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HomeMy WebLinkAboutMarch 28, 2011RENTON CITY COUNCIL Regular Meeting March 28, 2011 Monday, 7 p.m. MIN UTES Council Chambers Renton City Hall CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE PROCLAMATION Volunteer Month - April 2011 AUDIENCE COMMENT Citizen Comment: Gevers - Parking Citations at Gene Coulon Memorial Beach Park During Special Events Citizen Comment: Simpson - Proposed Shoreline Master Program 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; KING PARKER; DON PERSSON; MARCIE PALMER; RANDY CORMAN; GREG TAYLOR; RICH ZWICKER. DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; GARMON NEWSOM, Assistant City Attorney; JASON SETH, Deputy City Clerk; IWEN WANG, Finance and Information Technology Administrator; TERRY HIGASHIYAMA, Community Services Administrator; GREGG ZIMMERMAN, Public Works Administrator; ALEX PIETSCH, Community and Economic Development Administrator; MARTY WINE; Assistant CAO; MEHDI SADRI, Information Technology Director; KELLY BEYMER, Parks & Golf Course Director; NORMA MCQUILLER, Neighborhood Program Coordinator; ERIKA CONKUNG, Senior Planner; DEPUTY CHIEF BILL FLORA, DEPUTY CHIEF ERIK WALLGREN and BATTALION CHIEF ROY GUNSOLUS, Fire & Emergency Services Department; DEPUTY CHIEF CHARLES MARSALISI, Police Department. A proclamation by Mayor Law was read declaring the month of April 2011 to be "Volunteer Month" in the City of Renton and encouraging all members of the community to commit a portion of their time to volunteer service. MOVED BY BRIERE, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Neighborhood Program Coordinator Norma McQuiller accepted the proclamation with appreciation. She reported that the City's lobby volunteers contributed 2,205 hours of service, and youth athletic coaches contributed over 3,100 hours of service in 2010. She also reported that 130 volunteers contributed over 12,500 hours of service at the Renton Senior Activity Center, and 98 volunteers serve on boards, commissions, and committees. Ms. McOuiller stated that at last year's 9/11 Day of Service event 822 volunteers provided over 3,100 hours of service in one day. She expressed appreciation to everyone that volunteers for the City. Bob Gevers (Renton) expressed concern regarding citations issued to vehicles that were parked in an area designated for vehicles with trailers during a special event at Gene Coulon Memorial Beach Park. He explained that the regular parking lots had filled-up quickly and people began parking in the designated area. Mr. Gevers stated that a Parks employee called the police who then arrived and began ticketing the cars. He asked that the City show leniency by disregarding the parking tickets. (See page 90 for motion.) Anne Simpson (Renton) expressed anger and frustration regarding the Department of Ecology's (DOE) response to the City's submitted Shoreline Master Program. She explained that the Renton Shoreline Coalition worked in good faith with the City and DOE to develop a shoreline plan that met, and in most cases, exceeded State law. Ms. Simpson also expressed frustration March 28, 2011 Renton City Council Minutes Page 84 Citizen Comment: Hagler - Renton High School Black Student Union Citizen Comment: McOmber- Art Show at Highlands Neighborhood Center Citizen Comment: Becker- Library Relocation Citizen Comment: Riley- Proposed Shoreline Master Program Citizen Comment: Baker- Proposed Shoreline Master Program regarding the City's last minute notification of the Department of Ecology's response, being left out of the discussions between the City and DOE regarding the response, having the coalition's single comment regarding restricting or negatively impacting private property dismissed, and how the Muckleshoot Tribe's comments were turned into recommended or required changes. Malcolm Hagler (Renton), President of the Black Student Union at Renton High School, recited the union's mission and its goals for the year. He remarked that union students lead by example and strive to be productive members of society. Mr. Hagler also remarked that the union wants to be more active in the community by feeding the homeless or having peer-tutoring in school. He invited everyone to attend an event that is being planned called Sound & Soul that will showcase student culinary arts and musical talents. Councilmember Taylor remarked that he was very impressed after meeting Mr. Hagler at Renton High School and invited him to City Hall. He stated that he spoke to the Black Student Union and encouraged them to engage more in the community through volunteer efforts. Howard McOmber (Renton), Highlands Community Association, invited everyone to attend the Renton Students Art Show occurring at the Highlands Neighborhood Center, 800 Edmonds Ave. NE, on 5/21/2011 from 11 a.m. to 2 p.m. He remarked that students can create and enter any type of art work including cartoons, cloth, acrylic, or photographs based around the theme of "Helping Each Other In Renton." He stated that food and drinks will be available, as well as prizes for the artists. Sarah Becker (Renton) expressed concern regarding the relocation of the downtown library to the transit center area. She stated that its current location is beautiful, overlooks the river, and sits next to Liberty Park. Ms. Becker stated that moving the library to the transit center presents safety issues including crossing busy streets, and loading and unloading children from vehicles on S. 3rd St. She remarked that most of the parking in downtown is designated as two-hour residential permit parking, and that there are four churches in the vicinity whose patrons utilize the parking spots. Ms. Becker also suggested moving the police presence from the parking garage to the Big 5 location so their presence will be more noticeable. Tim Riley (Renton) expressed frustration with the Department of Ecology's proposed changes to the City's Shoreline Master Program. He stated that he is also frustrated because of the amount of time and money spent by the Renton Shoreline Coalition to negotiate the program in good faith, only to have it changed by DOE. Mr. Riley stated that the mitigation measures agreed upon for new dock standards easily meet the Shoreline Management Act's requirement of no-net-loss. He also questioned how handicap access will be accommodated in the future. Regarding the proposed SMP change to four-foot wide docks from six-foot wide docks, Laurie Baker (Renton) stated that State guidelines do not specify width for docks. She also remarked that she had not read any document that connects state disabled parking privilege requirements to the calculation of no- net-loss requirements, and pointed out that if no-net-loss can be achieved with a six-foot walkway when a resident has disabled parking privileges, then no- March 28, 2011 Renton City Council Minutes Page 85 Citizen Comment: DeMund - Proposed Shoreline Master Program Citizen Comment: Dennison Proposed Shoreline Master Program net-loss can be achieved when the resident does not have disabled parking privileges. She stated that six-foot docks are safer for all residents. Ms. Baker also questioned whether existing docks over four feet wide will become non- conforming. Jeanne DeMund (Renton) remarked that the Renton Shoreline Coalition spent countless hours, and tens of thousands of dollars, negotiating the SMP in good faith. She stated that she felt betrayed by her government when she read the proposed changes to the City's Shoreline Master Program. She questioned how Redmond could have six-foot maximum dock width provisions and Renton cannot, and whether the Department of Ecology has the legal right to impose a variance procedure in Renton. Ms. DeMund stated that the restrictions will affect the value of water-front homes, and expressed concern regarding stakeholder management. She urged Council to find language acceptable to all parties involved that meets the no-net-loss requirements but does not impose a four-foot dock width and costly variance procedures. Councilmember Corman questioned whether the State can force the City to adopt a variance procedure. He related it to the State asking the City to throw out its zoning and land use process and put a variance procedure in place. He remarked that Ms. DeMund's comment should be given more thought. Community and Economic Development Administrator Alex Pietsch stated that the State legislature has granted the Department of Ecology wide latitude in regards to its approval and oversight of local jurisdictions' shoreline master programs. He commented that his understanding is that DOE has final approval of what the City can and cannot approve in its Shoreline Master Program. Mayor Law remarked that he believed that to be an important clarification, and asked Mr. Pietsch to inform Council of the City's timeframe for responding to the Department of Ecology's determination on the City's Shoreline Master Program. Mr. Pietsch stated that the letter from DOE is dated 3/9/2011 and that the City has 30 days to respond. He noted, however, that the letter was actually postmarked on 3/14/2011 and received on 3/16/2011. He emphasized that Council did not have to take action on the letter at tonight's meeting. Discussion ensued regarding the various ways the City could respond within the 30-day period in order to create a dialogue with the Department of Ecology, the lag between the date on the letter and the postmark, how the State develops and enforces legislation, variance language and procedures, and representation of the citizens of Renton. Bud Dennison (Renton) remarked that the emphasis on six-foot docks was for safety purposes and not just disability access. He stated that most dock owners also have lockers and furniture on their docks further limiting their widths. He questioned why Renton is being held to a different standard than Redmond, noting that they are allowed six-foot wide docks. He re-emphasized that the six-foot docks are needed for safety reasons, and that there could be legal liability for the City if someone drowned from falling off a mandated four-foot wide dock. March 28, 2011 Renton City Council Minutes Page 86 Citizen Comment: Conner- Proposed Shoreline Master Program Citizen Comment: loppolo - Proposed Shoreline Master Program Citizen Comment: Richards - Proposed Shoreline Master Program Citizen Comment: Simpson Lindbergh High School Robotics Team CONSENT AGENDA Council Meeting Minutes of 3/21/2011 CAG: 11-030, Lake Washington Blvd N Storm & Water System Improvements, KC Equipment Charlie Conner (Renton) stated that after recently going through the dock permitting process, he feels that a state variance would be difficult to obtain. Regarding the DOE's determination, he stated that he believes construction of a helipad or seaplane base should be mitigated for impacts, but he also believes the use of a helicopter does not adversely impact the environment. He explained that helicopters are used world-wide to transport people and equipment into and out of sensitive areas. He also stated that logs and debris from the Cedar River, wave action, and wind action create more hazard than a helicopter. Concluding, Mr. Conner remarked that any restricting of flights is in the purview of the Federal Aviation Administration, not the City or the Department of Ecology. Joseph loppolo (Renton) stated that approximately 95% of existing docks are over the four-foot width limit. He questioned the reasoning behind the DOE's decision to mandate a four-foot wide dock. Mr. loppolo stated that in his opinion newly constructed docks could be limited to the four-foot rule, but not an existing dock. He also expressed concern over the large logs in Lake Washington, noting that someone could be killed because they are hard to see. He thanked Senior Planner Erika Conkling for her hard work on the project and stated that she always takes time to return phone calls and explain the process to residents. Darius Richards (Renton) expressed concern that one of the Department of Ecology's proposed changes to the SMP would make a portion of the Sam Chastain Trail impossible to build. He explained that the portion of the trail that connects Gene Coulon Memorial Beach Park to the Cedar River Trail will be over water, and the proposed change states that over-water structures that are not water-dependent uses could exceed dock and pier standards. He stated that the walkway should be an acceptable use because it could be used as a fishing pier or waterfowl observation platform. Mr. Richards stated that this change would also make the existing over-water trails at Coulon Park non- conforming structures. He urged Council to consider the safety implications related to narrow docks. Anne Simpson (Renton) remarked that she attended a robotics event at Qwest Event Center recently, where the Lindbergh High School Robotics Team was awarded the Rookie All Star Award. She stated that the team is headed to St. Louis, Missouri to compete in the next round of competition. Councilmember Palmer added that the team has the rest of the week to raise $30,000 for the trip and that the team truly appreciates any help that can be offered. Items listed on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 3/21/2011. Council concur. City Clerk reported bid opening on 3/15/2011 for CAG-11-030, Lake Washington Blvd. N. Storm and Water System Improvements project; 11 bids; engineer's estimate $1,017,246.35; and submitted staff recommendation to award the contract to the low bidder, KC Equipment, LLC, in the amount of $854,171.55. Council concur. March 28, 2011 Renton City Council Minutes Page 87 Community Services: Fee Waiver Request, 2011 Summer Teen Musical Finance: Water Bill Adjustment, Trinity Hotel Investors (Holiday Inn) Finance: Water Bill Adjustment, Arbors at Sunset Fire: SAFER Grant, FEMA UNFINISHED BUSINESS Committee of the Whole CED: Shoreline Master Program Community Services Department recommended waiver of rental fees and associated staff costs in the net amount of $4,335 for six performances, auditions, and rehearsals at Carco Theater in partnership with Renton Civic Theaterto continue production of the annual Summer Teen Musical. Referto Finance Committee. Finance and Information Technology Department submitted a request from Trinity Hotel Investors, LLC (Holiday Inn) for a utility bill adjustment due to a water leak and recommended granting the adjustment in the amount of $42,490.41, of which $23,218.65 may be reimbursed by METRO. Referto Finance Committee. Finance and Information Technology Department submitted a request from Arbors at Sunset, LLC for a utility bill adjustment due to a water leak and recommended granting the adjustment in the amount of $97,671.36, of which $57,204.90 may be reimbursed by METRO. Refer to Finance Committee. Fire and Emergency Services Department recommended acceptance of Staffing for Adequate Fire and Emergency Response (SAFER) grant funds in the amount of $2,055,417 from the Federal Emergency Management Administration (FEMA) to cover the salaries of nine additional firefighters during the period 5/18/2011 through 5/17/2013. Council concur. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Council President Briere requested Council discussion regarding the City's response to the Department of Ecology's letter of 3/9/2011 related to the Shoreline Master Program. Councilmember Parker stated that with the exception of the six-foot dock issue most of the items in the SMP have been approved by the Department of Ecology. He remarked that a letter should be sent to DOE indicating the City's displeasure with the dock issue, and requiring them to change it based upon public input the City has received. He recommended that the related Committee of the Whole report be read with this proposed change. Responding to Council President Briere's inquiry, Mr. Pietsch stated that the intent of the City's SMP is if there are impacts associated with aviation uses, those uses should be mitigated. He remarked that Mr. Conner believes that there are no impacts related to aviation uses, and therefore believes there should be no need for mitigation measures. Mr. Pietsch pointed out that the need to mitigate any impacts would be determined at the time permits are issued. Discussion ensued regarding how many of the Department of Ecology's recommended changes to the SMP were uncontested, which items remain contested, and various ways the City's response letter to the DOE could be drafted. Mayor Law requested that the draft Committee report be read into the record: March 28, 2011 Renton City Council Minutes Page 88 Finance Committee Finance: Filing Written Protests for Claims of Excessive Taxes Community Services Committee CED: 2011 Neighborhood Grant Program The Committee of the Whole concurs with the staff recommendation to accept the Washington State Department of Ecology's proposed changes to the Renton Shoreline Master Program, except the recommendations related to public over-water trails, and to the width of docks for single-family homes. The Committee further recommended that alternative language that limits over-water coverage consistent with the Shoreline Master Program's public access policies should be sent to the Department of Ecology to address this proposed change. The Committee also recommended that the Administration ask the Department of the Ecology to reconsider the required change to single-family dock widths based on public input the City received on the issue. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE COMMITTEE REPORT.* Councilmember Zwicker stated that the report as written limits Council's ability to review and approve the response letter prior to it being sent to the Department of Ecology. He requested that the letter be presented to Council for approval prior to being sent. Discussion ensued regarding the administrative procedure for amending the Committee report to include language addressing Mr. Zwicker7 s concerns. Further discussion ensued regarding additional language to be included in the Committee report, whether all of the issues had been satisfactorily researched, revisiting the issue in a week to provide more explanation for the questions raised at tonight's meeting, and narrowing the scope of the response to the Department of Ecology. •MOTION AND SECOND WITHDRAWN. Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve an amendment to Section 5-21-2 of Chapter 21, of Title V (Finance and Business Regulations), of City Code, to add language requiring a taxpayer, who claims the City's taxes levied or paid to be unlawful or excessive, to file a written protest with the City and to continue paying the taxes in question until a determination can be made by the City. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 90 for ordinance.) Councilmember Persson stated that the intent of the legislation is to protect the City in the future from large businesses that collect taxes, sometimes voluntarily, for the City and then later ask for the money back. This legislation will allow the City to place the money in a separate account in case it has to be paid back. He emphasized that it is not directed at single taxpayers. Community Services Committee Chair Palmer presented a report recommending approval of funding for the following administrative newsletter applications to cover annual costs for newsletters printed and distributed as follows: 1. Cascade Neighborhood Association - USPS quarterly. $1,895 2. Earlington Neighborhood Association - door-to-door quarterly. $440 March 28, 2011 Renton City Council Minutes Page 89 Transportation (Aviation) Committee CAG: 10-157, NE 3rd/4th St Improvements, Parametrix Lease: Rainier Flight Services, Ground & Building 3. Highbury Park Neighborhood Association - door-to-door twice a year. $84 4. Jericho Estates Homeowners' Association - USPS and email quarterly. $35 5. Kennydale Neighborhood Association - USPS and door-to-door quarterly. $2,202 6. LaCrosse Homeowners' Association - door-to-door as well as on the HOA website. $123 7. Maplewood Neighborhood Association - USPS and door-to-door quarterly. $221 8. Maureen Highlands Homeowners' Association - USPS twice a year. $125 9. North Renton Neighborhood Association - door-to-door quarterly. $900 10. Renton Hill Neighborhood Association - USPS and door-to-door quarterly. $450 11. Rolling Hills Homeowners' Association - door-to-door monthly and posted on the neighborhood web site. $300 12. Summerfield Homeowners' Association - door-to-door annually and posted on the neighborhood web site. $112 13. Summerwind Homeowners' Association - USPS and door-to-door quarterly. $281 14. Tiffany Park Neighborhood Association - door-to-door three times a year. $506 15. Victoria Hills Homeowners' Association - USPS and email six times a year. $141 16. Victoria Park Homeowners' Association - USPS and email six times a year. Also posted on neighborhood website. $248 The 2011 Neighborhood Newsletter Communication Grant applications total $8,063 and are funded through the Neighborhood Grant Program, account #001.000000.020.573.90.49.012. MOVED BY PALMER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Chair Corman presented a report recommending concurrence in the staff recommendation to approve a supplemental agreement with Parametrix, Inc. in the amount of $457,507.97 for a new contract total of $492,334.16, to include design and right-of-way services for the NE 3rd/NE 4th Corridor Improvements project, Phase I and authorize the Mayor and City Clerk to sign. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Chair Corman presented a report recommending concurrence in the staff recommendation to approve a building and ground lease with Rainier Flight Service in the amount of $23,447.43 plus leasehold tax, to lease a portion of the 790 Building and 12,000 square feet of tie down space at the airport for the period 4/1/2011 to 3/31/2012. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease agreement. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. March 28, 2011 Renton City Council Minutes Page 90 Airport: Sustainability Management Plan, Dunkleberg & Company Utilities Committee Utility: Water Fluoridation Program RESOLUTIONS AND ORDINANCES Finance: Filing Written Protests for Claims of Excessive Taxes ORDINANCE #5595 Budget: 2011/2012 Carry Forward Ordinance NEW BUSINESS Public Safety: Parking Citations at Gene Coulon Memorial Beach Park During Special Events Transportation (Aviation) Committee Chair Corman presented a report recommending concurrence in the staff recommendation to approve a consultant contract in the amount of $157,500 with Bernard Dunkleberg & Company, Inc. for development of the Airport Sustainability Management Plan, and authorize the Mayor and City Clerk to sign. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Chair Zwicker presented a report regarding the City's water fluoridation program. The Committee was briefed on the fluoridation in the City's drinking water and the newly recommended fluoride level from the U.S. Department of Public Health. The briefing included the Washington State Department of Health's recommendation to the City to reduce the level of fluoride added to its drinking water to 0.8 parts per million. The briefing also included information regarding the City water operation manager's action taken on 1/12/2011 to reduce the fluoride level added to the City's drinking water to 0.8 parts per million until the City receives further guidance from the Washington State Department of Health. The Committee recommends concurrence in the staff recommendation to close this referral with no action required. MOVED BY ZWICKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following ordinance was presented for first reading and referred to the 3/28/2011 Council meeting for second and final reading: An ordinance was read amending Section 5-21-2, of Chapter 21, Procedure Upon Overpayment and Appeals, of Title V (Finance and Business Regulations), of City Code, by adding language requiring written protest when paying taxes claimed to be unlawful or excessive. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2011. CARRIED. The following ordinance was presented for second and final reading: An ordinance was read amending the Fiscal Years 2011/2012 Biennial Budget as adopted by Ordinance #5583, in the amount of $30,891,197, with the total amended budget to be $255,754,433 for 2011 and $475,686,433 for the biennium. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. Regarding Mr. Gever's comments made earlier in the meeting, it was MOVED BY ZWICKER, SECONDED BY PARKER, COUNCIL REFER TO THE ADMINISTRATION THE TOPIC OF PARKING CITATIONS ISSUED AT GENE COULON MEMORIAL BEACH PARK DURING SPECIAL EVENTS. CARRIED. March 28, 2011 Renton City Council Minutes Page 91 AUDIENCE COMMENT Citizen Comment: Hagler Library Relocation ADJOURNMENT Jason Seth, Recorder March 28, 2011 Malcolm Hagler (Renton) stated that he believes it is not a good idea to relocate the downtown library to the transit center area. He explained that as a High School student he sees a lot of activity happening there that young children should not have to see. Mr. Hagler also remarked that he also believes the police presence should be moved to the more visible location on S. 3rd. St. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADJOURN. CARRIED. Time: 8^31 p.m. Jasott Seth, Deputy City Clerk RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 28, 2011 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE (Briere) MON., 4/4 5 p.m. Emerging Issues in Community Services; Interim Potential Annexation Area Boundary/Gaile Annexation; Library Architect Selection; Shoreline Master Program Draft Letter Review COMMUNITY SERVICES (Palmer) FINANCE (Persson) MON., 4/4 3:45 p.m. Emerging Issues in Revenue; Vouchers; Carco Theater Fee Waiver Request for Summer Teen Musical PLANNING & DEVELOPMENT (Parker) PUBLIC SAFETY (Taylor) MON., 4/4 4:30 p.m. Panhandling; Noise Ordinance TRANSPORTATION (AVIATION) (Corman) UTILITIES (Zwicker) 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.