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HomeMy WebLinkAboutApril 25, 2011RENTON CITY COUNCIL Regular Meeting April 25, 2011 Monday, 7 p.m. MINUTES Council Chambers Renton City Hall CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE SPECIAL PRESENTATION Fire: Citizen Recognition PUBLIC HEARING CED: Adult Retail & Entertainment Establishments, Code Amendment Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. TERRI BRIERE, Council President; RICH ZWICKER; GREG TAYLOR; RANDY CORMAN; MARCIE PALMER; DON PERSSON; KING PARKER. DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; ALEX PIETSCH, Community and Economic Development Administrator; TERRY HIGASHIYAMA, Community Services Administrator; SUZANNE DALE ESTEY, Economic Development Director; ROCALE TIMMONS, Associate Planner; FIRE AND EMERGENCY SERVICES ADMINISTRATOR MARK PETERSON and DEPUTY CHIEF ERIK WALLGREN, Fire & Emergency Services Department; COMMANDER CLARK WILCOX, Police Department. Fire and Emergency Services Administrator Mark Peterson recognized Jess Jaime for his quick actions that safeguarded residents and property from a kitchen fire that occurred at the Heritage Hills Apartments on 4/4/2011. Chief Peterson explained that Mr. Jaime crawled into an apartment and extinguished the fire which mitigated further property damage and saved lives. He presented Mr. Jaime a Certificate of Appreciation for his actions. Chief Peterson also recognized Fred Albert and Oral Staman for their quick actions that occurred at the Federal Aviation Administration building on 4/6/2011. He explained that Mr. Albert and Mr. Staman witnessed a co-worker in distress and administered Cardiopulmonary Resuscitation (CPR) until emergency responders arrived. Chief Peterson stated that the victim survived the cardiac arrest. He presented Mr. Staman a Certificate of Appreciation for his actions. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public hearing to consider adopting City code amendments and a Findings-of-Fact resolution regarding Adult Retail and Entertainment establishments. Community and Economic Development Administrator Alex Pietsch reported that a moratorium on adult entertainment uses has been in place in the City for a number of months. He explained that the moratorium was established to allow City staff time to review recent case law to determine potential options regarding these types of uses. Mr. Pietsch introduced Associate Planner Rocale Timmons to present additional information on this topic. Ms. Timmons reported that City staff is requesting adoption of an ordinance amending adult entertainment regulations in order to create additional locational criteria for these establishments, and adoption of a Findings-of-Fact resolution prepared by the City Attorney's office supporting the ordinance. April 25, 2011 Renton City Council Minutes Page 125 AUDIENCE COMMENT Citizen Comment: Herron - Relocation of Downtown Library Citizen Comment: Carlson Renton Pools Community Fundraising Efforts Citizen Comment: Forister • Relocation of Downtown Library Citizen Comment: Tabak - Relocation of Downtown Library Ms. Timmons reported that current regulations prohibit adult retail and entertainment establishments within 1,000 feet of any residential use or zone, and 1,000 feet from schools, daycares, churches, or parks. She explained that these regulations are approximately 20 years old and are being revised to eliminate or mitigate adverse secondary effects caused by such establishments being concentrated in a single area. Ms. Timmons reported that the proposed locational criterion for adult retail and entertainment establishments includes: 1) the requirement to maintain at least 1,000 feet of separation from each other; 2) prohibits them from sharing the same street frontage; 3) limits these establishments along major transportation corridors; and 4) limits them in areas where school age uses are anticipated. Ms. Timmons displayed a map of the Employment Area Valley zone and described where adult retail and entertainment establishments could and could not be located. There being no public comment, it was MOVED BY ZWICKER, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 128 for resolution and ordinance.) David Herron (King County) expressed concern about safety, parking, and traffic if the downtown library is relocated to the Transit Center area. He stated that he does not believe the Farmers Market will draw patrons to the new location, and he requested that Council reconsider relocating the downtown library. Christopher Carlson (King County), representing Renton Pools Community, stated that the organization was asked to lead efforts to close the $60,000 funding gap in order to keep Renton area pools open. He reported that the group has successfully collected over $51,000. He stated that because of the popularity of the pools, and a rate increase recently approved by the Renton School District, the budget gap will close over time. Mr. Carlson remarked that the Hazen High School pool alone hosts nearly 50 swim meets a year that draws hundreds of people to Renton. Responding to Councilmember Palmer's inquiry, Mr. Carlson stated that the Bellevue Swim Club graciously donated $10,000 because they use the Hazen pool exclusively for their meets. Phyllis Forister (Renton) stated that she was informed by a King County Library System (KCLS) Board member that the KCLS did not suggest that the downtown library be moved, and that the City is financially responsible if it is moved. She remarked that the only way the City can afford to construct new libraries is by issuing bonds, and the bonds should be voter-approved. Ms. Forister stated that if Renton issued bonds, taxpayers would be paying double the taxes for libraries because most are already paying property tax to KCLS. She urged Council and the Mayor to stop the pressure to relocate the downtown library. Judy Tabak (Renton) remarked that she is amazed that anyone would declare the current downtown library as too small, too old, or outdated. She stated that she is against relocating the library, and believes its current location over the Cedar River by Liberty Park is perfect. She urged Council and the Mayor to stop the relocation of the library. April 25, 2011 Renton City Council Minutes Page 126 Citizen Comment: McOmber • Art Show by Highlands Community Association Citizen Comment: Johnson - Sidewalk Maintenance Regulations; Relocation of the Downtown Library Citizen Comment: Smith - Relocation of Downtown Library CONSENT AGENDA Council Meeting Minutes of 4/18/2011 City Clerk: Quarterly Contract List, 1/1/2011 - 3/31/2011 CED: Turalba Short Plat, ROW Dedications, Morris Ave S, SHP-07-126 Howard McOmber (Renton), Highlands Community Association, invited students to submit artwork and attend an Art Show occurring at the Highlands Neighborhood Center, 800 Edmonds Ave. NE, on 5/21/2011. He displayed posters designed by local High School students portraying the event theme, "Helping Each Other in Renton." Ben Johnson (Renton) expressed concern about contradictions in City Code regarding responsibility for sidewalk and parking strip maintenance. He explained that in one section of the Code the onus for maintenance and repairs is on homeowners, and in another section the onus is on homeowners unless the City planted the tree that caused the damage. Mr. Johnson stated that if a homeowner plants a tree that damages a sidewalk that homeowner should be responsible for the repair; however, if the City plants a tree that damages the sidewalk, the City should then be responsible. He asked that the topic be clarified in City Code. Regarding the relocation of the downtown library, Mr. Johnson stated that people he knows who voted for annexation to KCLS did not expect the library to be downsized. He requested that if the library is being downsized due to economic reasons that this be communicated to residents. Councilmember Corman remarked that Mr. Johnson's comments regarding the tree issues are valid. Mayor Law stated that Urban Forestry & Natural Resources Manager Terry Flatley could contact Mr. Johnson to answer some of his questions. MOVED BY CORMAN, SECONDED BY TAYLOR, COUNCIL REFER THE TOPIC OF MR. JOHNSON'S CONCERNS REGARDING TREE REGULATIONS TO THE ADMINISTRATION. CARRIED. Regarding the downtown library topic, Mr. Corman stated that the issue will be discussed at the next Committee of the Whole meeting, and citizens can provide additional comments at the following Council meeting. Shelby Smith (Renton) requested that Council reject the plan to relocate the downtown library to the Transit Center area. She stated that she will vote against those who vote to move the library, and will encourage others to do the same. She remarked that voters were assured that the current library building would not be disturbed. Ms. Shelby stated that if the current building needs repair then the City should use the money delegated for relocation to fix it. Items listed on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Briere, Item 7.e. was removed for separate consideration. Approval of regular City Council meeting minutes of 4/18/2011. Council concur. City Clerk submitted quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring 4/1/2011 to 9/30/2011. Information. Community and Economic Development Department recommended acceptance of a deed of dedication for additional right-of-way on Morris Ave. S. to fulfill a requirement of the Turalba Short Plat (SHP-07-126). Council concur. April 25, 2011 Renton City Council Minutes Page 127 CED: Libraries Construction Agreement, King County Library System Lease: Suite 200 Liberty Park Community Center, Birthday Dreams Community Services: City Center Parking Garage Fee Waiver Requests Separate Consideration Item 7.e. Community Services: Establish Sister City Affiliation Policy UNFINISHED BUSINESS Public Safety Committee Community Services: Expulsions & Criminal Trespass at Transit Center, Code Amendment Community Services Committee Appointment: Park Commission CED: 2011 Neighborhood Program Community and Economic Development Department recommended approval of an interlocal agreement with the King County Library System (KCLS) regarding the construction of two KCLS libraries within the City. Refer to Committee of the Whole. Community Services Department recommended approval of a two-year lease agreement in the amount of $600 per month with Birthday Dreams for Suite 200 of the Liberty Park Community Center. Refer to Finance Committee. Community Services Department requested authorization to waive City Center Parking Garage fees in the total amount of $6,200 for volunteers working at the 2011-2012 Piazza Renton events, the 2011 Farmers Market, and the 2011 Return to Return Benefit Car Show. Refer to Finance Committee. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL APPROVE THE CONSENT AGENDA MINUS ITEM 7.e. CARRIED. Community Services Department recommended adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Council President Briere remarked that this topic requires additional Council discussion prior to the adoption of the resolution. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL REFER CONSENT AGENDA ITEM 7.e. TO THE COMMITTEE OF THE WHOLE. CARRIED. Public Safety Committee Chair Taylor presented a report regarding changes to the Transit Center regulations. This ordinance clarifies that a disregard of any expulsion notice is a crime and could result in criminal prosecution. The Committee further recommended that the Council suspend its rules and advance the ordinance to second and final reading immediately after first reading and declare an emergency, in order to have the provisions of this ordinance become effective upon passage. MOVED BY TAYLOR, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See pages 128 and 129 for ordinance.) Community Services Chair Palmer presented a report recommending concurrence in Mayor Law's appointment of Ms. Marlene Winter to the Park Commission for an unexpired term expiring on 6/1/2013. MOVED BY PALMER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve the following project grants: 1. Highbury Park Homeowners' Association - Project consists of painting house numbers on front face of curb to make addresses more accessible to the public and emergency vehicles. $1,313 2. LaCrosse Homeowners' Association - Expansion of an existing community garden. This year fruit-bearing plants will be added to be shared by all. Any extra produce is shared with a local food bank. $2,303 3. Liberty Grove Homeowners' Association - Project consists of revitalizing the entrance into the neighborhood by landscaping and installing a sprinkler system. $6,873 April 25, 2011 Renton City Council Minutes Page 128 RESOLUTIONS AND ORDINANCES RESOLUTION #4090 CED: Adult Retail & Entertainment, Code Amendment CED: Adult Retail & Entertainment, Code Amendment ORDINANCE #5597 CED: Adult Retail & Entertainment, Code Amendment Community Services: Expulsions & Criminal Trespass at Transit Center, Code Amendment 4. Stonegate Homeowners' Association - Project consists of Phase II of a small playground and installing a play structure, benches, picnic table, bike rack, and waste receptacles. $22,061 5. Sunset Neighborhood Association - Project consists of implementing a community garden, located on Calvary Baptist Church property at 1032 Edmonds Ave. NE, which would benefit the local residents. Excess produce would be donated to the local food bank. $12,799 6. Tiffany Park Homeowners' Neighborhood Association - Project consists of adding two picnic tables, trash receptacle and signage. Signs would give notice to visitors to pick up after their pets. $2,823 The above project grant applications total $48,172, leaving a balance of $29,765 for the 2011 mini-grant program. MOVED BY PALMER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read adopting Findings-of-Fact in support of an ordinance amending the regulations regarding Adult Retail and Entertainment in the City of Renton. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and advanced to second and final reading and adoption: An ordinance was read amending Section 4-3-010, Adult Retail and Entertainment Regulations, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations), of City Code, amending the regulations regarding Adult Retail and Entertainment and declaring an emergency. MOVED BY CORMAN, SECONDED BY ZWICKER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. An ordinance was read amending Section 4-3-010, Adult Retail and Entertainment Regulations, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations), of City Code, amending the regulations regarding Adult Retail and Entertainment and declaring an emergency. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL ALL AYES. CARRIED. An ordinance was read amending Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations), of City Code, by amending Subsection 6- 31-3.A., adding a new Subsection 6-31-3.D., adding a new Section 6-31-6, entitled "Trespass in Transit Center Defined," renumbering the current Sections 6-31-6 and 6-31-7, adding a new Subsection 6-31-7.D., to clarify the crime of trespass in the Transit Center and to expand the circumstances under which a person can be prosecuted for trespass in the Transit Center and declaring an emergency. MOVED BY CORMAN, SECONDED BY TAYLOR, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. April 25, 2011 Renton City Council Minutes Page 129 ORDINANCE #5598 Community Services: Expulsions & Criminal Trespass at Transit Center, Code Amendment NEW BUSINESS Transportation: Bus Rapid Transit Police: Noise Ordinance Citizen Comment: Forister Relocation of Downtown Library An ordinance was read amending Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations), of City Code, by amending Subsection 6- 31-3.A., adding a new Subsection 6-31-3.D., adding a new Section 6-31-6, entitled "Trespass in Transit Center Defined," renumbering the current Sections 6-31-6 and 6-31-7, adding a new Subsection 6-31-7.D., to clarify the crime of trespass in the Transit Center and to expand the circumstances under which a person can be prosecuted for trespass in the Transit Center and declaring an emergency. MOVED BY TAYLOR, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. Councilmember Zwicker remarked that Bus Rapid Transit has been a well received topic at regional committees and seminars recently. He remarked that currently Renton will receive Bus Rapid Transit in 2013 with a proposed termination point at the Transit Center. Mr. Zwicker stated that there is interest in having the bus line terminate at The Landing in order to serve the thousands of people who live and work in that area. MOVED BY ZWICKER, SECONDED BY CORMAN, COUNCIL REFER THE TOPIC OF BUS RAPID TRANSIT TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. Councilmember Persson requested that City Attorney Larry Warren attend the 5/2/2011 Public Safety Committee meeting regarding the noise ordinance. Phyllis Forister (Renton) read portions of a city staff memo addressed to Council regarding the relocation of the downtown library to the Transit Center area. She disputed portions of the letter that described the current downtown library as outdated, undersized, and of having inadequate meeting spaces. She agreed with the portion of the letter that stated that the current library building promotes a strong sense of community because of its location. Regarding the City's interlocal agreement (ILA) with KCLS, Ms. Forister stated that KCLS cannot mandate new buildings, and if they do she wants to know how Renton residents are expected to pay for them without being double taxed. She reiterated her earlier comments regarding paying property taxes to KCLS and the possibility of paying additional taxes for a City library construction bond. Ms. Forister added that the original report regarding the current library building does not mention seismic issues, however, the referenced administrative letter states that although the building is safe for occupancy, it will require major seismic retrofitting if remodeled in the future. She asked who would be responsible for providing permits if the City were to lease the building to a new tenant. MOVED BY TAYLOR, SECONDED BY PALMER, COUNCIL ALLOW THE SPEAKER AN ADDITIONAL TWO MINUTES. CARRIED. Continuing, Ms. Forister questioned how the scores for potential library sites were determined, noting that the Big 5 lot scored higher than a lot on S. 2nd St. and Main Ave. S. She stated that all of the sites will cost money because they will need to be purchased, and it is better to leave the library where it is. Ms. Forister reiterated that a KCLS Board member told her that it was not their idea to move the library. April 25, 2011 Renton City Council Minutes Page 130 Citizen Comment: Sweeney - Relocation of the Downtown Library ADJOURNMENT Jason Seth, Recorder April 25, 2011 Rich Sweeney (Renton) expressed support for the relocation of the library to the downtown core area. He stated that he has owned a small business in Renton for 25 years, and that a new library will be an anchor for all downtown businesses. He compared its relocation to having an impact like the renovation that has occurred in the City of Issaquah, noting that downtown Issaquah is now an enjoyable place to visit. Mr. Sweeney stated that he appreciates opposing arguments, but if the library has to be moved the City could not have picked a better location. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:03 p.m. Bonnie I. Walton, CMC, City Clerk RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING April 25, 2011 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE (Briere) MON., 5/2 5 p.m. Library System Update; Panhandling COMMUNITY SERVICES (Palmer) FINANCE (Persson) MON., 5/2 3:30 p.m. Emerging Issues in Revenue; Vouchers; Fire & Emergency Services Department Budget Status (briefing only) PLANNING & DEVELOPMENT (Parker) THURS., 4/28 2011 Comprehensive Plan Amendments; 3 p.m. Title IV (Development Regulations) Docket #6 PUBLIC SAFETY (Taylor) MON., 5/2 4:30 p.m. Noise Ordinance TRANSPORTATION (AVIATION) (Corman) THURS., 4/28 CANCELED UTILITIES (Zwicker) THURS., 4/28 Water & Sewer District Utility Tax (briefing 4 p.m. only); 2010 Long-Range Wastewater Management Plan NOTE: Committee of the 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.