HomeMy WebLinkAboutJune 9, 2008
RENTON CITY COUNCIL
Regular Meeting
June 9, 2008 Council Chambers
Monday, 7 p.m. M I N U T E S Renton City Hall
CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and
invited Evan Bradley with Boy Scout Troop 725 to lead the Pledge of
Allegiance to the flag. Haydon Truitt introduced the troop and thanked Council
for the opportunity to attend the meeting.
ROLL CALL OF
COUNCILMEMBERS
MARCIE PALMER, Council President; DON PERSSON; KING PARKER;
TERRI BRIERE; RICH ZWICKER; GREG TAYLOR; RANDY CORMAN.
CITY STAFF IN
ATTENDANCE
DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer;
MARK BARBER, Assistant City Attorney; MICHELE NEUMANN, Deputy
City Clerk; GREGG ZIMMERMAN, Public Works Administrator; ALEX
PIETSCH, Community and Economic Development Administrator; PREETI
SHRIDHAR, Communications Director; PETER HAHN, Deputy Public Works
Administrator - Transportation; DEPUTY CHIEF ROBERT VAN HORNE,
Fire Department; DEPUTY CHIEF TIM TROXEL, Police Department.
APPEALS
Committee of the Whole
Appeal: Monopole Conditional
Use Permit, T-Mobile, CU-07-
065
Council President Palmer presented a Committee of the Whole report regarding
the T-Mobile Monopole Conditional Use Permit appeal. The appeal was
referred to the Committee of the Whole to determine the issue of jurisdiction to
hear this appeal, and, if necessary, the substantive issues of the appeal.
Subsequently, T-Mobile filed a brief raising the issue of the applicability of
Section 253 of the Telecommunications Act to this application and appeal. The
Committee of the Whole recommended that the City Council take the following
action:
1. Find that the Council does not have the authority to consider alleged
violations of Section 253 of the Telecommunications Act as the Council’s
jurisdiction is derived from an appeal from the Hearing Examiner and
neither the Hearing Examiner nor the City Council has the authority to
consider the validity of provisions of the City Code under the
Telecommunications Act.
2. Deny the City’s motion to dismiss this appeal for lack of jurisdiction. The
Committee feels that the issue of jurisdiction should have been raised
earlier, before the Hearing Examiner, and in the interest of fairness to T-
Mobile, the Council should hear and rule upon the merits of this appeal.
3. Affirm the decision of the Hearing Examiner as the appellant T-Mobile has
failed to meet its burden to establish that the Hearing Examiner’s decision
was based upon a substantive error of fact or law.
MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL REMOVE
THE T-MOBILE CONDITIONAL USE PERMIT APPEAL REFERRAL
FROM THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED.
Planning & Development
Committee
Appeal: RTC Short Plat,
Planning and Development Committee Chair Parker presented a report
regarding the RTC Short Plat Appeal. The Committee heard the matter on
6/5/2008. Pursuant to City Code 4-8-110F, the Committee’s decision and
June 9, 2008 Renton City Council Minutes Page 189
Voght, SHP-07-088 recommendation is limited to the record, which consists of, but is not limited to
the Hearing Examiner’s report, the notice of appeal, and the submissions by the
parties.
The subject property is located on 630 Monroe Ave. NE consisting of a three-
lot subdivision in the R-8 zone. The short plat proposal called for Lots 1 and 2
to be 6,769 square feet (gross) and Lot 3 to be 6,348 square feet. This plat was
encumbered with a King County restrictive covenant, which called for a
minimum lot size requirement of 6,000 square feet. The applicable City Code
provision requires 5,000 square feet net density. The hearing concerned the
dispute over the interpretation of this covenant as to whether the 6,000 square
feet minimum lot size requirement was one of net or gross density. On
2/18/2008 the Hearing Examiner issued his decision affirming the decision of
the Administrative Director to interpret the covenant as requiring 6,000 square
feet gross. Appellant Voght appealed this decision.
On 4/21/2008, the Renton City Council approved the release of this restrictive
covenant. This action effectively renders any application containing this
covenant will be processed without the restriction contained therein, and solely
based on the existing zoning and development criteria for that particular parcel.
On 4/24/2008, Chair Parker sent a letter to appellant Voght explaining that
based on this recent action by the City Council regarding the covenant, the
basis of his appeal was effectively moot. Accordingly, Chair Parker advised
that he was inclined to cancel the appeal hearing unless the appellant could
articulate a basis to still hold the hearing. The appellant did not wish to
acquiesce and therefore, the hearing was opened on the scheduled date. On the
date of the hearing, the appellant presented his case.
Having considered the comments made by the appellant, and taken into
consideration the files therein and actions taken regarding this covenant, this
Committee made the following recommendations to the City Council: That the
City Council finds that having previously approved to release this King County
restrictive covenant by its action of 4/21/2008, this appeal of RTC Short Plat is
rendered moot, and therefore, the appellant’s appeal should be dismissed.
MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
Planning & Development
Committee
Appeal: Blueberry Haven
Short Plat, Gordley, SHP-07-
131
Planning and Development Committee Chair Parker presented a report
regarding the Blueberry Haven Short Plat appeal. The Committee heard the
matter on 6/5/2008. Pursuant to City Code 4-8-110F, the Committee’s decision
and recommendation is limited to the record, which consists of, but is not
limited to the Hearing Examiner’s report, the notice of appeal, and the
submissions by the parties.
The subject property is located in the upper Kennydale neighborhood at 2010
Jones Ave. NE, and consists of a 37,714 square foot (.86 acre) lot located
between Jones Ave. NE and NE 20th St. The property along NE 20th St. is
located across from the Blueberry Farm. City staff approved applicant Richard
and Lauralee Gordley’s short plat request to subdivide this parcel into two lots,
with Lot A proposed at 17,930 square feet and Lot B proposed at 19,784 square
feet. As part of their application, the Gordley’s submitted a Critical Areas
Study, which identified a 9,601 square foot Category 3 wetland on the site.
Although there is also a “stream” on the site, the City waived a supplemental
stream study because there had been several prior studies in the surrounding
areas that satisfied the City as to its Class 4 designation. Based on these
June 9, 2008 Renton City Council Minutes Page 190
studies,
the Water Class Map and the Streams and Lakes Map set out in City Code, City
staff deemed the property to contain a Category 3 wetland and Class 4 streams,
and applied the appropriate buffers associated with those levels.
Appellant Sue Rider, who resides in the neighborhood, filed a timely appeal
and the matter was held before the Hearing Examiner. There was no
independent study submitted by the appellants, but the appellant did present
testimony from Larry Fisher of the Washington State Department of Fish and
Wildlife, and numerous neighbors who all indicated that they believed the
stream running along the subject site was perennial, rather than intermittent.
The Gordleys testified that the stream was manmade, was not able to sustain
any life forms, and was intermittent.
On 3/27/2008, the Hearing Examiner issued his decision finding that City staff
erred in waiving the requisite stream study and in not undertaking an
independent wetland assessment. Accordingly, the Hearing Examiner reversed
the approval of the Blueberry Haven Short Plat. A timely appeal of the Hearing
Examiner’s decision was filed by the Gordleys.
This Committee, after hearing the presentations by City staff, the Gordleys and
Ms. Rider, and having considered the record, finds that the Hearing Examiner
made a substantial error of law and fact and recommended reversal of the
Hearing Examiner’s decision.
For these reasons, the Committee made the following recommendations to the
City Council:
· That the City Council finds that the Hearing Examiner made a substantial
error of fact in finding that City staff did not follow the applicable City
Codes by waiving the stream study and not requiring an independent
wetland analysis; and a substantial error of law in that he found City staff’s
decision to be clearly erroneous and arbitrary and capricious.
· Accordingly, the decision of the Hearing Examiner should be reversed,
thereby reinstating the approval of the Blueberry Haven Short Plat, subject
to the conditions set forth in the Approval Report and Decision dated
12/10/2007, the applicable mitigation measures set forth in the
Environmental Review Committee Report dated 12/3/2007, and any other
related City staff provisions.
MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR
IN THE COMMITTEE REPORT.*
Discussion ensued regarding the stream running along the subject site. Citing a
conflict of interest, Councilmembers Corman and Palmer recused themselves
from the meeting. Time: 7:18 p.m.
Discussion continued regarding the stream, the studies and maps, and the
Hearing Examiner’s decision.
*MOTION CARRIED.
Councilmembers Corman and Palmer returned to the meeting. Time: 7:23 p.m.
ADMINISTRATIVE
REPORT
Chief Administrative Officer Covington reviewed a written administrative
report summarizing the City’s recent progress towards goals and work
June 9, 2008 Renton City Council Minutes Page 191
programs adopted as part of its business plan for 2008 and beyond. Items noted
included:
The Renton Fire and Emergency Services Department will be conducting a
live fire drill June 17 to June 19. The residential structure to be used for
the drill, located at 4518 Talbot Rd. S., was donated by the John C.
Radovich Development Company.
Annexation: New Life - Aqua
Barn, Maple Valley Hwy
Mayor Law welcomed approximately 2,200 new residents who joined the City
as a result of the New Life - Aqua Barn annexation. He noted that the City’s
population is now just under 80,000.
Streets: Duvall Ave NE
Closure, Road Improvements
Project
Noting that Duvall Ave. NE was closed on June 5 for construction, Mayor Law
acknowledged the impact the temporary full closure will have on residents and
motorists. He thanked staff for their work with residents to mitigate the
impacts.
Reporting on the closure, Deputy Public Works Administrator - Transportation
Hahn noted that the City, responding to concerned citizens, has and will place
additional directional and informational signs. He stressed that staff will
continuously monitor the situation and follow-up on citizen concerns. Mr.
Hahn also reported the contractor’s proposal to work occasional Saturdays to
reduce the amount of time the road will be closed. He indicated that the
contractor will refrain from activities prior to 8 a.m. on Saturdays that create
additional noise.
Mayor Law assured that citizen complaints will be addressed. Council
discussion ensued regarding the contractor working on Saturdays, the local
access signage, and the importance of updating the City’s website.
AUDIENCE COMMENT
Citizen Comment: McOmber -
Emergency Preparedness
Event
Howard McOmber (Renton) announced a Highlands Community Association
emergency preparedness event on June 12 at the Highlands Neighborhood
Center, and asked for volunteers to help assemble the kits that are being handed
out to senior citizens and disabled residents.
Citizen Comment: Gitchel -
Pavement Paint Markings
Removal, SE 3rd Pl
Chuck Gitchel (Renton) questioned who is responsible for removing excessive
spray painted pavement markings left by T-Mobile utility locaters at Anacortes
Ave. SE and SE 3rd Pl. Public Works Administrator Zimmerman said the
matter will be investigated.
CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the
listing.
Council Meeting Minutes of
6/02/2008
Approval of Council meeting minutes of 6/02/2008. Council concur.
CAG: 08-059, Thomas
Teasdale Park Playfield &
Irrigation Improvements,
Spiritridge Construction
City Clerk reported bid opening on 5/22/2008 for CAG-08-059, Thomas
Teasdale Park Playfield and Irrigation Improvements; two bids; engineer’s
estimate $249,988; and submitted staff recommendation to award the contract
to the low bidder, Spiritridge Construction, Inc., in the amount of $264,664.30.
Refer to Finance Committee for discussion of funding.
CED: 2007 Countywide
Planning Policies Amendments
Community and Economic Development Department recommended adoption of
a resolution ratifying the 2007 Buildable Lands amendment to the Growth
Management Planning Council’s Countywide Planning Policies. Refer to
Planning and Development Committee.
Comprehensive Plan: 2008
Amendments
Community and Economic Development Department submitted proposed 2008
Comprehensive Plan amendments (three map amendments and two text
June 9, 2008 Renton City Council Minutes Page 192
amendments). Refer to Planning and Development Committee and Planning
Commission.
CED: Multi-Family Housing
Property Tax Exemption
Modifications
Community and Economic Development Department recommended approval to
modify the designated residential targeted areas for the multi-family housing
property tax exemption; implement the provisions of House Bill 1910;
incorporate affordable housing; and modify project eligibility and fees. Refer
to Planning and Development Committee; set public hearing on 6/23/2008.
(See page 193 for resolution setting public hearing.)
Transportation: Duvall Ave
NE Reconstruction Utility
Conversion, Puget Sound
Energy
Transportation Systems Division recommended approval of a construction
agreement in the amount of $170,240 with Puget Sound Energy for
underground utility conversion as part of the Duvall Ave. NE Widening/Coal
Creek Parkway SE Reconstruction project. City’s net cost is $114,920. Refer
to Transportation (Aviation) Committee.
MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
Finance Committee
Finance: Vouchers
Finance Committee Chair Persson presented a report recommending approval
of Claim Vouchers 272313 - 273225 and four wire transfers totaling
$8,716,772.98; and approval of 309 Payroll Vouchers, two wire transfers, and
1558 direct deposits totaling $5,441,755.70. MOVED BY PERSSON,
SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
CAG: 08-072, Community
Center Readerboard,
Daktronics
Finance Committee Chair Persson presented a report recommending approval
to award the contract for the replacement of the electronic readerboard in Cedar
River Park to the sole bidder Daktronics, Inc. The contract amount is
$115,546.54 and funds are available in Fund 316. The Committee further
recommended that the Mayor and City Clerk be authorized to sign the
contract.*
Councilmember Persson reported that this state-of-the-art replacement
readerboard has a ten-year warranty and will use less energy.
*MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
Budget: 2008 Amendment,
Maintenance Custodian
Position
Finance Committee Chair Persson presented a report recommending
concurrence in the staff recommendation to amend the 2008 Budget by
$66,541. The Finance Committee additionally recommended concurrence with
the staff recommendation to approve a full-time Maintenance Custodian
position related to the additional maintenance requirements of Fire District #40,
and $15,000 designated for associated landscaping expenses. Funds from the
revenue account of 000.000000.000.3380.0022.00.000001 to be dispersed to
the following accounts:
$ 1,000 001.000000.020.5760.0010.48.000000
$14,000 001.000000.020.5760.0010.48.000003
$51,541 001.000000.020.5180.0010.10.000000
The Committee further requested that the ordinance regarding this matter be
presented for first reading. MOVED BY PERSSON, SECONDED BY
CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED. (See page 193 for ordinance.)
Budget: 2008 Amendment, Finance Committee Chair Persson presented a report recommending
June 9, 2008 Renton City Council Minutes Page 193
Firemen’s Pension Fund concurrence with the staff recommendation to amend the 2008 Budget by
$75,000 to meet the Firemen’s Pension Fund obligation for 2008. The
Committee further recommended that the ordinance regarding this matter be
presented for first reading. MOVED BY PERSSON, SECONDED BY
BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
(See page 193 for ordinance.)
Utilities Committee
Utility: Sewer Service
Connection Outside City
Limits, City Code Amend
Utilities Committee Chair Zwicker presented a report recommending
concurrence with the staff recommendation to amend City Code, Section 4-6-
040C, to limit connections outside Renton’s city limits and exclude connection
for properties desiring to develop through further subdivision of their land. The
Committee further recommended that the ordinance regarding this matter be
presented for first reading. MOVED BY ZWICKER, SECONDED BY
TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT.*
Responding to an inquiry from Councilmember Parker, Councilmember Briere
stated that only single-family residences, not developments, located outside the
City limits can hook up to City’s sewer system.
*MOTION CARRIED. (See later this page for ordinance.)
SAD: White Fence Ranch
Sanitary Sewer
Utilities Committee Chair Zwicker presented a report recommending
concurrence in the staff recommendation to approve the preliminary White
Fence Ranch Sanitary Sewer Extension Special Assessment District. The
Committee further recommended staff to proceed with the establishment of the
final Special Assessment District upon completion of the construction of the
White Fence Ranch Sanitary Sewer Extension project. MOVED BY
ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
RESOLUTIONS AND
ORDINANCES
The following resolution was presented for reading and adoption:
Resolution #3950
CED: Multi-Family Housing
Property Tax Exemption
Modifications
A resolution was read setting a public hearing date on 6/23/2008 to consider the
proposed modifications to the multi-family housing property tax exemption.
MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL ADOPT THE
RESOLUTION AS READ. CARRIED.
The following ordinances were presented for first reading and referred to the
Council meeting of 6/16/2008 for second and final reading:
Budget: 2008 Amendment,
Firemen’s Pension Fund
An ordinance was read amending the 2008 Budget by transferring funds from
the 2007 Year-End Fund Balance to the Firemen’s Pension Fund in the amount
of $75,000, for the purpose of meeting pension obligations. MOVED BY
PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING ON 6/16/2008.
CARRIED.
Budget: 2008 Amendment,
Maintenance Custodian
Position
An ordinance was read amending the 2008 Budget by allocating contract
payments from Fire District #40 in the amount of $66,541 to Fund 001
Community Services Fund; authorizing the addition of a Maintenance
Custodian Position; adding the position to the 2008 Budget index of positions;
and authorizing appropriation authority to support contracted landscaping costs
and hire maintenance staff. MOVED BY CORMAN, SECONDED BY
PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND
FINAL READING ON 6/16/2008. CARRIED.
Utility: Sewer Service An ordinance was read amending Chapter 6, Street and Utility Standards, of
June 9, 2008 Renton City Council Minutes Page 194
Connection Outside City
Limits, City Code Amend
Title IV (Development Regulations) of City Code by revising policies by which
the City allows connection to its sanitary sewer system by property owners
outside of the current City limits. MOVED BY ZWICKER, SECONDED BY
TAYLOR, COUNCIL REFER THE ORDINANCE FOR SECOND AND
FINAL READING ON 6/16/2008. CARRIED.
The following ordinances were presented for second and final reading and
adoption:
Ordinance #5384
Budget: 2008 Amendment,
Burnett Linear Park Phase II
Project
An ordinance was read amending the 2008 Budget to appropriate and transfer
from Fund 502 to Fund 317 for Burnett Linear Park Phase II project expenses
in the total amount of $60,000. MOVED BY PERSSON, SECONDED BY
BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL:
ALL AYES. CARRIED.
Ordinance #5385
Budget: 2008 Amendment,
Clean Sweep Program
An ordinance was read amending the 2008 Budget by appropriating $95,000
from the 2008 Solid Waste Utility Fund (403) for the 2008 Solid Waste Clean
Sweep account. MOVED BY PERSSON, SECONDED BY BRIERE,
COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL
AYES. CARRIED.
Ordinance #5386
Budget: 2008 Amendment,
Principal Financial &
Administrative Analyst,
Maintenance Shops Secretary
An ordinance was read amending the 2008 Budget by increasing the General
fund budget for Public Works Administration (Fund 000/015) by $14,823 in
order to increase the authorization of the Public Works Principal Financial and
Administrative Analyst position from .75 FTE to 1.0 FTE and decrease the
Street Fund Budget (Fund 003/019) by $16,920 in order to reduce the
authorization of a Maintenance Shops Secretary I position from 1.0 FTE to .50
FTE. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL
ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES.
CARRIED.
Ordinance #5387
Planning: Development
Regulations (Title IV) Docket,
Assisted Living
An ordinance was read amending Chapter 2, Zoning Districts - Uses and
Standards; Chapter 4, Citywide Property Development Standards; Chapter 9,
Permits - Specific; and Chapter 11, Definitions; of Title IV (Development
Regulations) of City Code to amend the regulations regarding assisted living
and to delete the duplicative use tables for each zone in Section 4-2-070.
MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ADOPT
THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Community Services:
Burnett Linear Park Sculpture
Responding to Councilmember Corman’s inquiry about the running horses
sculpture at Burnett Linear Park, Councilmember Persson remarked that the
sculpture is being cleaned and repainted at Renton Technical College and will
be returned to the park when completed.
ADJOURNMENT MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADJOURN.
CARRIED. Time: 8:05 p.m.
Michele Neumann, Deputy City Clerk
Recorder: Jason Seth
June 9, 2008