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Home My WebLink AboutFinal Agenda Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, September 17, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Childhood Cancer Awareness Month - September 2018 4. SPECIAL PRESENTATION a) State of the County - King County Councilmember Reagan Dunn 5. PUBLIC HEARING (DELIBERATIONS ONLY) a) Proposed Parker Annexation (A-13-001) - 60% Petition Written comments will be received until the hearing closes at 5:00 p.m. on 9/17/2018 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. 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. 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 September 10, 2018. Council Concur b) AB - 2214 Transportation Systems Division recommends approval of a Local Agency Agreement with the Washington State Department of Transportation, in order to accept grant funds in the amount of $1,020,700 for the Renton Ave S Preservation project. City's share is $854,690 which establishes a project budget of $1,875,390. Refer to Transportation (Aviation) Committee 9. 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: Communities in Schools of Renton Contract b) Transportation Committee: Duvall Ave. NE Project - Water Quality Combined Financial Assistance Agreement, Renton Hangar Lease Addendum (LAG-99-002), Operating Permit and Agreement with Seaplane Scenics, TIP #29: Houser Way N. Widening and Realignment c) Utilities Committee: Water Service to Ron Regis Park - Interlocal Agreement* 10. LEGISLATION Resolutions: a) Resolution No. 4355: Cedar River Water & Sewer District - Water Service for Ron Regis Park (See Item 8.c) Ordinance for second and final reading: b) Ordinance No. 5887: Text Amendment Exceptions (First Reading 9/10/2018) 11. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 12. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Council Chambers 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 To view Council Meetings online, please visit rentonwa.gov/councilmeetings DenisLawMayor‘Wñereas,eachyearintheUnitedStatesmorethan15,000childrenfrombirthto19yearsoldarediagnosedwithcancer,equaltoabout42childhoodcancerdiagnoseseachday;andWfiereas,eachyearworldwide,therearemorethan300,000newchildhoodcancerdiagnoses,whichmeansabouteverythreeminutes,afamilywillhearthewords“yourchildhascancer”;andWhereas,althoughthefive-yearsurvivalrateforchildhoodcancershasreached80percent,nearly2,000Americanchildrenundertheageofnineteenstilldieeachyearfromcancer,makingittheleadingkillerofchildrenbydisease;andWhereas,thosethatdosurvivewilloftenfaceatleastonechronichealthconditionlateroninlifeincluding,butnotlimitedtoheart,liver,orlungdamage,infertility,secondarycancers,andgrowthdeficits;andWñereas,thecausesofchildhoodcancerarelargelyunknownandmorestudiesareneededtounderstandwhichtreatmentsworkbestforchildrenastheyoftenmustdifferfromtraditionaladulttreatmentstotakeintoaccountchildren’sdevelopmentalneedsandotherfactors;andWfiereas,hundredsofchildrenarebeingtreatedforcancerinWashingtonState;andWfiereas,Washingtonisacaringstateandcommunitythatsupportschildrenandfamilies;Wow,tñerefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimSeptember2018tobeCñiCdiIooéCanceriwarenessWlontfiintheCityofRenton,andIencourageallcitizenstojoinmeinthisspecialobservance,Inwitnesswñereo,fIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis17thdayofSeptember,2018.ProctamationDenisLaw,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) 60% Direct Petition to Annex Public Hearing September 10, 2018 Proposed Annexation: Parker AGENDA ITEM #5. a) Annexation Process Annexation Effective 30 Days After Publication of 2nd Reading City Council Adopts Ordinance Boundary Review Board Approval Boundary Review Board 45 Day Review Notice of Intent to Boundary Review Board Council Holds Public Hearing Petition Certified by King County Petitioner Submits 60% Petition Council Authorizes 60% Petition Circulation Council Meets with Petitioner Petitioner Submits 10% Petition AGENDA ITEM #5. a) •State law requires a public hearing with proponents to accept or reject the annexation •If accept, can accept all or a portion of the area petitioned for annexation Purpose AGENDA ITEM #5. a) Location AGENDA ITEM #5. a) •Location: At the eastern portion of City limits; in the East Plateau Community Planning Area •Size: 20.5 acres •Uses: Single-family and vacant •Boundaries: •North –SE 120th St •East –Parcel line, near 156th Ave SE •South –SE 124th St/NE 6th St •West –Parcel line, near 155th Ave SE Background AGENDA ITEM #5. a) AGENDA ITEM #5. a) Existing Conditions AGENDA ITEM #5. a) Topography AGENDA ITEM #5. a) Streams & Wetlands •Streams: Approximately 565 feet of unnamed stream •Type Ns stream •Does not contain fish, seasonal flow •Wetlands: •In tract abutting to the west AGENDA ITEM #5. a) •Fire •Renton Fire Authority •(No change) •Utilities •Water District #90 •(No change) •Renton Sewer Utility •(No change) •Schools •Issaquah School District •(No change) Public Services AGENDA ITEM #5. a) •Urban Residential Medium •4 –12 Dwelling Units per Acre •R-4 zone County Land Use Designation & Zoning AGENDA ITEM #5. a) •Residential Low Density •Allows RC, R-1, or R-4 zoning •Pre-zoned R-4 •Ordinance 5254 •Zoning will become effective if annexed Renton Land Use Designation & Zoning AGENDA ITEM #5. a) City Annexation Policies AGENDA ITEM #5. a) •Goal L-E: Promote annexation where and when it is in Renton’s best interest •Policy L-8: Support annexation where infrastructure and services allow for urban densities and it would consolidate service providers and/or facilitate the efficient delivery of services •Policy L-9: Consider fiscal impacts for each proposed annexation Comprehensive Plan AGENDA ITEM #5. a) Boundary Review Board Objectives AGENDA ITEM #5. a) •Uses physical boundaries, including but not limited to bodies of water, highways, and land contours •Boundary uses parcel lines •Prevent abnormally irregular boundaries •The boundary is regular •Create and/or preserve logical service areas •Service areas agreed to previously, are unchanged •Annexation is of an unincorporated area to a city that is urban in character •Renton is an urban city Relevant BRB Objectives AGENDA ITEM #5. a) Fiscal Analysis AGENDA ITEM #5. a) •Current Conditions: •44 dwellings •Estimated 123 residents •Future Conditions: •Estimated 21 additional dwellings •Estimated 59 additional residents •Costs increase 3.3% annually •Revenue increase 2.5% annually •Limited to sales tax, utility tax, and franchise fee Assumptions AGENDA ITEM #5. a) Fiscal Analysis Operating Fund Existing Year 10 Revenues $60,123 $98,503 Costs $58,991 $94,900 Capital and Enterprise Funds Revenues $6,082 $31,220 Costs $3,681 $25,973 AGENDA ITEM #5. a) •City staff representing City functions reviewed the proposed annexation •All departments indicated that the proposed annexation represents a logical extension of their services Comments AGENDA ITEM #5. a) •The best interests and general welfare of the City are served by this annexation •Represents a logical extension of City services •Consistent with City annexation policies •Consistent with Boundary Review Board criteria Conclusion AGENDA ITEM #5. a) Recommendation •The Administration recommends that Council: •Accept the 60% Direct Petition to Annex •Authorize the Administration to forward the Notice of Intent to the Boundary Review Board AGENDA ITEM #5. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES MINUTES City Council Regular Meeting 7:00 PM - Monday, September 10, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President Ryan McIrvin Ruth Pérez Armondo Pavone Don Persson Carol Ann Witschi Councilmembers Absent: Randy Corman MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Robert Harrison, Chief Administrative Officer Leslie Clark, Senior Assistant City Attorney Megan Gregor, Deputy City Clerk Kelly Beymer, Community Services Administrator Gregg Zimmerman, Public Works Administrator Jennifer Henning, Planning Director Angie Mathias, Long Range Planning Manager Commander Dan Figaro, Police Department PROCLAMATIONS a) Mayor's Day of Concern for the Hungry: A proclamation by Mayor Law was read declaring September 15, 2018 to be Mayor's Day of Concern for the Hungry in the City of Renton, strongly urging all citizens to join the Emergency Feeding Program and the Salvation Army Renton Rotary Food Bank in their efforts to nourish those who are hungry. Belinda Dunbar from the Emergency Feeding Program accepted the proclamation with thanks. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES b) National Recovery Month: A proclamation by Mayor Law was read declaring the month of September 2018 to be National Recovery Month, encouraging all citizens to observe this month with appropriate programs, activities and ceremonies to support this year's Recovery Month theme "Join the Voices for Recovery: Invest in Health, Home, Purpose and Community." King County Department of Behavioral Health and Recovery Care Coordination and Recovery Section Manager Dan Floyd, accepted the proclamation with appreciation and thanked Council for their support. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. c) Women on the Rise - A proclamation by Mayor Law was read declaring September 2018 to be Women on the Rise Month, encouraging all citizens to join in this special observance. MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING a) Parker Annexation (A-13-001) - 60% Petition: This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public hearing to consider the 60% Notice of Intent to Commence Annexation Proceedings petition for the proposed Parker Annexation; 20.5 acres bounded on the north by SE 120th St., on the east by the parcel line near 156th Ave. SE, on the south by SE 124th St./NE 6th St., and on the west at approximately 155th Ave. SE. Long Range Planner Manager Angie Mathias reported that the annexation site is in the East Plateau planning area within the City's potential annexation area, abutting the Urban Growth Boundary to the north and east, and contains single-family lots and vacant land. She remarked that the area does have an unnamed stream of approximately 565 feet that is classified as a type N-S stream which means that it does not contain fish and it only has a seasonal flow. Additionally, there is a wetland that is set aside in a tract that abuts the annexation area. Ms. Mathias stated that public services, which would not change with annexation, are currently provided by Fire District #25, Water District #90, Renton sewer service, and the Issaquah School District. She stated that existing King County zoning is R-4 (four dwelling units per gross acre), and that the City's Comprehensive Plan designates the site as Residential Low Density. She added that the area was pre-zoned as R-4 (four dwelling units per net acre) which becomes effective if the annexation becomes effective. Ms. Mathias reported that currently there are 44 dwelling units in the area, and there would be $60,123 in revenues and $58,991 in costs annually to the City's Operating Fund if annexed, which would change to $98,503 in revenues and $94,900 in costs if the projected 21 additional dwelling units are built over the next ten years. Additionally, Ms. Mathias reported that there would be $6,082 in revenues and $3,681 in costs to the City's Capital and Enterprise Funds, which would change to $31,220 in revenues and $25,973 in costs if the projected build-out occurs over the ten-year period. Concluding, Ms. Mathias stated that the proposed annexation is generally consistent with City annexation policies and Boundary Review Board objectives, and the City's best interests and general welfare would be served by this annexation. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES Public comment was invited. The following individuals spoke in support of the proposed Annexation:  Adria Krail, Petitioner The following individuals expressed concern or spoke in opposition of the proposed Annexation:  Heather Sadar, King County  Shamaron Austin, King County  Rick Dickon, King County  Ginger Dixon, King County  Evelyn Parker, King County  Kevin Strunk, King County  Ruther D. Stewart, King County  Dolores Shines, King County  Andrew Campbell, King County  Gerry Dones, King County  Andrey Kozak, King County Prior to the Public Hearing the following individuals provided written correspondence to the City Clerk's office conveying opposition to the annexation:  John Crawford, King County  Angela Weber, King County  Dawn Robinson, King County  Chuck Hampton, King County Following discussion, it was MOVED BY MCIRVIN, SECONDED BY WITSCHI, CONTINUE THE PUBLIC HEARING FOR THE PURPOSE OF RECEIVING ADDITIONAL WRITTEN TESTIMONY UNTIL 5:00 P.M. ON 9/17/2018, AT WHICH TIME THE PUBLIC HEARING WILL CLOSE. CARRIED. ADMINISTRATIVE REPORT Chief Administrative Officer Robert Harrison reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2018 and beyond. Items noted were:  The Solid Waste Utility will hold its annual Fall Recycling Day on Saturday, September 15th at Renton Technical College from 9:00 a.m. to 3:00 p.m. This one-day event gives residents an opportunity to recycle materials at one convenient place.  The third annual Renton Multicultural Festival will take place on September 14th and 15th. Admission to this event is free. The festival opens on Friday, September 14th from 6:00 to 9:00 p.m. at Carco Theatre. On Saturday, September 15th, the festival moves downtown to the Renton Pavilion Event Center and Piazza Park from 11:00 a.m. to 3:00 p.m. Two indoor stages will showcase music and dances from all over the world.  Preventative street maintenance will continue to impact traffic and result in occasional street closures. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES AUDIENCE COMMENTS  Jean Rollins, Renton, from the "Save De Leo Wall" campaign, provided Council with an update on the efforts of local residents, via the non-profit group Forterra, to appeal the Department of Natural Resources decision to issue a logging permit to clear cut an area in Newcastle that could have negative impacts on the May Creek Basin. She noted that Forterra began negotiating with the owner of the land to reach a purchase agreement so as to prevent the proposed clear cutting. She concluded by letting know that the "Save De Leo Wall Campaign" will continue to keep the City and residents informed as the situation progresses.  Howard McOmber, Renton, thanked Council, City staff, and local residents for 'giving back' to the community and invited everyone to the REACH Gala on October 18, 2018. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. At the request of Councilmember Pavone, item 7.f. was pulled for separate consideration. a) Approval of Council Meeting minutes of August 20, 2018. Council Concur. b) AB - 2212 Community & Economic Development Department recommended setting a public hearing date on October 1, 2018 in order to accept public comment and consider proposed funding allocations and use of 2019 Community Development Block Grant (CDBG) funds for human services and economic development activities. Refer to Committee of the Whole; Set Public Hearing on 10/01/2018. c) AB - 2209 Community Services Department recommended approval of an agreement with King County, in order to accept $87,500 in grant funds, for the purpose of completing two projects at the Senior Activity Center and to conduct a needs assessment survey to better understand what the seniors in the greater Renton community desire from the Senior Activity Center. Refer to Finance Committee. d) AB - 2210 Community Services Department recommended approval of an interlocal agreement with the Cedar River Water & Sewer District (CRWSD), in the amount $88,061, in order for CRWSD to provide water service to Ron Regis Park. Refer to Utilities Committee. e) AB - 2205 Executive Department recommended approval of an agreement between the City of Renton, The Renton School District, and Communities in Schools of Renton (CISR), in the amount of $25,000 per year for 2019 and 2020 ($50,000 total), for the purpose of supporting CISR's mission of serving students most at risk of dropping out of school. Refer to Community Services Committee. g) AB - 2207 Transportation Systems Division recommended approval of a new Operating Permit and Agreement with Seaplane Scenics, LLC. There is no fiscal impact associated with the new Operating Permit and Agreement. Refer to Transportation (Aviation) Committee. h) AB - 2199 Transportation Systems Division recommended approval of a Water Quality Combined Financial Assistance Agreement, with the Department of Ecology, to accept $1,223,939 in grant funds for the Duvall Ave NE project. The City's match is $407,980. Refer to Transportation (Aviation) Committee. i) AB - 2202 Transportation Systems Division submitted CAG-11-149, Sidewalk and Curb Ramp Rehabilitation project, with Tri-State Construction, Inc.; and requested acceptance of the project, approval of the final pay estimate in the amount of $31,205.35 and release of retainage in the amount of $17,083.63 after 60 days, subject to receipt of all required authorizations. Council Concur. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES j) AB - 2206 Transportation Systems Division recommended approval of Addendum 7-18 to Lease Agreement LAG-99-002, with 540 Renton Hangar, LLC, which establishes a new rental rate of $2,151.13 per month for an annual revenue of $25,813.56, and extends the lease for five years through July 31, 2023. Refer to Transportation (Aviation) Committee. k) AB - 2208 Transportation Systems Division recommended adoption of a resolution authorizing the temporary complete closure of East Valley Road between 1701 East Valley Road and 2501 East Valley Road and SW 19th St. between 200 SW 19th St. and 204 SW 19th St. between September 11 and October 1, 2018, in order to construct the Rolling Hills Creek Culvert crossing as part of the I-405/SR 167 Interchange Direct Connector project. Council Concur. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. ITEM 7.F. - SEPARATE CONSIDERATION Councilmember Pavone expressed support for this agenda bill. f) AB - 2211 Police Department recommended approval of a Cost Reimbursement Agreement with the King County Sheriff's Office, in the amount of $24,403.68, for the purpose of reimbursing Renton Police Department costs associated with verifying the addresses and residencies of registered sex and kidnapping offenders residing in City limits. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE ITEM 7.F. AS COUNCIL CONCUR. CARRIED. UNFINISHED BUSINESS a) Council President Prince presented a report concurring in the staff and Community Advisory Committee recommendation to approve a funding package of $14.5 million. This will be used to fund $13 million in existing deferred major maintenance projects together with a $1.5 million contingency and inflation fund. The funding of this will be covered through councilmanic bonds instead of through a ballot measure. The Committee further recommended that an ordinance regarding this matter be prepared and presented. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. b) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $11,575,920.30 for vouchers 10085-10086, 80118, 80218, 81518, 82118, 367342-367343, 367355-368015, 368029-368285; payroll benefit withholding vouchers 5865-5884, 367344-367354, 368016-368028; and three wire transfers. 2. Payroll – total payment of $3,139,587.55 for payroll vouchers which includes 1,608 direct deposits and 44 checks (July 16-30 & August 01-15 2018 pay periods). 3. Kidder Mathews – total payment of $33,268.14 for vouchers 5685-5702. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES c) Finance Committee Chair Persson presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to sign a contract with Diamond Marketing Solutions, Inc. for postal metering and delivery services for a three-year period, with an annual cost of $98,551.20. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Transportation Committee Vice Chair Persson presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to approve the annual updates to the 2019-2024 Six-year Transportation Improvement Program. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to grant Kushal Varma & Kajal A. Ram final approval of a latecomer agreement for a period of 20 years for the purpose of recovering a portion of the cost of extending a sanitary sewer main along SE 132nd Street, adjacent to and west of 156th Ave NE. The application for a Latecomer’s Agreement request was submitted by Kushal Varma & Kajal A. Ram on May 4, 2017, and the preliminary costs were approved by the City Council on June 5, 2017. Construction of the project was completed in December of 2017. Staff has received as-built plans, reviewed the final costs, and received the final contractor’s total cost of $188,408.00. The Committee further recommended that the final assessment roll be forwarded to the City Clerk, who will notify the affected property owner of the latecomer's potential assessment and the right to appeal, with Council retaining the right to rule on the final action. If no appeals have been submitted within 20 days of the date of mailing the assessment notice, the Mayor and City Clerk are authorized to execute and record the latecomer agreement to finalize the matter. MOVED BY WITSCHI, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to execute the agreement with Northwest Hydraulic Consultants, Inc. in the amount of $132,377 for the Annual Cedar River Sediment Survey and Analysis. MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to execute the Water Quality Grant Agreement with the Department of Ecology for the Heather Downs Detention Pond Water Quality Retrofit Project. MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES h) Planning & Development Committee Chair McIrvin presented a report concurring in the staff recommendation to adopt the 2018 Title IV Docket Group 13. The Planning and Development Committee further recommended that ordinances for the items listed below be prepared and presented for first reading when they are complete. Group A • #D-143: Submittal Standards • #D-144: Street Name Changes • #D-145: Short-term Rentals • #D-146: Downtown Window Transparency Group B • #D-147: Variance Procedures • #D-148: Short Plat/Formal Plat Streamline Process MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. i) Planning & Development Committee Chair McIrvin presented a report concurring in the staff recommendation to repeal Ordinance No. 5882 and adopt a new ordinance regarding Text Amendment Exceptions, incorporating corrections that had previously been omitted. The committee further recommended that the new ordinance be placed on the agenda for reading and adoption. MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolutions: a) Resolution No. 4351: A resolution was read updating and extending Renton's six-year Transportation Improvement Program for 2019 - 2024. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4354: A resolution was read authorizing the temporary total closure of the intersection of East Valley Road and SW 19th Street, between 1701 East Valley Road and 2501 East Valley Road to the north and south, and 200 SW 19th Street and 204 SW 19th Street to the east and west. MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for first reading: c) Ordinance No. 5887: An ordinance was read repealing Ordinance No. 5882, adding subsections 4-1-085 and 4-9-025.H to the Renton Municipal Code, and amending subsection 4-9-025.G of the Renton Municipal Code, adding a review process for procedural and non- substantive text amendments to Title IV of the Renton Municipal Code and amending the review process for administrative code interpretations of Title IV of the Renton Municipal Code, and providing for severability and establishing an effective date. MOVED BY PRINCE, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. AGENDA ITEM #8. a) September 10, 2018 REGULAR COUNCIL MEETING MINUTES NEW BUSINESS Please see the attached Council Committee Meeting Calendar. MOVED BY PERSSON, SECOND BY PÉREZ, COUNCIL REFER TRANSPORTATION IMPROVEMENT PROGRAM (TIP) ITEM NUMBER 29: HOUSER WAY NORTH WIDENING AND REALIGNMENT TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. ADJOURNMENT MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME: 8:25 P.M. Jason A. Seth, CMC, City Clerk Megan Gregor, CMC, Recorder Monday, September 10, 2018 AGENDA ITEM #8. a) Council Committee Meeting Calendar September 10, 2018 September 13, 2018 Thursday 4:00 PM Utilities Committee, Chair Witschi – Council Conference Room 1. Water service to Ron Regis Park – Interlocal Agreement 2. Emerging Issues in Utilities CANCELLED Planning & Development Committee, Chair McIrvin September 17, 2018 Monday 4:00 PM Transportation Committee, Chair Corman – Council Conference Room 1. Duvall Ave. NE Project – Water Quality Combined Financial Assistance Agreement 2. Renton Hangar Lease Addendum 3. Operating Permit and Agreement with Seaplane Scenics 4. TIP # 29: Houser Way N Widening and Realignment 5. Regional Transit Planning Discussion 6. Emerging Issues in Transportation 5:00 PM Community Services Committee, Chair Pérez – Council Conference Room 1. Communities in Schools of Renton Contract 2. Emerging Issues in Community Services 5:30 PM Committee of the Whole, Chair Prince – Council Chambers 1. Quendall Terminals Update (15 minutes) 2. WSDOT I-405 Update (25 minutes) 3. King County Solid Waste Management Comprehensive Plan (20 minutes) 4. Regional Issues AGENDA ITEM #8. a) AB - 2214 City Council Regular Meeting - 17 Sep 2018 SUBJECT/TITLE: Renton Avenue South Preservation Project Local Agency Agreement CAG-18-171 with the Washington State Department of Transportation RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Michelle Faltaous, Michelle Faltaousroject manager EXT.: 7301 FISCAL IMPACT SUMMARY: The Transportation Systems Division budgeted $1,875,390 for the Renton Avenue South P reservation project. This amount includes a grant of $1,020,700 and a city share of $854,690. The project budget is sufficient for the construction, construction management and City project management expenses. SUMMARY OF ACTION: The Renton Avenue South Preservation Project was selected for a Surface Transportation Program (STP) grant of $1,020,700. The attached Local Agency Agreement and Prospectus with the Washington State Department of Transportation (WSDOT) are required to obligate the grant funding. This grant will provide necessary funds for the construction portion of the project, which will install a 3 -inch overlay to resurface a 0.59 mile section of Renton Avenue South between South 130th Street to Hardie Avenue SW. Ramps will also be upgraded to current American Disabilities Act (ADA) standards. EXHIBITS: A. Local Agency Agreement B. Local Agency Federal Aid Project Prospectus C. Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Local Agency Agreement with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish the Renton Avenue South Preservation Project. AGENDA ITEM #8. b) 1: Washington State Department of Transportation Local Agency Agreement AgencyCity 6fRent6n CFDA No.20.205 (Catalogor FederalDomesticAssistance) Address 1055 s Grady Way P;-oject No_ Renton,WA 93057 Agreement No. For OSC WSDOTUse Only The Local Agency having complied,or hereby agreeing to comply.with the terms and conditions set forth in (1)'l'1tle23,U.S.Code Highways.(2)the regulations issued pursuant thereto,(3)2 CFR Part 200,(4)the policies and procedures promulgated by the Washington State Department of Transportation.and (5)the federal aid project agreement entered into between the State and Federal Government,relative to the above project,the Washington State Department of Transportation willauthorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,column 3.without written authority by the State,subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Renton Ave South Preservation Project Length 0.59 Termini S 130th St to Hardie Ave SW Description of Work This project will resurface (3-inch overlay)0.59 mile of Renton Ave South from South 130th St to Hardie Ave SW.ADA ramps will be upgraded to current standards. Project Agreement End Date l2/31/2020 Claiming Indirect Cost Rate Proposed Advertisement Date 11/01/2018 -:lYes N0 (1)(2)(3)Type of w°rk EstimatedTotal EstimatedAgency EstimatedFederal Pro'ectFunds Funds FundsPE_,.-,$230,000.00 $230,000.00 -0 .A .I hr —_— FederalAid .her —_— "a"‘°"’a“°"a 6 —_—Ratiofor PE ' -,__., _H __.__,,_$280,000.00 $280,000.00 $0.00 R1911°’Way -—-°’°..h —_— F°de'a"“°1'.1 j Pa"‘°'"a“°"7 —‘—RatioforRW 3 ‘ ... 1 . 1 -.I '$$$ C°”5t'"°t'°';k_.,__$1,180,000.00 S 159,300.00 $1,020,700.0036-5 /"._.h Contract(non participate)$26,712.00 $26,712.00 — m.6 .-WWWFederalAid,.hr Consultant 3 223,321.00 3 223,321.00 Pa'“°‘P3“°".- 's 12 067.00 s 12 067.00 —Ram f°'ON .-9 ' 3 2,40000 5 2,40000 _ ,_.K . _"1 - A 1,,,,$1,450,000.00 S 429,300.00 $1,020,700.00 0 1,730,000.00 s 709,300.00 3 1,020,700.00 Agency Of?cia Washington State Department of Transportation By By Title Director,Local Programs Date Executed DOT Form 140-039 Page 1Revised05/2015 AGENDA ITEM #8. b) Construction Method of Financing (Check Method Selected) State Ad and Award Method A -Advance Payment —Agency Share of total construction cost (based on contract award) Method B -Wrthholdfrom gas tax the Agency's share of total construction coast (line 5,column 2)in the amount of $at $per month for months. Local Force or Local Ad and Award /Method C -Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a condition to payment of the federal funds obligated,it accepts and will comply with the applicable provisions set forth below.Adopted by of?cial action on ,,Resolution/Ordinance No. Provisions I.Scope of Work The Agency shall provide all the work,labor,materials.and services necessary to perform the project which is described and set forth in detail in the “Project Description"and “Type of Work." When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described and indicated in “Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal HighwayAdministration. When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. ll.Delegation of Authority The State is willingto fulfillthe responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State shall have the full authority to carry out this administration.The State shall review,process,and approve documents required for federal aid reimbursement in accordance with federal requirements.Ifthe State advertises and awards the contract,the State willfurther act for the Agency in all matters concerning the project as requested by the Agency.If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. Ill.Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above.In addition,the State willfurnish qualified personnel for the supervision and inspection of the work in progress.On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications,and federal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project willbe considered a cost thereof.All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office,the U.S.Department of Transportation,and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V.Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1.Preliminary engineering. 2.Right of way acquisition. 3.Project construction. Once written authorization is given,the Agency agrees to show continuous progress through monthly billings.Failure to show continuous progress may result the Agency's project becoming inactive,as described in 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency willrepay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year followingthe fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal 1ti30t3§9Agency under the terms of this agreement (see Section IX). Page 2Revised05/2015 AGENDA ITEM #8. b) The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI.Payment and Partial Reimbursement The total cost of the project,including all review and engineering costs and other expenses of the State,is to be paid by the Agency and by the Federal Government.Federal funding shall be in accordance with the Federal Transportation Act,as amended,2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government.Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency shall minimizethe time elapsed between receipt of federal aid funds and subsequent payment of incurred costs.Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 -UniformAdmin Requirements.Cost Principles and Audit Requirements for Federal Awards.and retained for audit. The State will pay for State incurred costs on the project.Following payment,the State shall billthe Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall billthe Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1.Project Construction Costs Project construction financing willbe accomplished by one of the three methods as indicated in this agreement. Method A -The Agency will place with the State,within (20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total construction cost based on the contract award.The State willnotify the Agency of the exact amount to be deposited with the State.The State willpay all costs incurred under the contract upon presentation of progress billings from the contractor.Following such payments,the State willsubmit a billing to the Federal Government for the federal aid participation share of the cost.When the project is substantially completed and final actual costs of the project can be determined,the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billingwill be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B —The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month.The extent of withholding willbe confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C -The Agency may submit vouchers to the State in the format prescribed by the State.in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement.At the time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also billthe Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). Vll.Audit of Federal Consultant Contracts The Agency,if services of a consultant are required,shall be responsible for audit of the consu|tant’s records to determine eligible federal aid costs onthe project.The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT InternalAudit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual M 27-50,Consultant Authorization,Selection,and Agreement Administration;memoranda of understanding between WSDOT and FHWA;and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII.Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit perfonned for that year in accordance with the provisions of 2 CFR Part 200.501.Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised 05/2015 AGENDA ITEM #8. b) IX.Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g.,State force work,project cancellation,overpayment,cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the MotorVehicle Fund.No additional Federal project funding will be approved until full payment is received unless othenrvisedirected by the Director,Local Programs. Project Agreement End Date -This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing,Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs, signals,or markings not in conformance with the standards approved by the Federal Highway Administrationand MUTCD.The Agency will,at its own expense,maintain the improvement covered by this agreement. XI.Indemnity The Agency shall hold the Federal Government and the State hannless from and shall process and defend at its own expense all claims,demands,or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency’s execution,performance,or failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or arising by reason of the participation of the State or Federal Government in the project,PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. Xll.Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscriminationin the award and administration of USDOT-assisted contracts and agreements.The WSDOT’s DBE program,as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C.1001 and/orthe Program Fraud Civil Remedies Act of 1986 (31 U.S.C.3801 et seq.). The Agency hereby agrees that it willincorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant.contract,loan, insurance,or guarantee or understanding pursuant to any federal program involving such grant,contract,loan,insurance,or guarantee, the required contract provisions for Federal-AidContracts (FHWA 1273),located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency,instrumentality,or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (2)To furnish the State such informationas it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24,1965,with a contractor debarred from,or who has not demonstrated eligibilityfor,government contracts and federally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. in addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following actions: (a)Cancel,terminate.or suspend this agreement in whole or in part; (b)Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4Revised05/2015 AGENDA ITEM #8. b) XIII.Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635,Subpart 127,as supplemented,relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time.Failure to include liquidated damages provision willnot relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole,or from time to time in part,whenever: (1 )The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4)The Secretary is notified by the Federal Highway Administrationthat the project is inactive. (5)The Secretary determines that such termination is in the best interests of the State. XV.Venue for Claims andlor Causes of Action For the convenience of the parties to this contract,it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned.shall be brought only in the Superior Court for Thurston County. XVI.Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1)No federal appropriated funds have been paid or willbe paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress.or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification of any federal contract,grant,loan.or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or willbe paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit the Standard Form -LLL,"Disclosure Form to Report Lobbying,”in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed $100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e.,Federal Highway Administration, Federal Transit Administration,Federal Aviation Administration)are required to submit a written policy statement,signed by the Agency Executive and addressed to the State,documenting that all programs,activities,and services willbe conducted in compliance with Section 504 and the Americans with DisabilitiesAct (ADA). Additional Provisions DOT Form 140-039 Page 5Revised05/2015 AGENDA ITEM #8. b) L VI Washington State Department of Transportation Local Agency Federal Aid Project Prospectus Renton Ave South Preservation Project Start LatitudeN 47-29-1 1.47 End LatitudeN47-29-1.87 Pre?x Route ()Date 08/27/2017 FederalAid Pr0J.eCtNumber DUNSNumber 092278894 LocalAgency __WSDOT FederalEmployer _ProjectNumber CAG 18 171 (Use Only Tax IDNumber 91 6001271 Agency CAAgency FederalProgram Title City 0fRenton /lves No I 20.205 Other ProjectTitle StartLongitudeW 122-13-5044 EndLongitude w 122-13-12.16 Project TerminiFrom-To Nearest CityName Project ZipCode (+4) S 130th St Hardie Ave SW Renton 98057-5939 BeginMilePost End MilePost Lengthof Project AwardType N/A N/A 0.59 mi /Local LocalForces State Railroad RouteID BeginMilePoint End MilePoint CityNumber CountyNumber CountyName N/A N/A N/A 1070 17 King WSDOTRegion LegislativeDistricl(s)CongressionalDistrict(s)UrbanArea Number Northwest Region 37 9 1 Total Local A enc Phase Start Phase Estimated Cost Fund?ngy Federal Funds Date (Nearest HundredDollar)(Nearest HundredDollar)mearestHundredDollar)Month Year P.E.$280,000.00 $280,000.00 0 June 2017 R/\N 0 0 0 Const.$1,450,000.00 $429,300.00 $1,020,700.00 November 2018 Total $1,730,000.00 $709,300.00 $1,020,700.00 Description of Existing Facility (Existing Design and Present Condition) RoadwayWidth Numberof Lanes Varies:48-78 Varies:4-5 classi?ed as a T—2truck route. Renton Ave S is a minor arterial with 4-5 lanes oftravel and a daily traffic volume of20,500 vehicles.It is Description of Proposed Work Descriptionof ProposedWork(Attachadditionalsheet(s)if necessary) This project will resurface (3-inch overlay)0.59 miles of Rentori Ave South from South 130th St to Hardie Ave SW.ADA ramps will be uprgraded to current standards. DOT Form 140-101 Revised 04/2015 PreviousEditionsObsolete LocalAgencyContactPerson Title Phone Michelle F altaous Transportation Project Manager 425-430-7301 MailingAddress City State ZipCode 1055 S Grady Way Renton WA 98057 By ~ -Project Prospectus APP’°Vl”9A””‘°”‘Y Tme Transportation Design Manager Date AGENDA ITEM #8. b) Agency ProjectTitle Date City of Renton Renton Ave South Preservation Project 08/27/2017 Type of Proposed Work ProjectType(CheckallthatApply)RoadwayWidth Numberof Lanes [I New Construction |:|Path /Trail El3—R 43-73 4-5 Reconstruction I___IPedestrian /Facilities I:I2—R D Railroad E]Parking D Other |:|Bridge Geometric Design Data Through Route lj Principal Arterial ElPrincipal Arterial Federal Minor Arterial lj Minor Arterial Funconal I:ICollector [_—_ICollector __,ElMajor Collector D Major CollectorClasslflcatlonE]Minor Collector CIMinor Collector El Local Access I:ILocal Access Performance of Work PreliminaryEngineeringVl?llBe PerformedBy Others Agency Consultant ConstructionWillBe PerfonnedBy Contract Agency Environmental Classi?cation I:IClass I -Environmental Impact Statement (EIS)Class ll -Categorically Excluded (CE) I:IProject Involves NEPA/SEPA Section 404 Projects Requiring Documentation lnteragency Agreement (Documented CE) C]Class III-Environmental Assessment (EA). D Project Involves NEPA/SEPA Section 404 lnteragency Agreements EnvironmentalConsiderations Environmental CE approved on 7/20/2018. DOT Form 140-101 ,_, Revised 04,2915 PreviousEditionsObsolete Page 2 AGENDA ITEM #8. b) Right of Way No Right of Way Needed *All construction required by the contract can be accomplished within the exiting right of way. Agency ProjectTitle Date City of Renton . Renton Ave South Preservation Project 08/27/2017 I]Right of Way Needed l:INo Relocation El Relocation Required Railroad I]No utility work required No railroad work required I:IAllutilitywork will be completed prior to the start I:]All railroad work will be completed prior to the start ofoftheconstructioncontracttheconstructioncontract All utilitywork will be completed in coordination with the construction contract [:IAllthe railroad work will be completed in coordination with the construction contract Descriptionof UtilityRelocationorAdjustmentsand ExistingMajorStructuresInvolvedinthe Project Utility work includes the replacement of approximately 540 feet of a 2 inch water main with an 8 inch water main and appurtenances. FAAinvolvement is any airport located within 3.2 kilometers (2 miles)of the proposed project?Yes E]No Remarks This project has been reviewed by the legislative body of the administration agency or agencies,or it's designee,and is not inconsistent with the agency's comprehensive plan for community development. Agency Date By Mayor/Chairperson DOT Form 140-101 ,,_Page 3Revised04/2015 PreviousEditionsObsolete AGENDA ITEM #8. b) Renton Avenue South Preservation Project Vicinity Map AGENDA ITEM #8. b) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CEDAR RIVER WATER & SEWER DISTRICT RELATED TO WATER SERVICE FOR THE CITY OF RENTON’S RON REGIS PARK. WHEREAS, the City and Cedar River Water & Sewer District (“CRWSD”) are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the City is requesting from CRWSD potable water service for domestic use and for fire hydrant use for a new City‐owned bathroom and related facilities located within the Ron Regis Park located at 1501 Orcas Ave SE, Renton, WA 98056; and WHEREAS, the City and CRWSD desire to enter into an agreement in order to formally document the terms and conditions relating to water service for Ron Regis Park; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Cedar River Water & Sewer District entitled Interlocal Agreement Relating to AGENDA ITEM # 10. a) RESOLUTION NO. _______ 2 Water Service for the City of Renton’s Ron Regis Park, attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1782:8/20/18:scr AGENDA ITEM # 10. a) RESOLUTION NO. _______ 3 EXHIBIT “A” INTERLOCAL AGREEMENT RELATING TO WATER SERVICE FOR THE CITY OF RENTON’S RON REGIS PARK AGENDA ITEM # 10. a) ILA City of Renton for Ron Regis Park 081618 Page 1 of 4 INTERLOCAL AGREEMENT RELATING TO WATER SERVICE FOR THE CITY OF RENTON’S RON REGIS PARK This Interlocal Agreement ("Agreement") is made and entered into by and between CEDAR RIVER WATER & SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to as “CRWSD”, and the CITY OF RENTON, a Washington municipal corporation, hereinafter referred to as “Renton”, collectively referred to as the “parties.” I. RECITALS WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to enter into contracts with each other to make the most efficient use of their powers by enabling them to cooperate with other agencies on a basis of mutual advantage and thereby to provide services and/or facilities in a manner that addresses the needs of local communities; WHEREAS, Renton is requesting from CRWSD potable water service for domestic use and for fire hydrant use for a new City‐owned bathroom and related facilities located within the Ron Regis Park (“Park”) located at 1501 Orcas Ave SE, Renton, WA 98056 as depicted on the map attached hereto as Exhibit 1 which is incorporated by reference as if set forth in full herein; WHEREAS, Renton and CRWSD desire to enter into this Agreement in order to formally document the terms and conditions relating to water service for the Ron Regis Park. II. AGREEMENT It is agreed by Renton and CRWSD as follows: 1. Amendment to the Water Service Boundary Agreement. Renton agrees to release a limited portion of the City’s potable retail water service area that consists of the Ron Regis Park to CRWSD. The City retains all water and irrigation rights as approved by the Department of Ecology under a Water Right Change Application No. CS1‐127660CL dated June 21, 2016. No transfer of existing water system facilities is contemplated by this Agreement. Renton will obtain City Council approval to amend the current water service boundary agreement with CRWSD dated February 8, 1999 to reflect the proposed change in service area. Each party shall (A) reflect the boundary change in their records, (B) update their respective water system plans accordingly at the time their next plan updates are due and (C) advise the East King County Regional Water Association of the change so that the East King County Coordinated Water System Plan is revised and updated. 2. Connection and Installation Charges. Renton agrees to pay CRWSD the following connection and installation charges no later than the date of the preconstruction conference referred to in Section 4 below:  General Facility Charge = $4,035.00  Local Facility Charge = $81,840.00  Seattle Public Utility Facility Charge = $936.00  Partial Meter Installation Charge = $1,050.00 AGENDA ITEM # 10. a) ILA City of Renton for Ron Regis Park 081618 Page 2 of 4  DDCVA Meter Installation Charge = $200.00. The connection charges are based on Renton’s need for potable water service to proposed bathroom and related facilities that Renton wishes to construct at the Park to include a fire hydrant. 3. Potable Water and Fire Service Design. Renton will design an 8” fire service and a 1” water service including backflow prevention devices per CRWSD standards and specifications, both of which shall tap an existing CRWSD water main at the location shown on Exhibit 2 attached hereto which is incorporated by reference as if set forth in full herein. CRWSD will have final right of approval of the design. 4. Potable Water and Fire Service Installation. At its sole cost, Renton will install the water and fire services referred to above as approved by CRWSD. No more than thirty (30) days prior to the date that the work is to commence and no earlier than five (5) days prior to such date, the parties shall conduct a preconstruction conference to review the proposed work and schedule. All work shall be performed in a careful manner in accordance with sound municipal utility standards. Renton shall be solely responsible for safety at the work site, it shall abide by applicable laws and codes, repair all damage and shall indemnify and defend CRWSD from all claims and obligations arising out of the work. If Renton utilizes a contractor to perform the work, CRWSD shall be named as an additional insured on the contractor’s liability insurance policy. CRWSD will inspect and have final right of approval of the installation. 5. Water Meter Installation. CRWSD will install a standard 1” water meter, setter and meter box per CRWSD policy (Partial Meter Installation). 6. Ownership. 8” Fire Service:  CRWSD will own the concrete thrust block, tapping tee, gate valve, and detector meter on the backflow prevention device.  Renton will own all remaining water system infrastructure downstream of the gate valve with the exception of the detector meter on the backflow prevention device. 1” Water Service:  CRWSD will own the service line from the water main tap to the meter setter, meter and meter box.  Renton will own all remaining infrastructure downstream of the meter. 7. Operations. CRWSD shall provide water service to the 8” gate valve and 1” water meter in accordance with its standard rates and policies. Renton shall abide by CRWSD’s rules and regulations pertaining to water service. No charges are ordinarily due for fire protection water; however Renton shall not permit the hydrant within the Park to be used for non‐firefighting purposes. Renton shall be solely responsible for the use, operation, maintenance, repair, ownership and control of all water system facilities downstream of the above described 1” meter and 8” gate valve to include responsibility for maintaining water quality. Renton shall install, operate and maintain backflow prevention devices pursuant to CRWSD standards within Renton’s water system facilities. Renton shall allow CRWSD access to the detector meter on the 8” backflow prevention device to monitor, maintain, repair or replace. Renton shall not extend its water system infrastructure beyond Park boundaries nor shall it alter the use of water at the Park for non‐park related uses AGENDA ITEM # 10. a) ILA City of Renton for Ron Regis Park 081618 Page 3 of 4 without CRWSD’s prior written consent. Upon request, Renton shall execute a petition to annex the Park into CRWSD. 8. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of its breach of this Agreement or any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement or any portion thereof is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 9. Effective Date/ Duration of Agreement/ Termination/Notice. A. This Agreement shall become effective on date of mutual execution. B. This Agreement shall remain in full force and effect until terminated or amended as provided for in Paragraphs 9 C and 10. C. TERMINATION 1. Restriction on Termination. Except as specifically provided in this Agreement or the Exhibits or mutually agreed to by the parties, this Agreement shall remain in full force and effect for the duration of the life of the facilities described in Section 4 above. 2. The services identified in this Agreement may be terminated by either party upon providing the other party with three hundred and sixty‐five (365) days' advance written notice of termination. D. NOTICE TO BE SENT City of Renton: Community Services Department Administrator 1055 South Grady Way Renton, WA 98057 CRWSD: PO Box 1040 Maple Valley, WA 98038 AGENDA ITEM # 10. a) ILA City of Renton for Ron Regis Park 081618 Page 4 of 4 10. Entire Agreement/Misc. This Agreement contains the entire Agreement between Renton and CRWSD hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind Renton or CRWSD hereto. Any amendments to this Agreement must be in writing and signed by Renton and CRWSD in order to be effective. In the event of a legal dispute, venue and jurisdiction shall lay with the King County Superior Court, Regional Justice Center, in Kent, Washington and the prevailing party shall be entitled to recover its reasonably attorney fees and costs from the other party. This Agreement shall be governed by the laws of the State of Washington and remain in effect for the duration of water service hereunder. 11. Execution in Counterparts. This Agreement may be executed in any number of counterparts and by Renton and CRWSD hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. City of Renton Cedar River Water & Sewer District By: By: Denis Law, Mayor Mike Amburgey, General Manager Dated: Dated: Attest: ________________________________ Jason A. Seth, City Clerk Approved as to form: ________________________________ Shane Moloney, City Attorney AGENDA ITEM # 10. a) Cedar River Trail SE Jones Pl SE 153rd Pl Maple Valley Hwy Private Rd145th Ave SE L149th Ave SEMaple Valley Hwy Cedar River TrailMaple Val Maple Valley Hwy e SE2223059007 2223059141 2223059131 2223059004 2223059003 5127000000 1461200000 2323059180 2223059026 2323059037 2323059123 2223059155 2223059032 6806100750 2323059070 2223059151 23230590 2223059069 2323059169 2223059139 23230 2223059134 2323059133 2323059010 2323059132 2323059106 2323059032 2323059088 2323059135 2323059097 232305 2323059127 2223059105 2223059104 2323059009 2323059158 8900000 680610TR-A 430TR-C 6806100410 680610TR-C 6806100500 6806100030 6806100020 6806100010 6806100450 6806100380 6806100470 68061004206806100460 6806100430 6806100390 6806100480 6806100400 6806100440 6806100490 EXHIBIT 1CITY OF RENTON RON REGIS PARK 1051 ORCAS AVE SE Parcel ID 2223059007 N CEDAR RIV E R SR 169 AGENDA ITEM # 10. a) 145TH AVE SEPROPOSED 8-INCH DCVA FOR FIRE SERVICE AND 1-INCH DOMESTIC METER FOR RESTROOM FACILITY EXISTING CRWSD 12" WATER N EXHIBIT 28-INCH WATER LINE IN STEEL CASING TO BE OWNED BY CITY OF RENTON AGENDA ITEM # 10. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING ORDINANCE NO. 5882, ADDING SUBSECTIONS 4‐1‐085 AND 4‐9‐025.H TO THE RENTON MUNICIPAL CODE, AND AMENDING SUBSECTION 4‐9‐025.G OF THE RENTON MUNICIPAL CODE, ADDING A REVIEW PROCESS FOR PROCEDURAL AND NON‐SUBSTANTIVE TEXT AMENDMENTS TO TITLE IV OF THE RENTON MUNICIPAL CODE AND AMENDING THE REVIEW PROCESS FOR ADMINISTRATIVE CODE INTERPRETATIONS OF TITLE IV OF THE RENTON MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 31, 2017, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 18, 2017, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, on May 7, 2018, the City Council passed Ordinance No. 5882 implementing policies concerning the subject matter; and WHEREAS, subsequent to the adoption of Ordinance No. 5882, the City Council determined that it was appropriate and desirable to refine the policies of the City on the subject matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5882, passed by the City Council on May 7, 2018, is repealed. AGENDA ITEM # 10. b) ORDINANCE NO. ________ 2 SECTION II. Chapter 4‐1 of the Renton Municipal Code is amended to add a new section 4‐1‐085, “Procedural and Non‐Substantive Text Amendments,” to read as follows: 4‐1‐085 PROCEDURAL AND NON‐SUBSTANTIVE TEXT AMENDMENTS: The Administrator is hereby authorized to amend text of procedural or non‐ substantive provisions of this Title. For the purposes of this Section, substantive amendments shall be distinguished from procedural or non‐substantive amendments in accordance with the following: “Substantive” matters relate to regulations that define or limit what can be done in terms of conduct, use, development, or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments, which decision makers and appellate bodies act on permit applications), and “procedural” or “non‐substantive” matters are those that relate to procedures or submittal requirements (e.g., how applications will be processed by a decision maker, what application forms must be used). SECTION III. Subsection 4‐9‐025.G of the Renton Municipal Code is amended as shown below. All other provisions in section 4‐9‐025 shall remain in effect and unchanged, except as provided in SECTION IV, below. G. REVIEW PROCESS FOR TITLE IV INTERPRETATIONS: 1. Requests for code interpretations shall include: a. The section of the code that is allegedly ambiguous or needing clarification; b. The subject matter or nature of the request; and AGENDA ITEM # 10. b) ORDINANCE NO. ________ 3 c. Any facts that are relevant to the request. 2. The Community and Economic Development Administrator may deny or reject the request if there is no ambiguity or need for clarification demonstrated by the requestor. 3. Once Only one an interpretation per is issued shall be rendered by the Community and Economic Development Administrator. In the event an interpretation is requested on an issue previously addressed, the Community and Economic Development Administrator may consider the issue resolved and reject future requests to render shall provide a copy of the previous an interpretation on the matter to satisfy such request. 4. The Community and Economic Development Administrator shall post proposed interpretations on the City website for public review comment and possible appeal. 5. Approved iInterpretations shall follow the process of Development Regulations amendments and be amended into Title IV annually. SECTION IV. Section 4‐9‐025 of the Renton Municipal Code is amended to add a new subsection 4‐9‐025.H, “Review Process for Procedural and Non‐Substantive Text Amendments,” to read as shown below. All other provisions in section 4‐9‐025 shall remain in effect and unchanged, except as provided in SECTION III, above. H. REVIEW PROCESS FOR PROCEDURAL AND NON‐SUBSTANTIVE TITLE IV AMENDMENTS: AGENDA ITEM # 10. b) ORDINANCE NO. ________ 4 1. Any person, including the Administrator, may make a written request to the Administrator for a procedural or non‐substantive Title IV amendment. 2. The Administrator shall approve or deny the request based on Department need. 3. Approved amendments shall be posted on the City website for public review comment and possible appeal. Approved amendments shall then follow the process of substantive development regulations amendments and be amended into Title IV annually. SECTION V. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2018. Denis Law, Mayor AGENDA ITEM # 10. b) ORDINANCE NO. ________ 5 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2016:7/31/18:scr AGENDA ITEM # 10. b)