizing imposition of school district impact fees (See 8.b.)Page 57 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 58 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 59 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 60 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 61 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 62 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 63 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 64 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 65 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 66 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 67 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 68 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 69 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 70 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 71 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 72 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 73 of 149 9a. - Park Rules & Regulations code amendment (See 8.a.)Page 74 of 149 9b. - School district impact fees code amendment and capital facilities plans Page 75 of 149 9b. - School district impact fees code amendment and capital facilities plans Page 76 of 149 9b. - School district impact fees code amendment and capital facilities plans Page 77 of 149 9b. - School district impact fees code amendment and capital facilities plans Page 78 of 149 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-160, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE, ADDING A NEW SUBSECTION 4-1-160.E.4, REGARDING SCHOOL IMPACT FEES WAIVER, PAYMENT UNDER PROTEST, AND APPEALS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-160.E, Assessment of School Impact Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended to add a new subsection 4, to read as follows: a. Waiver: If any applicant, owner, or developer fails to identify any error, miscalculation, misclassification of the type of dwelling unit, or erroneous assessment at the time that the school impact fee is assessed, any claim other than for a refund of school impact fees and related interest earned on the same school impact fees, shall be permanently waived. Strict compliance is required under this subsection. b. Payment under Protest: If an applicant, owner, or developer identifies an error, miscalculation, misclassification of the type of dwelling unit, or erroneous assessment at the time that the school impact fee is assessed, that applicant, owner, or developer may pay the school impact fee under protest in order to obtain a permit or other related approval of development activity. 9c. - School district impact fee waiver code amendment (See 8.b.)Page 79 of 149 ORDINANCE NO. ________ 2 Payment under protest automatically results in the scheduling of an administrative hearing, unless withdrawn by the applicant, owner, or developer. c. Appeal after Payment under Protest: Based on principles of fairness and due process, if an applicant, owner, or developer identifies an error, miscalculation, misclassification of the type of dwelling unit, or erroneous assessment at the time that the school impact fee is assessed, that applicant, owner, or developer may have an administrative hearing before the Administrator, within fourteen (14) calendar days of the date that payment was made under protest. The standard of proof shall be by a preponderance of the evidence. If the applicant, owner, or developer wants to appeal the Administrator’s oral or written decision, the applicant, owner, or developer may request an appeal by filing that request with the Renton City Clerk, within seven (7) calendar days of the Administrator’s decision. The appeal shall be based solely on the record, before the Hearing Examiner using the clearly erroneous standard of review. There are no additional appeals. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2013. Bonnie I. Walton, City Clerk 9c. - School district impact fee waiver code amendment (See 8.b.)Page 80 of 149 ORDINANCE NO. ________ 3 APPROVED BY THE MAYOR this _______ day of _____________________, 2013. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1786:3/14/13:scr 9c. - School district impact fee waiver code amendment (See 8.b.)Page 81 of 149 9d. - LED street light conversion project financing LTGO bond issuance (See 8.b.) Page 82 of 149 9d. - LED street light conversion project financing LTGO bond issuance (See 8.b.) Page 83 of 149 9d. - LED street light conversion project financing LTGO bond issuance (See 8.b.) Page 84 of 149 9d. - LED street light conversion project financing LTGO bond issuance (See 8.b.) 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