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HomeMy WebLinkAboutApril 9, 2012RENTON CITY COUNCIL Regular Meeting April 9, 2012 Monday, 7 p.m. MINUTES Council Chambers Renton City Hall CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE PROCLAMATIONS Sexual Assault Awareness Month-April 2012 Records and Information Management Month - April 2012 ADMINISTRATIVE REPORT Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. RICH ZWICKER, Council President; TERRI BRIERE; ED PRINCE; DON PERSSON; MARCIE PALMER; RANDY CORMAN; GREG TAYLOR. DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, Senior Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; IWEN WANG, Administrative Services Administrator; CHIP VINCENT, Interim Community and Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; PETER RENNER, Facilities Director; DEPUTY CHIEF ERIK WALLGREN, Fire & Emergency Services Department; DEPUTY CHIEF TIM TROXEL AND COMMANDER KEITH VANVALEY, Police Department. A proclamation by Mayor Law was read declaring April 2012 to be "Sexual Assault Awareness Month" in the City of Renton and encouraging all citizens to respond to the issue of sexual assault by: creating preventative workplace policies, addressing sexism and sexual harassment when confronted by it, engaging in discussions with family and friends, and making sexual assault prevention a priority in their community. MOVED BY TAYLOR, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. CourtWatch Services Coordinator Alan Waite accepted the proclamation with appreciation. He stated that the King County Sexual Assault Resource Center (KCSARC) has been located in Renton since 1976. He remarked that due in part to the City's support the agency was able to provide services to 246 Renton residents in 2011 at no cost to the clients. He equated this to approximately 3,000 hours of work for Renton victims or families of victims. He thanked City officials for taking a stand to end sexual violence in the community. Mayor Law thanked Mr. Waite for the agency's contributions to the community and pointed out that although KSCARC has King County in its name it is a private organization and is not affiliated with King County government. A proclamation by Mayor Law was read declaring April 2012 to be "Records and Information Management Month" in the City of Renton and encouraging all citizens to join in this special observance by recognizing the important service provided by records and information professionals. MOVED BY BRIERE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. City Clerk Bonnie Walton accepted the proclamation. Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2011 and beyond. One item noted: April 9, 2012 Renton City Council Minutes Page 110 Last week the City held a public hearing regarding the Renton Hazard Mitigation Plan. The Fire and Emergency Services Department continues to solicit input from residents and is holding a public forum on creating a disaster resilient community on Thursday, April 26, from 6:30 to 9 p.m. in Council Chambers. Anyone interested in attending the forum must pre- register by calling 425-430-6700 by Wednesday, April 18. Library: Potential Ballot Mr. Covington announced that the administration has been exploring options Measure Regarding the new relative to the location of the new downtown library that would meet City Downtown Library obligations while also providing residents with an opportunity to vote on the issue. He stated that the City has held preliminary discussions with the King County Library System (KCLS), and they have indicated that they are willing to work with the City regarding the siting of the new downtown library as part of the August 7, 2012 primary election. He added that the one condition set by KCLS is that design and permitting work continue on the Big 5 site so that no contracts are suspended or terminated. Mr. Covington stated that Council would need to adopt a resolution calling for an election and include a ballot title for King County Elections no later than April 25 in order to meet the August ballot deadline. He noted that Council's last meeting prior to that date is April 23, two weeks away. He stated that the administration has held preliminary discussions with Council President Zwicker, and asked Mr. Zwicker to elaborate. Mr. Zwicker expressed gratitude to the administration, and thanked Mayor Law for his leadership and guidance in this situation. He stated that after hearing from the public at the last Council meeting (4/2/2012) the City has worked hard to develop a solution that will meet its obligations and allow citizens to have a say in the location ofthe new downtown library. Mr. Zwicker stressed that the City is not revisiting the library petition, and emphasized that the intent is to honor the spirit ofthe petition by calling for an election. Mr. Zwicker explained that Council will have to meet the August ballot deadlines in order for KCLS to consider modifying contracts. He remarked that he is interested in gauging his colleagues' interest in this proposal. Councilmember Corman remarked that he had met with Mr. Zwicker earlier in the week to discuss this issue. He thanked Mr. Zwicker for weighing the delay of the ballot issue with making sure that citizens are comfortable with the ballot title. He remarked that the City will be striking a balance of proceeding quickly while also making sure everything is in order and will not be second- guessed in the future. Stuart Avery (Renton) remarked that he is very encouraged by this new proposal. He requested that Council allow citizen participation in every level of the new process. Mr. Stuart concluded by asking whether the political signs regarding support of the new downtown library were City-sponsored and legally allowed to be placed in City right-of-way. AUDIENCE COMMENT Citizen Comment: Avery - Potential Ballot Measure Regarding the new Downtown Library Mayor Law stated that the signs Mr. Avery referred to are not City-sponsored, and by statute the City is prohibited from such campaigning. April 9, 2012 Renton City Council Minutes Page 111 Citizen Comment: Asher - Potential Ballot Measure Regarding the new Downtown Library Citizen Comment: Forister- Potential Ballot Measure Regarding the new Downtown Library CONSENT AGENDA Council: Meeting Minutes of 4/2/2012 CED: Waiver of Admissions Tax, Seattle International Film Festival Community Services: ALEA & LWCF Applications, WA RCO Grants UNFINISHED BUSINESS Utilities Committee Finance: Utility Bill Leak Adjustment Policy Beth Asher (Renton) thanked Council for reconsidering their position on the new downtown library. She questioned the legality ofthe current political signs posted that express support for the new downtown library and asked if they could be removed. Ms. Asher also expressed dismay that the City's marquee sign at Carco Park had displayed the same message as the political signs. Senior Assistant City Attorney Zanetta Fontes clarified that once there is word that there will be a ballot measure the campaign has effectively begun. She stated that if Council on April 23 decides to adopt a resolution to call for an election, then she believes the City would not require that the signs be taken down. Phyllis Forister (Renton) stated that she believes the verbiage on the political signs regarding supporting the new downtown library is incorrect. She explained that the signs solicit support for the downtown library and the library over the Cedar River is the downtown library according to City literature. She stated that the group responsible for placing the signs should have to observe the same timelines that normal campaigns must observe regarding signs. She also stated that she believes the City should put a banner on the Big 5 site to clearly identify it. Mayor Law announced that he was informed that the City's marquee sign at Carco Park did not display information about the library issue. Items listed on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 4/2/2012. Council concur. Community and Economic Development Department recommended waiver of admissions tax for the Seattle International Film Festival May 18 to 24, 2012. Council concur. (See page 112 for resolution.) Community Services Department recommended adopting resolutions to authorize application to the Washington State Recreation and Conservation Office (RCO) for a $500,000 Aquatic Lands Enhancement (ALEA) development and restoration grant and a $500,000 Land and Water Conservation Fund (LWCF) development grant for the Riverview Park Pedestrian Bridge and Habitat project. Refer to Finance Committee. MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Utilities Committee Chair Taylor presented a report recommending concurrence in the staff recommendation to modify the Water Billing Adjustment for Water Leak and the Wastewater Billing Adjustment for Water Leak sections of City Code to clarify eligibility, adjust for leaked water only, and clarify the water adjustment process. The Committee further directs staff to prepare an ordinance to amend Section 8-4-46 of Chapter 4, Water, and Section 8-5-23 of Chapter 5, Sewers, of City Code, and recommends that the ordinance be presented for first reading. MOVED BY TAYLOR, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. April 9, 2012 Renton City Council Minutes Page 112 RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES RESOLUTION #4137 A resolution was read waiving the admissions tax for the Seattle International CED: Waiving Admissions Tax, Film Festival for the years 2012 through 2015 unless rescinded by Council. Seattle International Film MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION Festival AS READ. CARRIED. The following ordinance was presented second and final reading: An ordinance was read amending the City of Renton Fiscal Years 2011/2012 Biennial Budget as adopted by Ordinance No. 5583, and thereafter amended by Ordinance Nos. 5595, 5616, and 5638, in the amount of $37,139,384. MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL. ALL AYES. CARRIED. NEW BUSINESS Discussion ensued regarding parliamentary procedure and it was determined Library: Potential Ballot that no previous motions were under discussion. To open a new discussion Measure Regarding the new regarding placing a ballot measure before Renton voters, it was MOVED BY Downtown Library ZWICKER, SECONDED BY CORMAN, COUNCIL DIRECT THE ADMINISTRATION TO SET A PUBLIC MEETING ON 4/16/2012 TO CONSIDER THE BALLOT MEASURE AND TITLE TO BE SUBMITTED TO THE VOTERS OF THE CITY OF RENTON REGARDING LOCATION OF THE NEW DOWNTOWN KING COUNTY LIBRARY SYSTEM (KCLS) LIBRARY, TO ADDRESS THE COSTS ASSOCIATED WITH THE LOCATIONS, AND THE BALLOT TITLE LANGUAGE TO BE PREPARED BY THE CITY ATTORNEY, WHICH WILL INCLUDE THE STATEMENT OF THE SUBJECT MATTER, THE CONCISE DESCRIPTION OF THE MEASURE, AND THE QUESTION.* (See page 113 for action.) Mayor Law called for discussion. Councilmember Taylor stated that he wishes to do as citizens want, but warned that the City is not recognizing or honoring the requirements ofthe petition, which would be to either adopt the petition ordinance or send it to the voters. He also stated that the initiative petition requires that the ordinance be sent to the voters within 45 days and the proposed election of August 7 is over 90 days away. Mr. Taylor also expressed concern that the citizens behind the petition have generated a lot of momentum and this may be lost if the election is delayed. He reviewed the City's only other initiative petition regarding fireworks and stated that its election date was also delayed and was defeated at the ballot by nearly a two-to-one margin. He reiterated that he wanted everyone to understand the consequences and benefits of taking this new path. Councilmember Prince stated that he believes Council has spoken in regards to the petition and everyone should move past that. He asked for clarification regarding cost differentials for having a special election versus a regularly scheduled election. Mr. Covington stated that there are a variable of factors that lead to the cost of elections, but that the overall cost of an election such as this generally runs approximately $90,000, plus or minus $10,000. ORDINANCE #5656 Budget: 2012 Carry-Forward Ordinance April 9, 2012 Renton City Council Minutes Page 113 Addressing Mr. Taylor's concerns, Mr. Covington stated that the next available election date is August 7, 2012, and confirmed that an election could not be held within 45 days even if the petition had been accepted by Council. Mr. Corman remarked that he believes it is the Council's intention to let the voters decide this issue. He stated that whether or not the petition would have driven a binding decision, citizens deserve confidence that if an election is held Council will treat that decision as their own decision. He added, however, that he would entertain the idea of passing a resolution that states the vote is advisory, but Council will honor the results ofthe election. He explained that this would give Council the latitude to make sure everything is worded in a way that is compatible with all contracts, is implementable, and agreeable to the petition organizers. Ms. Briere asked if two weeks would be enough time for the administration to compile all ofthe background information, including fiduciary responsibilities, in order for Council to make an informed decision. Ms. Fontes provided procedural and timeline information, and stated that she believes whether or not the vote should be binding or non-binding will become evident during Council discussion. Responding to Ms. Brier's inquiry, Mr. Covington stated that City staff has been working on two tracks as this issue has progressed, and the information that Council requires can be compiled in time for the public meeting April 16. Council discussion ensued regarding enlisting petitioners to assist with the proposed election process, timing for the proposed election, timing regarding the initiative petition, citizens' rights regarding the initiative petition, and the term "advisory vote." Mr. Corman stated for the record that if there is a way to make it a binding vote that is what he would prefer. •MOTION CARRIED. Mark Martinez (Renton) expressed appreciation for Council's decision to listen to public sentiment and allow the library issue to go to a vote. He stated that he would like to see included in the ballot measure the full cost of rebuilding the library at the current site, the cost of repurposing the building if the library is moved, and the costs of constructing a new building. Beatrice Clark (Renton) clarified that she had made a public records request to the City for correspondence sent from the King County Library System (KCLS) to the City. She explained that KCLS purported that she had sent Council an email that had made it appear is if it were from the director of KCLS. She also stated that this correspondence noted that KCLS had filed a suit to prevent her from continuing to send emails and to seek damages, and that KCLS had asked the City not to circulate the emails. Ms. Clark asked what right KCLS had to quash her emails. Dave McCammon (Renton) stated that the signs regarding supporting the new downtown library were designed and printed by a private party. He remarked that the City has nothing to do with the signs except own the right-of-way where some ofthe signs are located. Additionally, Mr. McCammon expressed support for the proposed election. AUDIENCE COMMENT Citizen Comment: Martinez - Potential Ballot Measure Regarding the new Downtown Library Citizen Comment: Clark -King County Library System Correspondence Citizen Comment: McCammon - Potential Ballot Measure Regarding the new Downtown Library April 9, 2012 Renton City Council Minutes Page 114 Citizen Comment: Adams - Potential Ballot Measure Regarding the new Downtown Library Citizen Comment: Avery - Potential Ballot Measure Regarding the new Downtown Library Citizen Comment: Ossenkop - Potential Ballot Measure Regarding the new Downtown Library Citizen Comment: Beddon- Potential Ballot Measure Regarding the new Downtown Library ADJOURNMENT Audrey Adams (Renton) stated that until this meeting she was not aware of the library issue. She expressed appreciation to Council for working together to find a solution that is best for Renton. Stuart Avery (Renton) expressed appreciation to City officials and staff for finding a solution to the library issue. He volunteered to be the person the City works with from the petitioner's group. He stated that the overriding theme should be the spirit ofthe people's work moving forward. Mr. Corman clarified that when he stated that he wanted a binding vote, that he trusts Council will honor the election results. He added that democracy is messy, and he would not want to hear campaign issues in this forum. He stated that those issues should be voiced to the Public Disclosure Commission. Kathleen Ossenkop (Renton) expressed appreciation for the new direction Council was taking on the Library issue. She stated that like the Pike Place Market was saved in Seattle, Renton residents could find a way to save the library over the river. She explained that memory tiles were sold to help cover funds for the Pike Place Market, and she believes this could work for the library. David Beddon (Renton) thanked Council for taking this new action regarding the library election. However, he stated that the City cannot kill the petition and asked that City spokespersons not use the phrase "dead" when describing the petition to the media. He also expressed concern if the results ofthe election may only be advisory and not binding. Mr. Corman clarified that if the initiative petition had gone to ballot the decision would have been made by a citizens' law-making process that would have to hold-up under contract law. He explained that the City is now departing from the specific wording on the petition and is following its spirit to achieve the same goal. He referenced an election in the City of Mukilteo regarding red light cameras, and pointed out that Renton's decision whether to make the vote binding or non-binding has not yet happened and will likely occur at the next Council meeting. Continuing, Mr. Corman stated that he would like the public to decide the issue and that he did not mean to assume that the vote would be advisory. He remarked that if the election is certified, the Council will have to take a final action to make it so, and he has no reason to believe Council would not do that. Ms. Fontes stated that the City Attorney was directed to draft a ballot measure that essentially tells the public to either choose the current library site or the site west ofthe Piazza, and is not an advisory vote. MOVED BY ZWICKER, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. Time: 8:25 p.m. Bonnie I. Walton, CMC, City Clerk Jason Seth, Recorder April 9, 2012 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING April 9, 2012 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE (Zwicker) MON., 4/16 Liberty Park Library Building Steering 5:30 p.m. Committee Recommendations COMMUNITYSERVICES (Palmer) FINANCE (Briere) MON., 4/16 Vouchers; 3:30 p.m. Riverview Park Pedestrian Bridge and Habitat Project Grants PLANNING & DEVELOPMENT (Prince) THURS., 4/12 May Creek Drainage Improvement Permit 4 p.m. & Variance Appeal *COUNCIL CHAMBERS* PUBLIC SAFETY (Persson) MON., 4/16 4:30 p.m. Liquor Control Board Concerns TRANSPORTATION (AVIATION) (Corman) THURS., 4/12 CANCELED UTILITIES (Taylor) NOTE: Committee ofthe Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted.