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HomeMy WebLinkAboutCouncil 04/23/2012AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  April 23, 2012  Monday, 7 p.m.   *REVISED* 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.ADMINISTRATIVE REPORT 4.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 5.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 4/16/2012.  Council concur.  b. Court Case filed by Allstate Insurance as subrogee of Sarah M. Medina vs. City of Renton, et  al, represented by Shaun Huppert, Attorney for Plaintiff, alleging vehicle damage caused by a  City vehicle.  Refer to City Attorney and Insurance Services.  c. Community  and  Economic  Development  Department  recommends  approval  to  release  a  restrictive covenant recorded under King County recording number 8408020498 because the  covenants  place  unnecessary  burden  on  the  property  and  are  inconsistent with  current  property standards.  Council concur.  d. Community  Services  Department  reports  submission  of  grant  applications  for  the  2012  Neighborhood Grant Program and recommends funding nine projects totaling $27,662.  Refer  to Community Services Committee.  e. Community Services Department submits CAG‐11‐183, Park Bleacher Retrofit Kits project; and  requests  approval  of  the  project, commencement  of  a  60‐day  lien  period,  and  release  of  retained amount of $3,248.36 to Sitelines Park & Playground Products, Inc., contractor, if all  required releases are obtained.  Council concur.  f. Community Services Department recommends approval of a Memorandum of Understanding  with  Seattle‐King  County  Department  of  Public  Health  regarding  the  responsibilities  of  storing one  Emergency  Preparedness  Container  in  the  parking  lot  at 1719  Maple  Valley  Highway.  Refer to Public Safety Committee.  Page 1 of 164 g. Executive  Department  recommends  approval  of  a  two‐year  Memorandum  of  Understanding  with King County Fire Protection District 40 to accept $38,000 per year in compensation for  the provision of communication and technology services at Fire Station 13.  Refer to Finance  Committee.  h. Fire  and  Emergency  Services  Department  recommends  approval  of  a  Memorandum  of  Understanding with the King County Sheriff's Office outlining responsibilities for the shared  use of space at Fire Station 16.  Refer to Public Safety Committee.  i. Public  Works  Department recommends  approval  of  an  interlocal  cooperative  purchasing  agreement  with  Grays  Harbor County  for  goods  and  services.   Council  concur.  (See  7.a.  for  resolution.)  j. Transportation Systems Division recommends approval of a contract in the amount of $199,506  with  Perteet,  Inc. for  construction  management  services  for  the  South  Lake  Washington  Roadway Improvements (Garden Ave. Widening) project.  Council concur.  k. * Transportation Systems Division recommends approval of Amendment No. 4 to CAG‐93‐112,  with the Washington State Recreation and Conservation Office, to finalize conveyance from  King County a portion of adjacent real property known as the "Brandt" property in exchange for  right‐of‐way along the May Creek Park, a Sight Easement, and an Agreement to Reconstruct  Driveway, for access to May Creek Park, being dedicated by the City for roadway widening  by King County of Coal Creek Parkway.  Council concur.  l. * Transportation Systems Division recommends approval of a Joint Utility Trench Construction  Agreement  with  Comcast  in  the  amount  of  $472,000  for  reimbursement  for  relocation  of  Comcast facilities for the Rainier Ave. S. (SR 167) ‐ S. Grady Way to S. 2nd St. project.  Council  concur.  m. Utility  Systems  Division  submits  CAG‐10‐142,  Westview  Lift  Station  Upgrades  project;  and  requests  approval  of  the  project,  commencement  of  a  60‐day  lien  period,  and  final  pay  estimate  in  the  amount  of  $12,987.44, to  First  National  Insurance  Company  of  America  (Advanced  Construction,  Inc.  defaulted),  contractor, if  all  required  releases  are  obtained.  Council concur.  6.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:  Appointment to Airport Advisory Committee; Memorial Signs  on City Streets  7.RESOLUTIONS AND ORDINANCES Resolutions: a. Interlocal cooperative purchasing agreement with Grays Harbor County (See 5.i.)  b. Calling  for  a  Special  Election  to  determine  the  location  of  the  downtown  King  County  Library System library (See Motion ‐ 4/16/2012)  Page 2 of 164 Ordinances for second and final reading: a. School District Impact Fees (1st reading 4/16/2012)  b. Water leak adjustment policy revision (1st reading 4/16/2012)  8.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 9.AUDIENCE COMMENT 10.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     7TH FLOOR CONFERENCING CENTER   April 23, 2012  Monday, 5:30 p.m.    Regional Issues; Legislative Wrap‐up    • 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 3 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: CRT-12-002; Court Case Allstate Insurance Company a/s/o Sarah M. Medina vs. City of Renton & Paul Stratford Meeting: Regular Council - 23 Apr 2012 Exhibits: Summons Complaint for Sums Due to a Subrogated Party Resulting from an Automobile Accident Order Setting Civil Case Schedule Submitting Data: Dept/Div/Board: Administrative Services Staff Contact: Bonnie Walton, City Clerk, ext. 6502 Recommended Action: Refer to City Attorney and Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Summons, Complaint for Sums Due to a Subrogated Party Resulting from an Automobile Accident, and Order Setting Civil Case Schedule filed by Allstate Insurance Company as subrogee of Sarah M. Medina, represented by Shaun Huppert, Attorney for Plaintiff, seeking $5,928.83 for losses for vehicle damage allegedly caused by a City vehicle. STAFF RECOMMENDATION: n/a 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 4 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 5 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 6 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 7 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 8 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 9 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 10 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 11 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 12 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 13 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 14 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 15 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 16 of 164 5b. ‐ Court Case filed by Allstate Insurance as subrogee of Sarah M.  Medina vs. City of Renton, et al, represented by Shaun Huppert, Attorney  Page 17 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Release of Covenant Meeting: Regular Council - 23 Apr 2012 Exhibits: Copy of Restrictive Covenant Draft Release of Covenant Agreement Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias, x6576 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: In 1984, Don Shumsky requested a rezone of a 1.26-acre parcel he owns at 1300 Lake Washington Boulevard from a split zoning designation of Business District (B-1) and Residence District (R-1) to a single zoning designation of Business District (B-1). As part of the rezone, restrictive covenants were placed on the parcel. The covenants placed limitations on the building size (limited to 24,000 square feet) and uses of the site (restaurant, banquet rooms, catering, office, and/or up to four attached dwelling units). In 2008, Puget Western, owners of the two parcels abutting the Shumsky parcel to the south, requested and were granted a Comprehensive Plan Amendment and concurrent rezone to Urban Center North 2 (UC-N2). The City expanded the Amendment and rezone to include the Shumsky parcel and one additional parcel to the north. The UC-N2 zone allows significantly more intense uses than the uses allowed under the restrictive covenant on the Shumsky property: forexample, multi-family housing up to 250 dwelling units per acre, movie theaters, and hotels. The zone also allows the same types of uses allowed with the restrictive covenant, such as restaurant and offices. The restrictive covenants on the Shumsky property place an unnecessary burden on the property and are inconsistent with the current property standards adopted by the City. The owner has requested that the restrictive covenants be removed from the property title. STAFF RECOMMENDATION: Approve removal of restrictive covenants recorded under King County recording number 8408020498. 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 18 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 19 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 20 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 21 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 22 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 23 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 24 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 25 of 164 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 26 of 164 1 Return Address: City Clerk’s Office City of Renton 1055 South Grady Way Renton WA 98057 RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: 8888 334450-0007 Project File #:Street Intersection: Lk. Washington Blvd. & NE Park Dr.Hogan Reference Number(s) of Documents assigned or released: 8408020498 Grantor(s):Grantee(s): 1.City of Renton8888 1.City of Renton, a Municipal CorporationDon Shumsky LEGAL DESCRIPTION: The southerly 160 feet of the northerly 235 feet of lots 312, 313, 314, and 315, as measured along parallel lines to the southerly margin of SE 110th Street (also known as Morgan Avenue), C.D. HILLMAN”S LAKE WASHINGTON GARDEN OF EDEN, DIVISION NO. 5, according to the plat thereof recorded in Volume 11 of Plats, page 83, records of King County, Washington: EXCEPT the Westerly 60 feet of said Lot 312 conveyed to King County by Deed recorded under Recording No. 4655599. Situate in the City of Renton, County of King, State of Washington. Located in the Southwest quarter of Section 5, Township 23 North, Range 5 East, W.M. Whereas the Grantor, as named above, is the holder of a restrictive covenant acquired from the above named Grantee dated July 26, 1984 and recorded under Recording Number 8408020498 of King County, State of Washington; and WHEREAS, the City of Renton, Washington did require certain restrictive covenant on the subject property in 1984; and, WHEREAS, the zoning of this site has subsequently changed; and, WHEREAS, the City Council authorized the removal of the restrictive covenant on April 16, 2012; NOW, THEREFORE, the City of Renton does hereby authorize the release of the restrictive covenant described above on the land described above. IN WITNESS WHEREOF, said City has caused this instrument to be executed this ____day of_______________________ 20____. City of Renton ______________________________________________________ Dennis Law, Mayor 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 27 of 164 2 _____________________________________________________ Bonnie Walton, City Clerk STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ___________________________________________ and ________________________________________ signed this instrument and acknowledged that he/she/they was/were authorized to execute the instrument and acknowledged it as the ______________________ and ____________________ of the City of Renton to be the free and voluntary of such party/parties for the uses and purposes mentioned in the instrument. _____________________________________________________ Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: __________________________________________ 5c. ‐ Community and Economic Development Department recommends  approval to release a restrictive covenant recorded under King County Page 28 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2012 Neighborhood Project Grant Applications Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Community Services Staff Contact: Norma McQuiller, Neighborhood Program Coordinator, Ext. 6595 Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ 27,662 Transfer Amendment: $ Amount Budgeted: $ 92,590 Revenue Generated: $ Total Project Budget: $ 92,590 City Share Total Project: $ 27,662 SUMMARY OF ACTION: The City Council appropriated $92,590 in the 2012 General Fund budget for the three Neighborhood Grant Programs: Neighborhood Newsletter/Communication Grants; Major Neighborhood Project Grants; and Neighborhood Mini-Grants. The Neighborhood Program announced the availability of funds in January for the Newsletter/Communication Grants for Officially Recognized neighborhoods. The total amount of the approved communication grant requests came to $9,114.00, leaving a balance of $83,476 for the remaining two Neighborhood Project Grant categories. Ten Major Project Grant applications were received and the total amount of requests for the major Project Grants comes to $65,755. The Interdepartmental Grant Review Team analyzed the applications and recommended nine projects for funding, based on the criteria of meeting the overall objectives of the Neighborhood Program, for a total of $27,662. This will leave a remaining balance of $55,814 to be available for the Mini-Grant Program. STAFF RECOMMENDATION: Approve nine of the requested 2012 Neighborhood Project Grants and authorize expenditures for a total of $27,662 from the allocated Neighbood Program funds. 5d. ‐ Community Services Department reports submission of grant  applications for the 2012 Neighborhood Grant Program and recommends Page 29 of 164 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:April 23, 2012 TO:Rich Zwicker, Council President Members of City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Administrator STAFF CONTACT:Norma McQuiller, Neighborhood Program Coordinator (x6595) SUBJECT:2012 Neighborhood Project Grant Applications ISSUE: Should the nine (9) 2012 Neighborhood Project Grant applications be approved for funding? RECOMMENDATION: Approve nine (9) of the requested 2012 Neighborhood Project Grants and authorize expenditures for a total of $27,662 from the allocated Neighborhood Program funds. BACKGROUND SUMMARY: The City Council appropriated $92,590 in the 2012 General Fund budget for the three Neighborhood Grant Programs: Neighborhood Newsletter/Communication Grants; Major Neighborhood Project Grants; and Neighborhood Mini-Grants. The Neighborhood Program announced the availability of funds in January for the Newsletter/ Communication Grants for Officially Recognized neighborhoods. The total amount of the approved communication grant requests came to $9,114.00, leaving a balance of $83,476 for the remaining two Neighborhood Project Grant categories. Ten Project Grant applications were received for a total request of $65,755 in funding. The Interdepartmental Grant Review Team analyzed the applications and recommended nine projects for funding based on the criteria of meeting the overall objectives of the Neighborhood Program which are: §Project size, location, and complexity are appropriate for the neighborhood group. §Project was developed with a realistic budget. §Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project. §Project includes maintenance after project completion. §Physical improvements are visible and benefit a large area of a community. §Project demonstrates networking, self-help, and neighborhood organization. 5d. ‐ Community Services Department reports submission of grant  applications for the 2012 Neighborhood Grant Program and recommends Page 30 of 164 Rich Zwicker, Council President Members of City Council April 23, 2012 Page 2 of 5 h:\agenda bills-issue papers-com rpts\2012\2012 neighorhood project grants\2012 neighborhood proj grants issue paper 04 13 2012.docx 4/17/2012 Sufficient matching funds exist through volunteer labor, cash, or donated labor and/or materials. A total of $27,662 in matching funds is recommended, which will leave a balance of $55,814 available for the Mini-Grants Program and possible funding for a second round of Project Grants. These approved applications are listed in the following table with a brief project synopsis immediately afterwards. 2012 Neighborhood Project Grant Recommendations Requested Amount* Recommended Amount* Evendell Homeowners Association $4,000 $4,000 Falcon Ridge Homeowners Association $2,111 $2,111 LaCrosse Homeowners Association $2,300 $2,300 Liberty Grove Homeowners Association $3,444 $3,444 South Renton Neighborhood Association $5,000 $5,000 Renton Hill Neighborhood Association $2,972 $2,972 Sunset Neighborhood Association $15,906 $5,088 Tiffany Park Neighborhood Association $1,048 $1,048 VerCello Homeowners Association $1,699 $1,699 Victoria Hills Homeowners Association $27,275 N/A TOTAL $65,755 $27,662 * Note: The above amounts are rounded to the nearest dollar. Neighborhood Grant Request Total Project Cost Project Description Meets Neighborhood Program Objectives Evendell Homeowners Association $4,000 $8,000 Two engraved granite neighborhood entry signs. Residents will landscape around signs with perennial plants to help showcase the signs. Yes Signs are attractive, will provide a neighborhood identity and also pride and ownership. Landscaping is appropriate and good project for parents and children. Falcon Ridge Homeowners Association $2,111 $4,222 Reconstruct current footbridges located in the neighborhood on SE 8th Drive and SE 8th Place and Yes Project will connect residents within their community and instill pride and ownership. 5d. ‐ Community Services Department reports submission of grant  applications for the 2012 Neighborhood Grant Program and recommends Page 31 of 164 Rich Zwicker, Council President Members of City Council April 23, 2012 Page 3 of 5 h:\agenda bills-issue papers-com rpts\2012\2012 neighorhood project grants\2012 neighborhood proj grants issue paper 04 13 2012.docx 4/17/2012 Neighborhood Grant Request Total Project Cost Project Description Meets Neighborhood Program Objectives landscape by adding perennial plants. Project also includes reconstructing the stone wishing well sitting on public right-of-way. Reconstruction of bridges will be limited to a one-time funding through the Neighborhood Grant Program, as bridges will need to be reconstructed every 15 years. Hereafter, any maintenance, replacement, or reconstruction will be the responsibility of the HOA. LaCrosse Homeowners Association $2,300 $4,600 Addition of a storage shed to an existing community garden to be shared by all gardeners of LaCrosse. The residents will be purchasing a kit and constructing the shed themselves. Yes Great project that serves the neighborhood garden. Surplus garden produce will continue to be donated to those in need. Prior funding for the garden has proven highly successful. Liberty Grove Homeowners Association $3,444 $6,888 Revitalize the common area that was left in disarray by the builder by installing a) timbers around the perimeter of the play area, b) safety surfacing, and, c) grading the rough boundary within the play area. Yes Project will bring the children’s playground up to State standards, which was overlooked when the neighborhood was in the County. Hopefully, this project will create a domino effect for future projects for the neighborhood as a whole. Call before you dig is a requirement. 5d. ‐ Community Services Department reports submission of grant  applications for the 2012 Neighborhood Grant Program and recommends Page 32 of 164 Rich Zwicker, Council President Members of City Council April 23, 2012 Page 4 of 5 h:\agenda bills-issue papers-com rpts\2012\2012 neighorhood project grants\2012 neighborhood proj grants issue paper 04 13 2012.docx 4/17/2012 Neighborhood Grant Request Total Project Cost Project Description Meets Neighborhood Program Objectives Renton Hill Neighborhood Association $2,972 $5,944 Refurbish and reinforce the two entry signs, located at S. 4th and Main and S. 3rd and Cedar, and protect them from vandals. Also, add new plants around sign on Cedar Avenue S. to enhance the sign. Yes Both signs are located at busy street intersections and are highly visible to the public. This project will continue to foster relationships within the Renton Hill community. South Renton Neighborhood Association $5,000 $10,000 Phase one of the project is to work with the Arts Commission to develop a concept for the installation of a future life-size replica of cattle, close to the railroad trestle on Shattuck that was historically known as the “Four Cow Bridge.” This project will be done in three different phases. Yes This will allow the neighborhood to re-brand itself through the “Four Cow Bridge” concept. Match will include not only the residents of South Renton, but business leaders, the Renton Arts Commission, and the City of Renton Neighborhood Program. Sunset Neighborhood Association $15,906 $10,176 After implementing a very successful community garden with Neighborhood Program Grant funds in 2011, residents want to enhance the garden by adding cold weather frames, a green house, locks for shed and gate, fruit trees, and a picnic shelter. The supplies also include an outside sink to wash hands and produce. The Calvary Baptist Church will continue to support the garden by providing water for the site. Yes – Approve Partial Amount of $5,088 The garden provides great value to the community. It has brought many residents together and has fostered a sense of community within the Renton Highlands. All spaces are being used this year and excess produce will be shared with those in need. Many of the supplies requested in the grant application are justifiable, but it was the opinion of the interdepartmental grant review team that a picnic shelter is not a good choice for City funds as the overall long-term continued use of the space is not guaranteed. 5d. ‐ Community Services Department reports submission of grant  applications for the 2012 Neighborhood Grant Program and recommends Page 33 of 164 Rich Zwicker, Council President Members of City Council April 23, 2012 Page 5 of 5 h:\agenda bills-issue papers-com rpts\2012\2012 neighorhood project grants\2012 neighborhood proj grants issue paper 04 13 2012.docx 4/17/2012 Neighborhood Grant Request Total Project Cost Project Description Meets Neighborhood Program Objectives Tiffany Park Neighborhood Association $1,048 $2,096 The project consists of building a kiosk in the Ginger Creek Urban Park as a way for neighbors to communicate and provide information within their neighborhood. Also, will plant mature and drought resistant plants, such as azaleas and rhododendrons. Yes The neighborhood residents continue to enhance the park taking it from weed infested to a modest park, creating an asset for the neighborhood. The residents continue to maintain the park by cleaning out weeds, mowing, and pruning trees and shrubbery. VerCello Homeowners Association $1,699 $3,398 Residents will plant six arbor vitae at each monument leading into the VerCello neighborhood. Will also add some perennials, mulch or bark, and include a clean-up of the neighborhood. Yes VerCello is a fairly new neighborhood and the project will afford the opportunity for neighbors to get out and meet each other as well as build pride and ownership in their neighborhood. Victoria Park Homeowners Association $27,275 $70,310 Residents want to place seven (7) surveillance cameras throughout their neighborhood in an effort to deter crime in their neighborhood. N/A The interdepartmental grant review team reviewed the application and it has been referred to the City of Renton Police Department to follow up with the residents of the Victoria Park HOA. CONCLUSION: The Neighborhood Grant Program continues to provide neighborhood associations with opportunities to promote and improve their community while getting to better know their neighbors. The recommended expenditures are an appropriate use of City funds. cc:Bonnie Rerecich, Community Services, Neighborhoods, Resources and Events Manager Norma McQuiller, Community Services, Neighborhood Coordinator Jennifer Jorgenson, Community Services Administration 5d. ‐ Community Services Department reports submission of grant  applications for the 2012 Neighborhood Grant Program and recommends Page 34 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Bleacher Retrofit Kits Meeting: Regular Council - 23 Apr 2012 Exhibits: Notice of Completion of Public Works Contract Submitting Data: Dept/Div/Board: Community Services Staff Contact: Todd Black, x-6571 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 3,248.36 Transfer Amendment: $NA Amount Budgeted: $ 60,000.00 Revenue Generated: $NA Total Project Budget: $ 71,139.16 City Share Total Project: $ NA SUMMARY OF ACTION: The project was awarded on October 13, 2011. Construction began on December 6, 2011, and was completed on February 9, 2012. The original contract was $66,866.18, and the final contract was $70,948.57, an increase of $4,082.39, or 6%. The increase in cost was due to the replacement of one defective bleacher understructure prior to the retrofit kit installation. The total project budget was $71,139.16, due to a use tax in the amount of $190.57 on an invoice for a performance bond that did not include tax. Finance checked with the Department of Revenue, who verified that performance bonds are part of the contract that are subject to retail sales tax. The amount originally budgeted for the project was $60,000.00. Additional funding was obtained from the Parks Operating fund ($6,866.18), and from the Highlands Library Natural Area line item in the Capital Improvement fund ($4,272.98). STAFF RECOMMENDATION: Accept the project, approve the retention in the amount of $3,248.36 after 60 days, subject to the receipt of all required authorizations. 5e. ‐ Community Services Department submits CAG‐11‐183, Park  Bleacher Retrofit Kits project; and requests approval of the Page 35 of 164 5e. ‐ Community Services Department submits CAG‐11‐183, Park  Bleacher Retrofit Kits project; and requests approval of the Page 36 of 164 5e. ‐ Community Services Department submits CAG‐11‐183, Park  Bleacher Retrofit Kits project; and requests approval of the Page 37 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Memorandum of Understanding with Seattle-King County Health Department Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Memorandum of Understanding Resolution Submitting Data: Dept/Div/Board: Community Services Staff Contact: Dennis Conte, Facilities Supervisor, Ext. 6643 Recommended Action: Refer to Public Safety Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Seattle-King County Health Department (Health Department) owns Emergency Preparedness Containers that hold medical supplies for use during a regional emergency or disaster and the City has space suitable for storing one (1) Emergency Preparedness Container (container). The Health Department will arrange for delivery of the container to the site, will have access to the container at any time, may add or remove supplies within the container, or arrange for the container to be moved from the City parking lot at any time during the term of the Memorandum of Understanding, as long as they provide adequate notification to the City. The Health Department shall be responsible to fund and complete repairs deemed necessary because of vandalism, graffiti or aging. The City would provide a site supervisor, in the case the Facilities Emergency Operation Liaison, or his designee as necessary. This Memorandum of Understanding will benefit citizens of Renton in the event of a regional emergency or disaster. STAFF RECOMMENDATION: Authorize the Mayor, City Clerk, and Attorney to sign the Memorandum of Understanding. 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 38 of 164 c:\documents and settings\dwagner\local settings\temporary internet files\content.outlook\eoh4zpbd\issuepaperfd40moufs17pm.doc COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:April 16, 2012 TO:Rich Zwicker, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Dennis Conte, Facilities Supervisor, Ext. 6643 SUBJECT:Memorandum of Understanding between the City of Renton and Seattle-King County Department of Public Health Issue: Should the Council authorize the Mayor, City Clerk and City Attorney to sign a Memorandum of Understanding (MOU) with Seattle-King County Department of Public Health (Health Department) wherein the City provides storage space for one (1) Emergency Preparedness Container in the parking lot located at 1719 Maple Valley Highway, Renton. Recommendation: Council authorize the Mayor, City Clerk and City Attorney to sign the Memorandum of Understanding with the Health Department. Background: The Health Department owns Emergency Preparedness Containers that hold supplies for use during a regional emergency or disaster and the City has space suitable for storing one Emergency Preparedness Container. The Health Department will arrange for delivery of the container to the site. The Health Department will have access to the container at any time, may add or remove supplies within the container, or arrange for the container to be moved from the City parking lot at any time during the term of the MOU, as long as they provide adequate notification to the City. The Health Department shall be responsible to fund and complete repairs deemed necessary because of vandalism, graffiti or aging. The City would provide a site supervisor, in the case the Facilities Emergency Operation Liaison, or his designee as necessary. The duty of the supervisor will be to represent the best interest of the City while the emergency preparedness container is on site. The duty shall include monthly visual inspections of the exterior of the container, providing the Health Department with unobstructed access to the container upon request, reviewing proposed changes to this MOA, and coordinating all ancillary activities. 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 39 of 164 Rich Zwicker, Council President Members of the Renton City Council Page 2 of 2 April 16, 2012 Conclusion: This Memorandum of Understanding will benefit citizens of Renton in the event of a regional emergency or disaster. cc:Jay Covington, Chief Administrative Officer Terry Higashiyama, Community Services Administrator Deborah Needham, Emergency Management Director Mark Peterson, Fire Chief/Emergency Management Administrator Peter Renner, Facilities Director Larry Warren, City Attorney 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 40 of 164 MEMORANDUM OF UNDERSTANDING By and Between The City of Renton, Washington and The Seattle-King County Department of Public Health This Memorandum of Understanding (MOU) is entered into between the City of Renton, Washington (CITY) and the Seattle-King County Department of Public Health (Health Department). WHEREAS, the CITY and the Health Department have a mutual interest and benefit in the orderly storage and allocation of medical supplies for use during an emergency or disaster, and WHEREAS, the Health Department owns EMERGENCY PREPAREDNESS CONTAINERS that contain medical supplies for use during a regional emergency or disaster, and the CITY has space suitable for storing one EMERGENCY PREPAREDNESS CONTAINER . NOW THEREFORE, the parties agree as follows: The CITY shall provide storage space for one EMERGENCY PREPAREDNESS CONTAINER in the parking lot located at 1719 Maple Valley Highway, Renton, WA 98057. The CITY shall provide the storage space at no cost to the Health Department. The CITY shall provide a site supervisor, in this case the Facilities Emergency Operations Liaison and his designees as necessary. The duty of this supervisor will be to represent the best interests of the CITY while the EMERGENCY PREPAREDNESS CONTAINER is on site. This duty shall include the following: monthly visual inspections of the exterior of the container; providing the Health Department with unobstructed access to the container upon request by the Health Department; reviewing proposed changes to this MOU; and coordinating all ancillary activities that will allow Health Department / Public Health to continue full time service with maximum effectiveness and efficiency. The CITY shall not move the container or access the interior of the container without the prior consent of the Health Department. The Health Department shall arrange for delivery of the container to the CITY parking lot. While the container is stored at the CITY parking lot, the Health Department may have access to the container at any time, including the interior of the container, and may add to or remove the supplies within the container at any time. The Health Department will provide adequate notification to the City when supplies need to be accessed or moved into the container. The Health Department shall be responsible to fund and complete the repairs that it deems necessary for vandalism, graffiti, or aging. This MOU is effective upon signature of both Parties. Either Party may terminate this MOU with written notification to the other Party no less than ninety (90) calendar days in advance of 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 41 of 164 the termination date. The Health Department may arrange for the container to be moved from the CITY parking lot at any time during the term of the MOU and will provide notice to the CITY of such arrangements. This MOU may be modified by written agreement of the Parties. There are no third party beneficiaries to the MOU, and this MOU shall not impart any rights enforceable by any persons or entity that is not a party thereto. Dated: 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 42 of 164 City of Renton, Washington Dennis Law, Mayor Seattle and King County Public Health Benjamin Leifer, MPH Chief Administrative Officer ATTEST: City Clerk, Bonnie I. Walton ATTEST: City Attorney, Lawrence J. Warren 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 43 of 164 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 44 of 164 5f. ‐ Community Services Department recommends approval of a  Memorandum of Understanding with Seattle‐King County Department of Page 45 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: MOU with Fire District #40 Providing Communication and Technology Services Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Memorandum of Understanding with KCFPD #40 Resolution Submitting Data: Dept/Div/Board: Executive Staff Contact: Kelley Balcomb-Bartok Recommended Action: Refer to Finance Committee. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$38,000 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: King County Fire Protection District #40 would contract with the City of Renton for the following professional services: 1. Communication Division staff to provide professional communication services for the district, including producing newsletters, informational flyers, web support, maintain the district's website, and community outreach on behalf of the district. 2. Finance and Information Technology Division to provide technology seervices at Fire Station #13 for their district staff member, including maintaining a separate phone line, voicemail, stand-alone computer with internet connection, computer server, and other thechnical support. STAFF RECOMMENDATION: Approve the Memorandum of Understanding with King County Fire Protection District 340 regarding communication and technology services and authorize the Mayor and City Clerk to sign. 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 46 of 164 h:\exec\kelley\fire district 40\fire dist#40 issue‐paper_final.doc  EXECUTIVE DEPARTMENT  COMMUNICATIONS DIVISION    M   E   M   O   R   A   N   D   U   M       DATE: April 16, 2012    TO: Rich Zwicker, Council President  Members of the Renton City Council     VIA: Denis Law, Mayor     FROM: Preeti Shridhar, Communications Director      STAFF CONTACT: Kelley Balcomb‐Bartok, Communication Specialist (x 6567)     SUBJECT: MOU with Fire Protection District #40   Providing Communication and Technology Services       ISSUE:  Should the City of Renton enter into a Memorandum of Understanding with Fire  Protection District #40 to provide the District with Communication Division support and  FIT Department technology services?    RECOMMENDATION:  Staff recommends the Council authorize the Mayor and City Clerk to sign the  Memorandum of Understanding.    BACKGROUND SUMMARY:  Fire Protection District #40 would like the City of Renton Communications Division staff  to provide professional communication services for the district, including producing  newsletters, informational flyers, web support, maintain the district’s website, and  community outreach on behalf of the district. Information provided to the public would  include content that focuses on certain key topics such as promoting fire prevention,  budget updates, fire station remodel, upcoming meetings, and more.    In addition, Fire Protection District #40 would like the City of Renton to provide  technology services at Fire Station #13 for their district staff member, including  maintaining a separate phone line, voicemail, stand‐alone computer with internet  connection, computer server, and other technical support.    The city’s Communication Division agrees to produce and distribute to District 40  residents two 8‐page newsletters per year, up to two special occasion informational  flyers per year, web support, and community outreach on the District’s behalf as  specified in the MOU.    5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 47 of 164 Rich Zwicker, Council President/Renton City Council  Page 2 of 2  April 16, 2012      h:\exec\kelley\fire district 40\fire dist#40 issue‐paper_final.doc  The city’s FIT Department agrees to provide technology services at Fire Station #13 for  their district staff member, including maintaining a separate phone line, voicemail,  stand‐alone computer with internet connection, computer server, and other technical  support as specified in the MOU.    Fire Protection District #40 agrees to compensate the city up to Thirty‐two thousand  dollars ($32,000) per year for Communication Division services, and Six Thousand dollars  ($6,000) per year for Technology services provided by the city and specified in the MOU.    CONCLUSION:  It is in the best interest of the citizens of both the City of Renton and Fire Protection  District #40 for the parties to enter into this agreement. This MOU would provide both  the City and the District with a continuity of services while providing residents of District  #40 with invaluable safety and other district information.  5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 48 of 164 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 49 of 164 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 50 of 164 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 51 of 164 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 52 of 164 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 53 of 164 5g. ‐ Executive Department recommends approval of a two‐year  Memorandum of Understanding with King County Fire Protection District  Page 54 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: MOU Between City of Renton and King County Sheriff's Office Meeting: Regular Council - 23 Apr 2012 Exhibits: Memorandum of Understanding Resolution Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Bill Flora/Kathy Michelsohn Recommended Action: Refer to Public Safety Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The King County Sheriff's Office approached Renton Fire & Emergency Services Department with a request to enter into an agreement for the ability to use a portion of Fire Station 16 for their deputies to complete paperwork, return calls and to store forms in a locked two drawer cabinet provided by King County. The use would not conflict with the fire department's utilization of any area of the station. The Sheriff's Office would not use the station for meetings with citizens or interrogation of suspects. Renton Firefighters and King County Sheriff Deputies frequently work together at emergency incidents in the unincorporated area that Fire Station 16 services. It is important that both parties understand their mutual roles on scene and reliance upon each other for the safety of the incident. This is improved by the ability to interact in a non-emergency setting, discussing the various roles and situations that each other face. While there is no reimbursement for this privilege, the benefits to Renton and the fire department are significant. This type of arrangement has been a long standing tradition with fire stations and districts that serve the unincorporated areas of the county. The implementation of this MOU will continue to enhance the good working relationship we experience with King County Sheriff's Office. STAFF RECOMMENDATION: Approve the MOU with King County Sheriff's Office for use of portions of Renton Fire Station 16 and adopt the Resolution. 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 55 of 164 Page 1 of 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RENTON AND KING COUNTY RELATING TO THE USE OF PORTIONS OF RENTON FIRE STATION NO. 16 BY THE KING COUNTY SHERIFF’S OFFICE THIS Memorandum of Understanding (“the Agreement”) is entered into by and between KING COUNTY, a political subdivision of the State of Washington (hereinafter referred to as “King County”), and the CITY OF RENTON, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as “Renton”) and in conformity with Chapter 39.34 RCW, for the use of a portion of the public areas of Renton Fire Station No. 16, commonly located at 12923 156th Ave SE, Renton, Washington 98059-8515 (“the Premises”). RECITALS WHEREAS, King County currently operates and maintains its own King County Sheriff’s Department to provide law enforcement and other services incidental to the protection of persons and property in King County in areas adjacent to the corporate limits of Renton; and WHEREAS, King County has requested the use of a portion of public areas of Renton Fire Station No. 16 to permit its law enforcement officers to complete paperwork, return telephone calls and to store necessary forms in a locked, two drawer file cabinet to be provided by the King County Sheriff’s Department; and WHEREAS, such use by King County of public areas within Renton Fire Station No. 16 will not conflict with the building’s principal use and purpose as a facility for Renton to operate its own professional fire fighting service and storage and use of necessary and required fire apparatus and equipment; and NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: AGREEMENT 1. Purpose of the Agreement. This Agreement is entered into for the express purpose of allowing the King County Sheriff’s Office to use a portion of public areas of the Premises to permit its law enforcement officers to complete paperwork, return telephone calls and to store necessary forms in a locked, two drawer file cabinet to be provided by the King County Sheriff’s Office. 2. Duration and Termination. The initial term of this Agreement shall begin upon execution by both parties and extend until termination. Either party may terminate this Agreement by providing written notice of such intent to terminate at least thirty (30) days prior 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 56 of 164 Page 2 of 4 to the termination date. 3. Premises. Renton will retain all right, title, interest and occupancy in the Premises. King County shall be permitted to use public areas of the station solely for purposes associated with law enforcement limited to completion of paperwork, returning telephone calls, and storing necessary forms in a locked, two drawer file cabinet provided by the King County Sheriff’s Department. The premises shall not be used for meetings or appointments with citizens or members of the public and law enforcement officers of the King County Sheriff’s Office. 4. Fees and Reimbursements. Renton will provide the use of the public areas of the Premises at no cost to King County for the duration of this Agreement. All expenses related to King County’s use of the Premises shall be the responsibility of King County. 5. Indemnification. King County agrees to and shall hold harmless, defend and indemnify Renton and its officers, agents and representatives, from and against any liability and damages, and claims of such liability and damages arising out of or in connection with performance of this Agreement and/or use of the Premises referenced in paragraph 3 above by King County, except to the extent that the same is caused by the negligence of Renton or its officers, agents and representatives to be indemnified under this Section. No claim or litigation shall be settled without prior approval of Renton. King County further agrees to indemnify Renton against any claims growing out of this agreement brought against it by any King county employees despite the immunities provided by RCW Title 51. This Section shall remain in force despite termination or expiration of this Agreement with respect to acts and/or omissions occurring before termination of this Agreement (whether by expiration of the term or otherwise). 6. Insurance. The City of Renton acknowledges, agrees and understands that King County is self-insured for all of its liability exposures. King County agrees, at its own expense, to maintain through its self-insurance program coverage for its liability exposures for the duration of this Agreement. King County agrees to provide The City of Renton with at least 30 days prior written notice of any change in King County's self-insured status and upon request will provide The City of Renton with a letter of self-insurance as adequate proof of insurance. 7. Dispute Resolution, Venue and Governing Law. It is the parties’ intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by the respective City Administrator and respective 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 57 of 164 Page 3 of 4 representatives of the King County Sheriff’s Office within thirty (30) days from the date of a written request by either party hereto, and if unsuccessful, then the parties agree to submit the dispute to non-binding mediation/dispute resolution, the cost of which shall be borne equally by the parties hereto. Venue for any action relating to enforcement of this Agreement shall be solely in Thurston County Superior Court. This agreement shall be governed by the laws of the State of Washington. 8. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of King County an employee of Renton, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker’s compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party’s employee by virtue of their employment. At all times pertinent hereto, employees of King County are acting as King County employees and employees of Renton are acting as Renton employees. 9. Partial Invalidity and Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. 10. Assignability. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 11. No Third-Party Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. 12. Entire Proposal. This proposal constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in this Agreement. Proposed changes, modifications or amendments that are mutually agreed upon shall be incorporated by written amendment hereto and become part of this Agreement when signed and executed by the parties hereto. 13. Duplicate Originals. This Agreement shall be executed with duplicate originals, with each duplicate original having the same force and effect as the other. AGREED TO THIS _____ day of _____________________________, 2012. CITY OF RENTON KING COUNTY 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 58 of 164 Page 4 of 4 ________________________________________________________________ Dennis Law, Mayor Steven Strachan, King County Sheriff’s Office __________________________________ Mark Peterson, Fire Chief/Emergency Services Administrator Approved As To Form: March 16, 2012 Approved As To Form: March 16, 2012 ________________________________________________________________ Larry Warren, City Attorney Patty Shelledy, KCSO Legal Advisor Attest: __________________________________ City Clerk 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 59 of 164 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 60 of 164 5h. ‐ Fire and Emergency Services Department recommends approval of  a Memorandum of Understanding with the King County Sheriff's Office Page 61 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Cooperative Purchasing Agreement with Grays Harbor County Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Cooperative Purchasing Agreement Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: David Hohn (ext. 7440) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City of Renton would like to enter into a Cooperative Purchasing Agreement with Grays Harbor County in order to expedite the purchase of capital items. Interlocal cooperative purchasing has long been established and encouraged in the City of Renton Policy and Procedure 250-02. Entering into this agreement will allow the City to buy competitively using Grays Harbor County contracts and satisfy all of the statutory obligations for public bid. Entering into this agreement will save the City considerable time and expense by eliminating the need to conduct our bids and advertising on the purchase of specific items when the county has already completed this process. Instituting this agreement will provide a quicker and more responsive delivery of materials and equipment to the City. STAFF RECOMMENDATION: Approve the Resolution authorizing the Mayor and City Clerk to enter into a Cooperative Purchasing Agreement with Grays Harbor County. 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 62 of 164 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:April 2, 2012 TO:Rich Zwicker, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Public Works Administrator STAFF CONTACT:David Hohn, Fleet Manager SUBJECT:Interlocal Cooperative Purchasing Agreement with Grays Harbor County ISSUE: Should Council authorize the Mayor and City Clerk to enter into a Cooperative Purchasing Agreement with Grays Harbor County? RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a Cooperative Purchasing Agreement with Grays Harbor County. BACKGROUND SUMMARY: Intergovernmental cooperative purchasing has long been established and encouraged in the City of Renton Policy and Procedure 250-02. Entering into this agreement will allow the City to make purchases using Grays Harbor County contracts and satisfy all of the statutory obligations for public bid. Entering into this agreement will save the City considerable time and expense by eliminating the need to conduct our own bids and advertising on the purchase of specific items when the county has already completed this process. More specifically, the City has recently received a bid from Kenworth Truck for purchase of a new dump truck that will replace dump truck number D-77, which will be relocated to the Airport. D-77 is capable of serving as a snow plow during inclement weather and will serve the Airport in this capacity as well as meet other maintenance needs. Instituting this agreement will provide a quicker and more responsive delivery of this vehicle and similar vehicles that may be purchased in the future. 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 63 of 164 Rich Zwicker, Council President Members of the Renton City Council Page 2 of 2 April 2, 2012 H:\File Sys\ADM - PBPW Adminstration\Admin Sec II\2012\Agenda Bills\grays harbor interlocal agrmt issue paper 040212.doc CONCLUSION: The Cooperative Purchasing Agreement with Grays Harbor County is a highly efficient way for the City of Renton to purchase capital items. Entering into this agreement would eliminate the time needed to advertise and award bids thereby reducing the purchasing time for capital items by a minimum of two weeks. cc:Iwen Wang, Administrative Services Administrator Mike Stenhouse, Maintenance Services Director David Hohn, Fleet Manager JoAnn Wykpisz, Principal Financial & Administrative Analyst Vanessa Poorman, Maintenance Buyer 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 64 of 164 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT THIS AGREEMENT is between GRAYS HARBOR COUNTY, a Washington State political subdivision, and the CITY of RENTON, a municipal corporation of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for the intergovernmental disposition of property; and WHEREAS, the parties desire to utilize each other’s procurement agreements when it is in their mutual interest; NOW, THEREFORE, the parties agree as follows: 1.PURPOSE: The purpose of this agreement is to acknowledge the parties’ mutual interest to jointly bid the acquisition of goods and services and to dispose of property where such mutual effort can be planned in advance and to authorize the acquisition of goods and services and the purchase or acquisition of goods and services under contract where a price is extended by either party’s bidder to other governmental agencies. 2.ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3.SCOPE: This agreement shall allow the following activities: A.Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B.Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract. C.Disposal of goods by each party acting as agent for either, or both parties when agreed to in advance, in writing. 4.DURATION AGREEMENT – TERMINATION: This agreement shall remain in force until canceled by either party in writing. 5.RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 6.COMPLIANCE WITH LEGAL REQUIREMENTS: Each party accepts the responsibility for compliance with federal, state or local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services or disposal of property. 7.FINANCING: The method of financing of payment shall be through budgeted funds or other available funds 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 65 of 164 of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition price of any goods or services intended for use by the other party. 8.FILING: Executed copies of this agreement shall be filed or posted on a website as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9.INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for goods a provision disclosing that other authorized governmental agencies may also wish to procure the goods being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 10.NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 11.HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the party of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. 12.SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or enforceability, without involving the remaining provisions or affecting the validity or enforcement of such provisions. GRAYS HARBOR COUNTY BY: __________________________________ Terry Willis, Chairman ___________________________________ Mike Wilson, Commissioner ___________________________________ Herb Welch, Commissioner ATTEST: __________________________________ Clerk of the Board Approved to as form: __________________________________ James Baker Prosecuting Attorney CITY OF RENTON BY: __________________________________ Mayor ATTEST: ___________________________________ City Clerk ___________________________________ Date Approved to as form: BY: __________________________________ Renton City Attorney 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 66 of 164 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 67 of 164 5i. ‐ Public Works Department recommends approval of an interlocal  cooperative purchasing agreement with Grays Harbor County for goods  Page 68 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Construction Management Services Agreement with Perteet, Inc. for South Lake Washington Roadway Improvements (Garden Avenue Widening) Project Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Consultant Agreement Submitting Data: Dept/Div/Board: Public Works Staff Contact: James Wilhoit, Transportation Design Project Manager, x7319 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $199,506 Transfer Amendment: $ Amount Budgeted: $ $2,614,400 Revenue Generated: $ Total Project Budget: $ $2,664,400 City Share Total Project: $ $1,103,901 SUMMARY OF ACTION: The scope and magnitude of construction of this project and the recordkeeping that it requires make it necessary to retain a professional consulting firm to provide construction management services. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with Perteet, Inc. in the amount of $199,506 to provide construction management services for the South Lake Washington Roadway Improvements (Garden Avenue Widening) Project. 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 69 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 70 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 71 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 72 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 73 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 74 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 75 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 76 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 77 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 78 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 79 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 80 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 81 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 82 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 83 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 84 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 85 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 86 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 87 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 88 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 89 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 90 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 91 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 92 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 93 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 94 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 95 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 96 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 97 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 98 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 99 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 100 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 101 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 102 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 103 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 104 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 105 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 106 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 107 of 164 5j. ‐ Transportation Systems Division recommends approval of a contract  in the amount of $199,506 with Perteet, Inc. for construction  Page 108 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: May Creek Park Property Exchange - Amendment Number 4 to Project Agreement 92-298A with the Washington State Recreation and Conservation Office Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Amendment No. 4 Submitting Data: Dept/Div/Board: Public Works Staff Contact: James Wilhoit, Transportation Design Project Manager (x7319) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ $9,475,541 City Share Total Project: $ SUMMARY OF ACTION: This action will finalize conveyance by King County to the City of Renton of a portion of adjacent real property known as the "Brant" property in exchange for right-of-way property along the May Creek Park, a sight easement and an Agreement to Reconstruct Driveway (to construct the new access to May Creek Park), all of which the City is dedicating to the roadway widening for the King County Coal Creek Parkway. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the proposed Amendment Number 4 to the Project Agreement 92-298A with Washington State Recreation and Conservation Office. 5k. ‐ * Transportation Systems Division recommends approval of  Amendment No. 4 to CAG‐93‐112, with the Washington State Recreation Page 109 of 164 5k. ‐ * Transportation Systems Division recommends approval of  Amendment No. 4 to CAG‐93‐112, with the Washington State Recreation Page 110 of 164 5k. ‐ * Transportation Systems Division recommends approval of  Amendment No. 4 to CAG‐93‐112, with the Washington State Recreation Page 111 of 164 5k. ‐ * Transportation Systems Division recommends approval of  Amendment No. 4 to CAG‐93‐112, with the Washington State Recreation Page 112 of 164 5k. ‐ * Transportation Systems Division recommends approval of  Amendment No. 4 to CAG‐93‐112, with the Washington State Recreation Page 113 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Joint Utility Trench Construction Agreement with Comcast for the Rainier Avenue South (SR 167)- South Grady Way to South 2nd Street Project (TIP #3) Meeting: Regular Council - 16 Apr 2012 Exhibits: Joint Utility Trench Construction Agreement Submitting Data: Dept/Div/Board: Public Works Staff Contact: Derek Akesson, Project Manager, x7337 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $472,000 Transfer Amendment: $ Amount Budgeted: $ $472,000 Revenue Generated: $$472,000 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City's construction contract for the Rainier Avenue South (SR 167)- South Grady Way to South 2nd Street Project (TIP #3) includes relocation of existing Comcast facilities. The City's contractor will install new conduit for Comcast and Comcast will install new vaults and underground telecommunication lines. Comcast will reimburse the City for the cost to relocate all of their facilities located within the street right-of-way. The Joint Utility Trench Construction Agreement defines this reimbursement process for the work performed by the City's contractor. Based on the unit prices in the bid awarded to Johansen Excavating, Inc., the cost of this work is estimated to be $472,000. Per the agreement,Comcast will reimburse the City for all actual costs. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Joint Utility Trench Construction Agreement with Comcast for relocation of Comcast facilities for the Rainier Avenue South (SR 167)- South Grady Way to South 2nd Street Project (TIP #3). 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 114 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 115 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 116 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 117 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 118 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 119 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 120 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 121 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 122 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 123 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 124 of 164 5l. ‐ * Transportation Systems Division recommends approval of a Joint  Utility Trench Construction Agreement with Comcast in the amount of Page 125 of 164 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate CAG 10-142 Westview Lift Station Upgrades Contractor: First National Insurance Company of America Meeting: Regular Council - 23 Apr 2012 Exhibits: Issue Paper Final Pay Estimate Notice of Completion of Public Works Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: John Hobson, x7279 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $12,987.44 (Final Pay Est.) Transfer Amendment: $NA Amount Budgeted: $ $20,000 Revenue Generated: $NA Total Project Budget: $ $150,000 (2011), $75,000 (2012 Carry Forward)City Share Total Project: $ NA SUMMARY OF ACTION: The project was awarded on December 13, 2010. Construction began on April 8, 2011, and was completed on March 26, 2012. The original contract amount was $101,835.00 and the final amount is $135,287.50, an increase of $33,452.50 or 33 percent. The increase in cost was due to premature failure of the existing lift station pumps which required additional bypass pumping, excessive groundwater requiring grouting of the wetwell and an unknown buried, large concrete block which had to be removed prior to installation of the pump cable conduits. The amount budgeted in 2011 for the project was $150,000, of which $75,000 was included in the approved 2012 carry-forward ordinance. The total project costs will slightly exceed the $75,000 by approximately $3,500. However, there are sufficient funds within the Wastewater 426 Capital Improvement Program Fund to cover this slight exceedance. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate, in the amount of $12,987.44, and release the retainage after 60 days, subject to the receipt of all required authorizations and satisfaction of all liens filed. 5m. ‐ Utility Systems Division submits CAG‐10‐142, Westview Lift Station  Upgrades project; and requests approval of the project, commencement Page 126 of 164 5m. ‐ Utility Systems Division submits CAG‐10‐142, Westview Lift Station  Upgrades project; and requests approval of the project, commencement Page 127 of 164 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:April 10, 2012 TO:Rich Zwicker, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, PW Administrator STAFF CONTACT:John Hobson, Wastewater Utility, x7279 SUBJECT:Final Pay Estimate CAG-10-142, Westview Lift Station Upgrades, Contractor: First National Insurance Company of America ISSUE: Should the City accept the project and approve the final pay estimate for CAG-10-042 with First National Insurance Company of America for the Westview Lift Station Upgrades project? RECOMMENDATION: Accept the project, approve the final pay estimate, in the amount of $12,987.44, and release the retainage after 60 days, subject to the receipt of all required authorizations and satisfaction of all liens filed. BACKGROUND SUMMARY: Council awarded the Westview Lift Station Upgrades contract to Advanced Construction, Inc. on December 13, 2010. Due to weather constraints and equipment ordering lead time, their first working day was April 8, 2011. The City received a letter from Advanced Construction, Inc. dated June 30, 2011, notifying the City that the contractor was in default under the terms of the contract due to financial hardships. The contractor made notification that any further correspondence should be directed to their surety, First National Insurance Company of America. The City of Renton sent a letter via certified mail, dated July 14, 2011, informing the contractor’s surety that we were terminating its contract with the contractor (Advanced Construction, Inc.). The City’s letter also stated that the City was making a claim under the performance bond issued by the surety. On September 2, 2011, a takeover agreement was executed between the City and First National Insurance Company of America that formally transferred the construction contract (CAG-10-142) to the surety. In September 2011, the surety company hired Omega Contractors, Inc. to complete the 5m. ‐ Utility Systems Division submits CAG‐10‐142, Westview Lift Station  Upgrades project; and requests approval of the project, commencement Page 128 of 164 Mr. Zwicker, Council President Page 2 of 2 April 10, 2012 H:\File Sys\WWP - WasteWater\WWP-27-3536 Westview Lift Station Upgrades\PAY ESTIMATES\Issue Paper for Final of Westview Lift Station Upgrades.doc/JDHah work associated with the construction contract. Omega Contractors, Inc. commenced construction operations in mid-October and completed the work on March 26, 2012. The original contract amount was $101,835.00 and the final contract amount is $135,287.50, an increase of $33,452.50. The additional costs to complete the construction were a combination of the following unforeseen conditions: ●Premature failure of the existing Westview lift station pumps that required additional bypass pumping. ●Unexpected groundwater intrusion that required extensive grouting to allow for wetwell coating application to be completed and for the readjustment of the valve vault. ●The removal of an unknown, large block of concrete adjacent to the wetwell to allow installation of the pump cable conduits. The amount budgeted in 2011 for the project was $150,000, of which $75,000 was included in the approved 2012 carry-forward ordinance. The total project costs will slightly exceed the $75,000 by approximately $3,500. However, there are sufficient funds within the Wastewater 426 Capital Improvement Program Fund to cover this slight exceedance. CONCLUSION: The City should approve the final pay estimate for the contract, in the amount of $12,987.44, and release the retainage after 60 days, subject to the receipt of all required authorizations and satisfaction of all liens filed. cc:Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater Utility Supervisor 5m. ‐ Utility Systems Division submits CAG‐10‐142, Westview Lift Station  Upgrades project; and requests approval of the project, commencement Page 129 of 164 5m. ‐ Utility Systems Division submits CAG‐10‐142, Westview Lift Station  Upgrades project; and requests approval of the project, commencement Page 130 of 164 5m. ‐ Utility Systems Division submits CAG‐10‐142, Westview Lift Station  Upgrades project; and requests approval of the project, commencement Page 131 of 164 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 COOPERATIVE PURCHASING AGREEMENT WITH GRAYS HARBOR COUNTY. WHEREAS, interlocal cooperative purchasing has long been established and encouraged in the City of Renton's Policy and Procedure 250-02; and WHEREAS, Grays Harbor County offers other jurisdictions the option of entering into a Cooperative Purchasing Agreement for various equipment and supplies using Grays Harbor County's competitively awarded contracts; and WHEREAS, entering into this agreement will allow the City to buy competitively using Grays Harbor County contracts; and WHEREAS, entering into this agreement will save the City considerable time and expense; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an Interlocal Cooperative Purchasing Agreement with Grays Harbor County. PASSED BY THE CITY COUNCIL this day of , 2012. Bonnie I. Walton, City Clerk 1 7a. ‐ Interlocal cooperative purchasing agreement with Grays Harbor  County (See 5.i.)Page 132 of 164 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2012. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1552:4/3/12:scr 2 7a. ‐ Interlocal cooperative purchasing agreement with Grays Harbor  County (See 5.i.)Page 133 of 164 7b. ‐ Calling for a Special Election to determine the location of the  downtown King County Library System library (See Motion ‐ 4/16/2012) Page 134 of 164 7b. ‐ Calling for a Special Election to determine the location of the  downtown King County Library System library (See Motion ‐ 4/16/2012) Page 135 of 164 7b. ‐ Calling for a Special Election to determine the location of the  downtown King County Library System library (See Motion ‐ 4/16/2012) Page 136 of 164 /5W^| 4~ Mo-MIL 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 ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", SETTING THE SCHOOL IMPACT FEE AT $3,568 PER NEW SINGLE-FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT; RETAINING THE SCHOOL IMPACT FEE OF $5,486 PER NEW SINGLE FAMILY HOME AND $3,378 PER NEW MULTI-FAMILY HOME IN THE KENT SCHOOL DISTRICT; SETTING THE SCHOOL IMPACT FEE AT $6,392 PER NEW SINGLE FAMILY HOME AND $1,274 PER NEW MULTI-FAMILY HOME IN THE RENTON SCHOOL DISTRICT; AND ADOPTING THE CAPITAL FACILITIES PLANS OF THE ISSAQUAH, KENT, AND RENTON SCHOOL DISTRICTS. WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf ofthe Issaquah School District a school impact fee of $3,808 for each new single-family home built within the District's boundaries; and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District's 2011 Capital Facilities Plan, which includes an decrease in the school impact fee for new single-family homes to $3,568; and WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf ofthe 1 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 137 of 164 ORDINANCE NO. Kent School District a school impact fee of $5,486 for each new single-family home and $3,378 per new multi-family unit built within the District's boundaries; and WHEREAS, the Kent School District requested that the City of Renton adopt the District's 2011/2012 - 2016/2017 Capital Facilities Plan, which recommends no change in the school impact fee for new single-family home, which would remain at $5,486 and no change in the school impact fee for new multi-family units, which would remain at $3,378; and WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf ofthe Renton School District a school impact fee of $6,310 for each new single-family home and $1,258 per new multi-family unit built within the District's boundaries; and WHEREAS, the Renton School District requested that the City of Renton adopt the District's 2011 - 2017 Capital Facilities Plan, which recommends an increase in the school impact fee for new single-family homes to $6,392 and an increase in the school impact fee for new multi-family units to $1,274; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-160, School Impact Mitigation Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances ofthe City of Renton, Washington", is hereby amended as follows: 4-1-160 SCHOOL IMPACT MITIGATION FEES: 2 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 138 of 164 ORDINANCE NO. A. FINDINGS AND AUTHORITY: The City Council of the City of Renton (the "Council") hereby finds and determines that new growth and development in the City of Renton will create additional demand and need for school facilities, and the Council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this Section to assess school impact fees for the Issaquah School District^afrd- the Kent School District and the Renton School District. The provisions of this Section shall be liberally construed in order to carry out the purposes of the Council in establishing the school impact fee program. B. DEFINITIONS: The following words and terms shall have the following meanings for the purposes of this Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. 1. "Capital Facilities Plan" means each respective school district's District's Capital Facilities Plan adopted by the School Board consisting of: a. A forecast of future needs for school facilities based on the school district's District's enrollment projections; b. The long-range construction and capital improvements projects of the school district District; 3 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 139 of 164 ORDINANCE NO. c. The schools under construction or expansion; d. The proposed locations and capacities of expanded or new school facilities; e. At least a six (6) year Financing Plan Component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and f. Any other long-range projects planned by the school district District. 2. "City" means the City of Renton, King County, Washington. 3. "Classrooms" means educational facilities of each respective school district the District required to house students for its basic educational program. The classrooms are those facilities the school district District determines are necessary to best serve its student population. Specialized facilities as identified by the school district District, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. 4. "Construction Cost Per Student" means the estimated cost of construction of a permanent school facility in the school district District for the grade span of school to be provided, as a function of the school district's 4 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 140 of 164 ORDINANCE NO. District's design standard per grade span and taking into account the requirements of students with special needs. 5. "Design Standard" means the space required, by grade span, and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district District as identified in each respective school district's the District's Capital Facilities Plan. 6. "Developer" means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. 7. "Development Activity" means any residential construction or expansion of a building, structure or use; any change in use of a building or structure; or any change in the use of land that creates additional demand for school facilities. 8. "District" means school district and refers to either the Issaquah School District No. 411, King County, Washington, or the Kent School District No. 415, King County, Washington. 98. "Elderly" means a person aged sixty two (62) or older. 409. "Encumbered" means to reserve, set aside, or otherwise earmark the school impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. 5 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 141 of 164 ORDINANCE NO. 4410. "Fee Schedule" means the schedule set forth as Attachment B to Ordinance 4808 indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the City. 1211. "Grade Span" means the categories into which a school district District groups its grades of students, i.e., elementary school, middle or junior high school, and high school. 4£12. "Interlocal Agreement" means the interlocal agreement by and between the City of Renton and a school district the District as authorized in subsection I of this Section. 4413. "Permanent Facilities" means the facilities of a school district the District with a fixed foundation which are not relocatable facilities. 45-14. "Relocatable Facility" means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within a school district the District, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. 4615. "Relocatable Facilities Cost Per Student" means the estimated cost of purchasing and siting a relocatable facility in a school district the District for the grade span of school to be provided, as a function of a school district's the District's design standard per grade span, and taking into account the requirements of students with special needs. 6 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 142 of 164 ORDINANCE NO. 4716. "Site Cost Per Student" means the estimated cost of a site in a school district the District for the grade span of school to be provided, as a function of the school district's District's design standard per grade span, and taking into account the requirements of students with special needs. 4817. "Standard of Service" means the standard adopted by a school district the District which identifies the program year, the class size by grade span, and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the school district District believes will best serve its student population, and other factors as identified by a school district the District. The school district's District's standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pursuant to a Board resolution, "transitional facilities" shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the school district District has the necessary financial commitments in place to complete the permanent facilities called for in the school district's Capital Facilities Plan. 4918. "Student Factor" means the number derived by the school district District to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on a school district's District records of average actual student generation rates for new 7 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 143 of 164 ORDINANCE NO. developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided, that if such information is not available in the school district District, data from adjacent districts, districts with similar demographics, or countywide averages may be used. Student factors must be separately determined for single family and multi-family dwelling units, and for grade spans. C. SCHOOL IMPACT FEE PROGRAM ELEMENTS: 1. School J-impact fees wi" be assessed on all residential development activity in that portion ofthe City located within each respective school district's the District's boundaries based on the provisions of subsection E of this Section. 2. The school impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. 3. The school impact fee shall be based on a Capital Facilities Plan developed by the appropriate school district Pistfiet and approved by the School Board, and adopted by reference by the City as part of the Capital Facilities Element ofthe City's Comprehensive Plan. D. SCHOOL IMPACT FEE CALCULATIONS: 1. Separate fees shall be calculated for single family and multi-family dwelling units, and separate student generation rates must be determined by each school district the District for each type of dwelling unit. For purposes of 8 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 144 of 164 ORDINANCE NO. this Section, mobile homes shall be treated as single family dwelling units and duplexes shall be treated as multi-family dwelling units. 2. The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in a school district the District currently used for instructional purposes. 3. The formula in Attachment A to Ordinance 4808 provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issues in a school district the District. 4. The District Each school district may provide a credit for school sites or facilities actually provided by a developer which the District that school district finds to be acceptable as provided for in subsection F of this Section. 5. The City Council may adjust the fee calculated under this subsection^ as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout each respective school district the District in the cost of new housing, school occupancy levels, and the percent of each respective school district's the District's Capital Facilities Budget which will be expended locally. The City Council establishes the following fees: Multi-Family and Accessory Single Family Dwelling Unit Fee Amount Fee Amount Issaquah $3,808.00 Not Applicable School District 3,568.00 9 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 145 of 164 ORDINANCE NO. Kent School District $5,486.00 $3,378.00 Renton School District $6,310.00 6,392.00 $1,258.00 1,274.00 E. ASSESSMENT OF SCHOOL IMPACT FEES: 1. The City shall collect school impact fees, established by this Section as I adjusted from time to time, from any applicant seeking building permit approval from the City for dwelling units located within each respective school district's the District's boundaries. 2. For any fee that has been paid through King County, the remainder of the school impact fees shall be assessed and collected from the lot owner at the time the building permits are issued, using the fee schedule then in effect. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are issued. 3. For all new dwelling units, the total amount of the school impact fees shall be assessed and collected from the applicant at the time of building permit issuance, using the fee schedule then in effect. No permit shall be issued until the required school impact fees set forth in the fee schedule have been paid. F. EXEMPTIONS AND CREDITS: 1. The following shall be exempt from the application of school impact fees: 10 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 146 of 164 ORDINANCE NO. a. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or b. The replacement of the same number of dwelling units at the same site or lot when such replacement occurs within twelve (12) months of the demolition or destruction ofthe prior structure; or c. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; or d. Any development activity that is exempt from the payment of aft school impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act; or e. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a preliminary plat or PUD approval prior to the effective date of Ordinance 4808, unless the terms of the plat or PUD approval provide otherwise; or f. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a voluntary agreement entered into 11 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 147 of 164 ORDINANCE NO. with the District prior to the effective date of Ordinance 4808, unless the terms ofthe agreement provide otherwise. 2. Any credit shall be the responsibility of the respective school district District, and shall be independent of the fees collected by the City. The burden of establishing such credit shall be on the party seeking the credit. Proof under subsection (F)(3) of this Section shall include such things as a receipt or cancelled check. 3. After the effective date of Ordinance 4808, and if the development activity is not exempt from school impact fees pursuant to subsection (F)(1) of this Section, the developer shall receive a credit from the appropriate school district District for any payment made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. 4. After the effective date of Ordinance 4808, the developer can request that a credit or credits be awarded by the appropriate school district District for the value of dedicated land, improvements, or construction provided by the developer. The school district District shall first determine the general suitability ofthe land, improvements, and/or construction for that school district's district purposes. Second, the school district District shall determine whether the land, improvements, and/or the facility constructed are included within that school district's the District's adopted Capital Facilities Plan or the Board of Directors for 12 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 148 of 164 ORDINANCE NO. that school district the District may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the Capital Facilities Plan of the school district District. The school district District shall forward its determination to the City, including cases where the school district District determines that the dedicated land, improvements, and/or construction are not suitable for the school district's District purposes. 5. For each request for a credit or credits, if appropriate, the school district District shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine for the school district District the value of the dedicated land, improvements, or construction provided by the developer on a case-by-case basis. The developer shall pay for the cost of the appraisal. 6. After receiving the appraisal, the school district District shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms ofthe letter or certificate, and return such signed document to the appropriate school district District before the City will award the school impact fee credit. The failure ofthe applicant to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. 13 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 149 of 164 ORDINANCE NO. 7. Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit. G. APPEALS AND INDEPENDENT CALCULATIONS: 1. After the City has collected fees under this Section, the school district District may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the appropriate school district's District's satisfaction that the discount fails to ameliorate for the unfairness of the fee: a. The developer demonstrates to the appropriate school district's District's satisfaction that an a school impact fee assessment was incorrectly assessed; or b. Unusual and unique circumstances identified by the developer demonstrate that if the standard school impact fee amount were applied to the development, it would be unfair, unjust or unlawful. 2. Requests for fee adjustments, and the administrative appeals process for the appeal of aw school impact fee, shall follow the process for the appeal of the underlying development application. Each school district The District shall provide staffing and legal assistance for such an appeal consistent with the Interlocal Agreement between the City and the respective school district Pistfiet, as that Agreement may be amended from time to time. 3. A developer may provide studies and data to demonstrate that any particular factor used by a school district the District may not be appropriately 14 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 150 of 164 ORDINANCE NO. applied to the development proposal, but the school district's District's data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost ofthe studies and data, and must demonstrate to the respective school district's District's satisfaction that the discount fails to adjust for the error in the fee. 4. Any appeal of the decision of the Hearing Examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors identified as a result of an appeal should be referred to the Council for possible modification. 5. School ilmpact fees may be paid under protest, in order to obtain a permit or other approval of development activity. H. THE SCHOOL IMPACT FEE ACCOUNT, USES OF SCHOOL IMPACT FEES, AND REFUNDS: 1. School limpact fee receipts shall be initially deposited into a City fund created under subsection L of this Section. When sufficient funds have accumulated to make transfer of those funds to the appropriate school district District advisable, the Administrative Services Department shall make such transfer. Such funds shall be transferred not less than quarterly, if the balance in the fund is more than five thousand dollars ($5,000.00). School ilmpact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by each school district the District solely for that school 15 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 151 of 164 ORDINANCE NO. district's the District's school impact fees as provided for in subsection J of this Section. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection (H)(2) of this Section. Annually, the City shall provide accounting records to each school district the District and each school district the District shall prepare a report on school impact fees showing the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by school impact fees. 2. School timpact fees for the District's a school district's system improvements shall be expended by the respective school districts District for capital improvements including but not limited to school planning; land acquisition; site improvements; necessary off-site improvements; construction, engineering, architectural, permitting, financing, and administrative expenses; relocatable facilities, capital equipment pertaining to educational facilities; and any other expenses which could be capitalized, and which are consistent with the respective school district's District's Capital Facilities Plan. 3. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which school impact fees may be expended and where consistent with the provisions of the bond covenants, school impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this Section. 16 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 152 of 164 ORDINANCE NO. 4. School impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for the District a school district to hold the fees beyond the six (6) year period. A school district The District may petition the Council for an extension of the six (6)-:year period and that school district must the District set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the reason or reasons in written findings, the Council shall establish the period of time within which the school impact fees shall be expended or encumbered, after consultation with the petitioning school district District. 5. The current owner of property on which an school impact fee has been paid may receive a refund of such fees if the school impact fees have not been expended or encumbered within six (6) years of receipt ofthe funds by the City, except as provided for in subsection (H)(4) of this Section. In determining whether school impact fees have been encumbered, school impact fees shall be considered encumbered on a first-in, first-out basis. The respective school district District shall notify potential claimants by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the King County property tax records. 6. An owner's request for a refund must be submitted to the City, in writing, within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any school impact fees that are 17 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 153 of 164 ORDINANCE NO. not expended or encumbered within the limitations in subsection (H)(4) of this Section, and for which no application for a refund has been made within this one (1) year period, shall be retained and expended consistent with the provisions of this Section. Refunds of school impact fees shall include any interest earned on the school impact fees, less five percent (5%) for administrative costs. 7. Should the City seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times, and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the King County property tax records. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the respective school district B4stfi€t, consistent with the provisions of this Section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. 8. A developer may request and shall receive a refund, including interest earned on school the impact fees, when: 18 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 154 of 164 ORDINANCE NO. a. The developer does not proceed to finalize the development activity as required by statute or City Code or the International Building Code, and b. No impact on the school district P+stfiet has resulted. "Impact" shall be deemed to include cases where the respective school district District has expended or encumbered the school impact fees in good faith prior to the application for a refund. In the event that a school district the District has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the City and provide receipts of school impact fees paid by the owner for a development ofthe same or substantially similar nature on the same property or some portion thereof. The City shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in subsection G of this Section. 9. Interest due upon the refund of school impact fees required by this Section shall be calculated according to the average rate received by the City or the respective school districts District on invested funds throughout the period during which the fees were retained and paid by the governmental entity controlling the funds and receiving the interest. I. INTERLOCAL AGREEMENT: 19 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 155 of 164 ORDINANCE NO. 1. The Mayor is authorized to execute, on behalf of the City, an Interlocal Agreement for the collection, expenditure, and reporting of school impact fees; provided, that such Interlocal Agreement complies with the provisions of this Section. 2. Each school district The District shall establish a School Impact Fee Account with the Office of the King County Treasurer, who serves as the Treasurer for the each school districtOistfret. The Account shall be an interest- bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the respective school districts District. 3. For administrative convenience while processing the fee payments, school impact fees may be initially deposited in the City account known as the "Issaquah School District Impact Fee Fund," a«4the "Kent School District Impact Fee Fund," and the "Renton School District Impact Fee Fund," with interest earned retained by the respective school district for which the monies are held District. As soon as advisable, the City shall deposit the school impact fees collected for each respective school district the District in that school district's the District's School Impact Fee Account. 4. The City shall retain five percent (5%) of all fees collected to pay for its costs in administering this Section. J. ADOPTION OF EACH SCHOOL T-HE-DISTRICTS CAPITAL FACILITIES PLAN AND SUBMISSION OF THE ANNUAL UPDATES AND REPORT AND DATA: 20 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 156 of 164 ORDINANCE NO. 1. The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan: a. The Issaquah School District No. 411 204© 2011 Capital Facilities Plan; b. The Kent School District No. 415 2010/2011 2011/2012 - 2015/2016 2016-2017 Capital Facilities Plan: and c. The Renton School District No. 403 2008 2011 - 2017 Capital Facilities Plan. 2. On an annual basis, each school district the District shall submit the following materials to the City: a. The annual update of the school district's District's Capital Facilities Plan; and b. An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by school impact fees. K. REVIEW: The school impact fee schedule established in this Section shall be reviewed and updated by the Council on an annual basis after the Council receives the school district's District's Plan and data required under subsection J of this Section. The review may occur in conjunction with the annual update of the Capital Facilities Element ofthe City's Comprehensive Plan. 21 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 157 of 164 ORDINANCE NO. L. SPECIAL FUNDS CREATED: There are hereby created or exist twe three (3-3) special City funds known as the "Issaquah School District Impact Fee Fund",, afrd- the "Kent School District Impact Fee Fund" and the "Renton School District Impact Fee Fund" into which all school impact mitigation fees will be deposited. M. CITY NOT RESPONSIBLE: The City will use its best reasonable efforts to collect such school impact fees during its ordinary administrative process, such fees as are due under this Section and consistent with the Interlocal Agreement between the City and the respective school district District, as that Agreement may be amended from time to time, but the City shall not be responsible or liable to any school district te4foe District for failure to collect such fees. N. SEVERABILITY: If any portion of this Section is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other subsection of this Section. 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 , 2012. Bonnie I. Walton, City Clerk 22 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 158 of 164 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2012. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1759:4/ll/12:scr 23 7a. ‐ School District Impact Fees (1st reading 4/16/2012)Page 159 of 164 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 8-4-46, OF CHAPTER 4, WATER, AND SECTION 8-5-23, OF CHAPTER 5, SEWERS, OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" REVISING THE CITY'S LEAK ADJUSTMENT POLICY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 8-4-46, Water Billing Adjustment For Water Leak, of Chapter 4, Water, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances ofthe City of Renton, Washington", is hereby amended as follows: A. The City will process and grant no more than one (1) water billing adjustment for water leaks on the customers' side ofthe water meter per water service connection every five (5) years. Adjustments will be calculated over the billing periods when the water leak occurred, up to a maximum of two (2) regular meter reading cycles. Ne4Leak adjustments will be granted for irrigation systems, frozen connections or pipes, leaky toilets, boat docks, pools, fountains, ponds, other outdoor decorative water features or hot tubs service lines only. B. A written request for a water billing adjustment must be submitted to Utility Billing Customer Service within sixty (60) days of discovery of the water leak and/or sixty (60) days of receipt of a notice from the City regarding high water consumption and that a water leak might have occurred. The written request must include the service address, billing periods over which the leak 1 7b. ‐ Water leak adjustment policy revision (1st reading 4/16/2012)Page 160 of 164 ORDINANCE NO. occurred, location of the leak and a copy of the repair receipt and/or a description ofthe completed repair. Photos verifying the repair and the location ofthe repair are strongly recommended. Exception to the timely submittal of an adjustment request may be made if the Administrative Services Department Administrator or designee determines that the applicant has made good faith effort to effect the necessary repairs, or the repairs cannot be performed due to other extraneous circumstances that cannot be controlled by the applicant. C. The water portion of the bill will be adjusted by charging for only fifty percent (50%) of the leaked consumption charge over the two (2) billing period(s) when the leak occurred. Example of adjusted water billing calculation: (Basic Monthly Charge) + A sample calculation for an adjustment is: (0.50 X Consumption in excess of the historical average for the billing period) X Commodity Rate. Adjustments greater than two thousand dollars ($2,000) shall be submitted to the Finance Committee for approval or denial. There will be no adjustment of the Basic Monthly Charge or any other water charge. SECTION II. Section 8-5-23, Wastewater Billing Adjustment For Water Leak, of Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances ofthe City of Renton, Washington", is hereby amended as follows: A. Eligibility: 1. The water leak must be on customer's side ofthe water meter. 2. Proof must be provided that the leaked water did not enter the wastewater system. 2 7b. ‐ Water leak adjustment policy revision (1st reading 4/16/2012)Page 161 of 164 ORDINANCE NO. 3. The leak must be repaired. 4. A written request for a wastewater adjustment must be completed and submitted to the City. The City will process and grant no more than one (1) wastewater billing adjustment for water leaks on the customers' side ofthe water meter per water service connection every five (5) years. B. Adjustments will be calculated over the billing periods when the water leak occurred, up to a maximum of two (2) regular meter reading cycles. No leak adjustments will bo granted for irrigation systems, frozen connections or pipes, leaky toilets, boat docks, pools, fountains, ponds, other outdoor decorative water features or hot tubs. BC. A written request for a wastewater billing adjustment must be submitted to Utility Billing Customer Service within sixty (60) days of discovery of the leak and/or sixty (60) days of receipt of a notice from the City regarding high water consumption and that a water leak might have occurred. The written request must include the service address, billing periods over which the water leak occurred, location of the leak, a copy of the repair receipt and/or a description of the completed repair, and documentation that the leaked water did not enter the sanitary sewer system. Photos verifying the repair and location of the leak are strongly recommended. Exception to the timely submittal of an adjustment request may be made if the Administrative Services Department Administrator or designee determines that the applicant has made good faith 3 7b. ‐ Water leak adjustment policy revision (1st reading 4/16/2012)Page 162 of 164 ORDINANCE NO. effort to effect the necessary repairs, or the repairs cannot be performed due to other extraneous circumstances that cannot be controlled by the applicant. €D. No leak adjustment for wastewater will be granted for single-family sewer accounts because the sewer charge is a flat rate and not affected by a water leak. B£. For non-single-family sewer accounts, a full adjustment of the sewer bill will be made for all leaked water that did not enter the sanitary sewer system. The adjustment will be determined by averaging normal water consumption from previous representative billing periods and charging wastewater volume rates based on this normal average volume. Adjustments greater than two thousand dollars ($2,000) shall be submitted to the Finance Committee for approval or denial. There will be no adjustment ofthe base charge or any other sewer charge. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2012. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2012. Denis Law, Mayor 7b. ‐ Water leak adjustment policy revision (1st reading 4/16/2012)Page 163 of 164 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1756:3/22/12:scr 5 7b. ‐ Water leak adjustment policy revision (1st reading 4/16/2012)Page 164 of 164