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HomeMy WebLinkAboutAbandoned Shopping Carts - Proposed Ordinance (11/15/2004) k o ° -0 co o ..a i 4,n y � y mv.t ,a, co g v LO.4 .^. . o q , a.a h.,.,5 . a Qy °�n a4 co az 6 q bm n0' O m �,AZ� y0 — y ❑ 0 �.j c'' aMQWU 0Wooc,.,> q��.� 03.by p , a)v , pp-4, °g] „chVy �o uP7q� o 'mobV4`o q�. w 1 0 �a., w. •y c O Yc ° a �coq c-iq g ao0�0 to 5 m� 4 g� P00' o foa� ; 5 arm , 0 .9 ; C , ti.bOC 'ob aaU '> � 5 �zq o •c ) ) al a y 5t R,� 0 5� Uvi�y o a r ; ,s~U 3°rnaa ux'W o P:W� gCf)PP<E C.) 3�"c 0Qj�si 0 NON ,.,1 . ,, ,.....) . .„ . . ›,-io E Alt A'' IP = C .b 4. •O E" 'O a a.) .� �,�O13 0 \:t. .a......7,44:: 3 .r cd Q • o i R a a A. � g a Z v; x '�" ^., F. o ' o co o c • so • '� ' T °3' Uooa) o o Cr c cn yQ U _c 0 .� 0 0 0 a C. 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THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Section 5-1-2.F of Chapter 1,Fee Schedule, of Title V(Finance and Business Regulations)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following fee: Review of Shopping Cart Containment and Retrieval Plans: $100 SECTION H. A new Chapter, 6-27, Shopping Cart Regulation, of Title VI (Police Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 6-27 SHOPPING CART REGULATION SECTION: 6-27-1: PURPOSE 6-27-2: DECLARATION OF NUISANCE 6-27-3: SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS; APPLICABILITY 6-27-4: EXEMPTIONS 6-27-5: DEFINITIONS 6-27-6: SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS 6-27-7: RETRIEVAL AND IMPOUND PROCEDURES 6-27-8: FEES AND DISPOSITION OF CARTS 6-27-9: ILLEGAL POSSESSION OR ACCUMULATION OF CARTS 1 ORDINANCE NO. 514 5 *010 6-27-1. PURPOSE. It is the primary purpose of this ordinance to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public safety and improve the image and appearance of the City. It is a purpose of this ordinance to have the owners and operators of businesses providing shopping carts use the means available to them to deter, prevent or mitigate the removal of shopping carts from their business premises. It is a further purpose of this ordinance to prevent the illegal removal of shopping carts from the business premises, to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on public or private properties. 6-27-2. DECLARATION OF NUISANCE. Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. Shopping carts that have been removed from the premises of the business and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other right of ways, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter, or in any other manner provided by law. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed 2 ORDINANCE NO. 5145 shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is: A. An Authorized Agent; or B. Retrieval Personnel; or C. Enforcement Personnel; or D. An Authorized Customer. 6-27-3. SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS; APPLICABILITY. Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written Shopping Cart Containment and Retrieval Plan approved by the City to provide for the containment of shopping carts on the premises of the retail establishment (Shopping Cart Containment Plan), and for the retrieval of lost, stolen, or abandoned shopping carts which have been removed from the premises of the retail establishment (Shopping Cart Retrieval Plan). 6-27-4. EXEMPTIONS. The requirements of this Chapter shall not apply to any retail establishment which provides a total of 10 or fewer shopping carts for use by customers of such business, or which retail establishment complies with the requirements of RMC 6-27-3. This Chapter shall not apply to carts that are removed for repair or maintenance. 6-27-5. DEFINITIONS. Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meaning: 3 ORDINANCE NO. 514 5 A. Authorized Agent: The owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart. B. Authorized Customer: A customer of the owner of the shopping cart, having the written permission of the owner or owner's agent to remove the shopping cart from the owner's premises. Such permission, however, shall contain a requirement that the cart be returned immediately after its use. C. Enforcement Personnel: Any police officer, code enforcement inspector, or designated staff employed by the City of Renton. D. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is either: 1. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or 2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner. 3. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either: a. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or, 4 • �•- ORDINANCE NO. 514 5 b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or, c. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code. d. A customer with written permission from the owner or agent of the owner to take the cart off premises. E. Owner: Any person or entity, in connection with the conduct of a business who owns, leases, possesses, or makes a shopping cart available to customers or the public. F. Parking Area: A parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or a shopping center shall include the entire parking area used by the multi-store complex or shopping center. G. Premises: Any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Renton, including the parking area provided for customers in such retail establishment. H. Retail Establishment: Any business located in the City of Renton which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. I. Retrieval Personnel: Those persons identified in the Shopping Cart Retrieval Plan as providing cart retrieval services, whether employees of the business or independent contract services. 5 11110 ORDINANCE NO. 514 5 J. `Shopping Cart' or `Cart': A basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 6-27-6 SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS A. Plans Required. Shopping Cart Containment and Retrieval Plans shall be required to be filed with the Development Services Director either: within six(6) months of the opening of the business; or, within six (6) months of the effective date of this ordinance. The plan shall include sections detailing the store's strategy for preventing shopping carts from leaving the business site and parking lot (Shopping Cart Containment), and defining the methods that will be implemented to retrieve shopping carts abandoned off-site(Shopping Cart Retrieval). B. Shopping Cart Containment Plans. Shopping Cart Containment Plans shall detail the business' approach to retain carts on the property occupied by the business. At a minimum, each Shopping Cart Containment Plan must demonstrate how the following requirements B.1 through B.4 will be met. 1. Signs on carts required: Every shopping cart made available for use by customers shall have a sign permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended: a. Identification of the owner of the shopping cart or the name of the business establishment, or both. b. Notification to the public of the procedure to be utilized for authorized removal of the cart from the business premises. 6 ORDINANCE NO. 514 5 c. Notification to the public that unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of City and state law. d. A current telephone to report the location of the abandoned cart. 2. Notice to customers: Written notice shall be provided to customers, that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state and City law. 3. Employee training: The owner of the retail establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees of the requirements of the Abandoned Cart Prevention Plan and the provisions of state and City law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. 4. Measures to contain shopping carts on site: The owner of the retail establishment may install specific physical measures on the carts or implement other measures to prevent cart removal from business premises. These measures may include, but are not limited to: a. Installing disabling devises on all carts, b. Posting store personnel to deter and stop customers who attempt to remove carts from business premises, 7 ORDINANCE NO. 514 5 `4400 c. Installing bollards and chains around business entrances/exits to prevent cart removal, d. Requiring security deposits for use of all carts, or e. Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting purchases. 5. Collaboration with other businesses: Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Shopping Cart Containment Plan. C. Shopping Cart Retrieval Plan. Shopping Cart Retrieval Plans shall detail the business' approach for retrieving shopping carts removed from the property occupied by the business. At a minimum, each Shopping Cart Retrieval Plan must demonstrate how the following requirements of subsection C will be met. 1. Retrieval personnel. The owner shall provide personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The Shopping Cart Retrieval Plan shall either: (a) Identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services, and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts, or (b) Include a copy of each contract with a cart retrieval service (other than confidential financial information that may be retracted from the contract). 2. Prompt retrieval of carts. The owner shall: 8 ORDINANCE NO. 514 5 (a) Provide retrieval personnel in sufficient number to assure that all public streets within a minimum one-half mile radius of the premises of the retail establishment are patrolled not less often than every 72 hours. (b) Immediately retrieve and remove each lost, stolen or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols from any public or private property upon which the cart is found. 3. Patrol area and resources. The Shopping Cart Retrieval Plan shall: (a) Identify the streets and bus stops which will be patrolled as required by this subsection as well as the manner, frequency, and times of such patrols. (b) Include information such as the number of trucks, hours of operation and retrieval personnel, as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operation to comply with the approved Shopping Cart Containment Plan. D. Plan Submittal and City Review 1. Plan review and decision. Upon the filing of any proposed plan pursuant to this chapter, and receipt of the required$100 processing fee, the Development Services Director shall review said proposed plan and either: 1) approve, 2) approve with conditions, or 3) deny the Abandoned Shopping Cart Prevention Plan. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. The owner may appeal a decision of the Development Services Director to the Hearing Examiner in the time and manner provided in RMC 4-8-110. 2. Amendments by owner. The owner of any retail establishment which has an approved Abandoned Shopping Cart Prevention Plan conforming to the requirements of this 9 • ORDINANCE NO. 5145 chapter may, at any time, submit a proposed amendment to the approved plan, which shall be processed and a decision issued within fourteen (14) calendar days following the receipt thereof by the Development Services Director. 3. Implementation of plan. The proposed measures shall be implemented no later than ninety (90) days after City approval is given, unless otherwise stated in the decision approving the plan. Unless otherwise agreed, any modifications to the plan imposed by the City shall be implemented within ninety (90) days after the City notifies the owner of the needed modifications. E. Appeals. 1. Filing of appeal. Any owner aggrieved by any adverse decision of the Development Services Director pursuant to this chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the Hearing Examiner or City Clerk a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed filed on the date the $75.00 appeal processing fee has been paid. No appeal shall be accepted for filing and processing by the Development Services Director unless accompanied by the appeal processing fee. 2. Notice of hearing. If the appeal is timely filed, the Examiner shall cause the matter to be set for hearing. The appellant shall be provided not less than 10 calendar days written notice of the date, time and place of the hearing. The Hearing Examiner shall conduct the hearing pursuant to the provisions of RMC 4-8-110. F. Failure to File Shopping Cart Containment and Retrieval Plan: Failure to timely file a Shopping Cart Containment Plan or a Shopping Cart Retrieval Plan shall be illegal and an infraction punishable under RMC 1-3-2. 10 r.• ORDINANCE NO. 514 5 6-27-7. RETRIEVAL AND IMPOUND PROCEDURES. A. Retrieval of Shopping Carts. The City may immediately retrieve any lost, stolen or abandoned shopping cart within the City where the location thereof will impede emergency services. The City may immediately retrieve any lost, stolen or abandoned cart within the City which does not have the required sign affixed to it. The City may retrieve any lost, stolen or abandoned shopping cart within the City which has the sign affixed thereto after providing the requisite notice to the owner, retailer, or agent, unless such notice has been voluntarily waived by the owner, retailer, or agent. B. Impoundment with Notice. Enforcement personnel may impound a shopping cart which has a sign affixed to it as described above, if both of the following conditions have been satisfied. 1. Location outside of premises. The shopping cart is located outside the premises or parking area of a retail establishment, and, 2. Failure to retrieve cart. The shopping cart is not retrieved within one(1)day from the date the owner of the shopping cart, or its agent, receives actual notice from the City of the shopping cart's discovery. C. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied. 1. Hazardous location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, or is on private property, City enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it; or, 11 %11, ORDINANCE NO. 514 5 440 2. Lack of identification. If a shopping cart does not have the required identification sign affixed thereto, City enforcement personnel are authorized to immediately retrieve the shopping cart from the public or private property and impound it. 6-27-8. FEES &DISPOSITION OF CARTS A. Failure to retrieve carts. The City may impound any shopping cart not retrieved by its owner after the owner has received the City's one-day verbal notice. B. Impounded carts. The City shall charge a fee to the owner of a shopping cart if the owner fails to retrieve its impounded shopping cart(s)after receiving notice from the City in the amount of a $50 fine for each cart. Each cart the City collects shall constitute a separate violation. However, any owner having installed a locking device on its carts, and that locking device has been disabled by other than the owner, then that cart shall be exempt from the $50 fine. C. Disposition of carts. The City may sell or otherwise dispose of any cart not reclaimed from the City within 30 days from the date of the City's notification to the owner. 6-27-9. ILLEGAL POSSESSION OR ACCUMULATION OF CARTS A. Any person removing a shopping cart from the premises of an owner, without the written permission of the owner or the owner's authorized agent, shall be guilty of theft in the 31 1 degree, which is a misdemeanor. B. Any owner or lessee of residential property that knowingly allows one or more shopping carts to remain on the leased property without written permission of the owner of the shopping cart or the owner's authorized agent, is guilty of possession of stolen property in the 3rd degree, which is a gross misdemeanor. The owner or lessee shall be exempt from the provisions of this ordinance if the owner or lessee contacts the owner of the cart(s) weekly until the carts are removed and asks that the carts be retrieved, keeping a record of such contact. 12 �-� ORDINANCE NO. 514 5 _ C. Any owner of multi-family housing which allows an accumulation of three or more shopping carts upon the multi-family premises shall be guilty of a nuisance. Such accumulation shall be illegal, and an infraction under RMC 1-3-2, and punishable thereunder. There shall be an exemption for the owner of any multi-family housing who has sent a letter to all tenants, on a quarterly basis, advising the tenants to not leave shopping carts on the premises of the multi- family property and who has kept a record of such letters. The owner of the multi-family housing, to claim this exemption, must also contact the owner of the carts weekly until the carts are removed, and ask that the carts be retrieved, keeping a record of the date and time of such contact. D. Any owner of commercial or industrial property which allows the accumulation of one or more shopping carts, not maintained as part of the business, shall be guilty of a nuisance. Such accumulation shall be illegal, and an infraction under RMC 1-3-2, and punishable thereunder. The owner of the commercial or industrial property may claim an exemption from this infraction. To claim this exemption, the owner must contact the owner of the carts weekly until the carts are removed and ask that the carts be retrieved, keeping a record of the date and time of such contact. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 13th day of June , 2005. /667 Bonnie I. Walton, City Clerk 13 %✓ ORDINANCE NO. 5145 *41110 APPROVED BY THE MAYOR this 13th day of June , 2005. '7(Cti &Ai Kathy K olker-Wheeler, Mayor Approved as to form: • Lawrence J. Warren, City Attorney Date of Publication: 6/17/2 0 0 5 (summary) ORD.1165:5/24/05:ma 14 June 13,2005 Renton City Council Minutes "'r'.' Page 216 Budget: 2005 Amendment An ordinance was read amending Ordinance 5110 relating to the City of Renton (Carry Forward&Additional 2005 Budget, increasing the 2005 Budget to$177,386,415. MOVED BY Appropriations) LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/20/2005. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5145 An ordinance was read adding a new subsection to Section 5-1-2.F of Chapter Development Services: 1,Fee Schedule, of Title V(Finance and Business Regulations) and a new Grocery Cart Abandonment Chapter 6-27, Shopping Cart Regulation, to Title VI(Police Regulations) of City Code relating to abandoned shopping carts. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilwomen Palmer expressed her appreciation to the sponsors of the School District: Fundraiser for "Renton Plays On,Hair-Cut-a-Thon" event held June 12th at the Piazza. She Musical Instruments noted that proceeds from the event will be used by the Renton School District to purchase musical instruments. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 7:52 llp.m.. )&7t�.r.� GfJatta � �� Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 13, 2005 June 13,2005 Renton City Council Minutes — Page 215 Human Resources: 2005 Human Resources and Risk Management Department recommended approval Group Health Cooperative of the 2005 Group Health Cooperative medical coverage contracts for LEOFF I Medical Coverage Contracts Employees,LEOFF I Retirees, and all other active employees. Refer to Finance Committee. Utility: Emergency Power Utility Systems Division recommended approval of an agreement in the amount Generation Facilities Design, of$118,664 with RH2 Engineering, Inc. to design the emergency power RH2 Engineering generation facilities for the City of Renton power system. Council concur. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Added Letters were entered into the record from 3rd grade students(Carolyn Stephens CORRESPONDENCE and Cindy Pickens,Instructors) at Renton Park Elementary School, 16828 Citizen Comment: Renton Park 128th Ave. SE,Renton,98058,expressing their opinions regarding the issue of Elementary-Grocery Cart abandoned shopping carts. Abandonment f UNFINISHED BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the Mayor's appointment of Heidi Beckley to the Committee Library Board for a five-year term expiring 6/1/2010. MOVED BY NELSON, Appointment: Library Board SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwomen Nelson introduced Ms. Beckley who expressed appreciation for the opportunity to serve the City. Finance Committee Finance Committee Chair Persson presented a report recommending approval Finance: Vouchers of Claim Vouchers 237891 -238476 and three wire transfers totaling $3,465,339.95; and approval of Payroll Vouchers 57502-57757,one wire transfer,and 575 direct deposits totaling$1,899,288.87. MOVED BY PERSSON,SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Budget: 2005 Amendment Finance Committee Chair Persson presented a report recommending (Carry Forward&Additional concurrence in the staff recommendation to approve carry forward requests and Appropriations) additional appropriations in various funds totaling$24,654,915 for the purpose of meeting 2004 obligations in 2005. These appropriation adjustments will result in the increase of the 2005 Budget from$152,731,500 to$177,386,415. Funding for a comprehensive utility rate study is included in this budget adjustment. The Administration will review the scope of work for the rate study with the City Council prior to its initiation. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 216 for ordinance.) RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3759 A resolution was read approving the Maureen Highlands Division 11I Final Plat; Plat: Maureen Highlands approximately 4.6 acres located east of Rosario Ave. NE and north of NE 4th Division III, Rosario Ave NE, St. (FP-05-049). MOVED BY CLAWSON, SECONDED BY PALMER, FP-05-049 COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/20/2005 for second and final reading: 7k7/Lai L(14 - lam- C5- From: Bonnie Walton To: Jennifer Henning Date: 6/13/2005 4:48:13 PM Subject: Re: Shopping Carts Letters from Renton Park Elementary Thank you for the background information, Jennifer. I'm making the copies for Council and Mayor now. Bonnie >>>Jennifer Henning 6/13/2005 4:35:36 PM >>> Hi Bonnie and Michele: FYI- I was invited to speak to a group of 85 third grade students last week, regarding the shopping carts issue. This was in conjunction with their study of city government. The president of the Renton Chamber (Bill Taylor)and the manager of the Fariwood Safeway(Dave Richard)also sat on the panel and spoke to the students. The instructors, Cindy Pickens and Carolyn Stephens, asked the students to write to the Council, regarding their opinions. Carolyn delivered several letters today,which you know have copies of. Thanks! Jennifer Toth Henning, AICP Principal Planner City of Renton Development Services Division 1055 South Grady Way Renton,WA 98055 (425)430-7286 ph (425)430-7300 fax jhenninqaci.renton.wa.us CC: Michele Neumann • Eie . ()wok_ Cr)8 2 S 2 -mac P-elteS kAji 71- O52 \--0( acc,, ckg Icts\Jec- $ O 51-V4'0'1 `c ' ITY of RENTON JUN 1 3 2005 RECEIVED CITY CLERK'S OFFICE L/2 � .- 2.0 rZQhp2_ June 7, 2005 !II1 it Dear Renton Council Members, 4, The issue is that grocery carts are being left in bushes, fields, bus stops,fire lanes, and CITY OF RENTON parks. And there are money fines for the stores. JUN 1 3 2005 I'm not for or against the new law. I think a person who finds a cart should get paid a RECEIVED little, but I don't want the store to lose too much money. CITY CLERKS OFRCI I want the city to be clean but some people don't have a car and need to get their groceries home. A solution I will use is that if I find a cart, I will put it where it belongs. Sincerely, Colton Maddy Renton Park Elementary :z fin. ti m" `y- ... a., June 6 2005 Dear City Council Members, CITY OF RENTON The issue is that grocery carts are being taken and are being misused. JUN 1 3 2005 I am for and against about this issue. RECEIVED CITY CLERKS OFFICE I am with the law but the fine should be reduced to 25 to 30 dollars. People are misusing them and it's their fault, not the stores. They are being left in apartments, houses, bushes, fields, and bus stops. Have an invisible fence and if people push carts through it, the wheels lock up. As you can see, I am both for and against this law and issue. Sincerely, joyl jai Devon Simon Renton Park Elementary L, y VAr 4 � 5 '1/411110f *ONO 4e1101, a? grat'1. Ak June 6, 2005 ,, Dear Renton council members, CITY OF RENTON The issue is that people are leaving grocery carts in driveways, parking lots, and lots of other different places instead of where they are supposed to be. JUN 1 3 2005 RECEIVED I think we should make a new law as a rule for Renton's grocery departments. I CITY CLERK'S OFFIC think it's not the stores fault. I think the people who take the carts and throw them everywhere should get a fine. I also think that you should come up with a tracking device that tracks down the stores carts. That is why I want it to be a law. Sincerel Elizabeth Beltran 3rd grade Renton Park Elementary rio .. / 1' '' de Cji j 0. -,, , : f it, 0 . ,04. Eli r" i 'Wo ilk, itio„.77.4 ,"f t li...,...a pz,.:,1 f June 6, 2005 167_4mb., ga '.'ems,,s Dear Renton Council Members, CITY OF RENTON I do not think it is fair to fine the grocery stores if they find their carts. They didn't JUN 1 3 2005 take their carts out and litter them so why should they pay the fine? Instead of using their money to pay fines, they should use it to fix the problem. Maybe they CITY CRECEIVED LERK'S OFFIC should let people borrow grocery carts? The people who borrow a lot of times, maybe they should give it to them, but keep it in the backyard or something. The store can put a sticker that said they sold it or something. And maybe they can give it to the apartments nearby. They can hire willing people to get the carts once a week. As you can see, I am against the law that you are making. Sincerely, $c�a./ Sabrina Mora Renton Park Elementary I , .6/' y y) 1,3 , 0 ti ...c. ......... June 6, 2005 CITY OF RENTON Dear Renton Council Members, I think that the people should fine the owner because it's their property. They JUN 1 3 2005 should have to walk and find all of their grocery carts themselves. RECEIVED CITY CLERK'S OFFICE I am for this law and I think that we should fine them! Since it's their property, I do think that if everybody had to pay for the carts and they didn't steel them, it would be unfair. That is my letter on this subject. Sincerely, Q Rebecca Steinhilber Renton Park School 3rd grade r ; ' 'err " f gt 0A Q • ��� Ii June 7, 2005 4 !�' Dear Renton Council Members, '1' w ITY OF RENTON I will put for and against in this letter. It is not the store's fault that people are taking carts. It is the fault of the person who took the cart. The store's fine JUN 1 3 2005 should be cut in half. RECEIVED My opinion about the issue is that some people take the cart and use it CITY CLERKS OFFICE because they don't have a car, but some people use it just to leave on sidewalks. People at stores should put signs on carts not to take the carts. I would put my own signs on people's windshields. I would put my signs on the stores' doors if they say yes. I would get some carts that I find and put them back so stores would have to pay less. The solution would be I would try and put back carts that I find. Sincerely, CirlifiNdfr2CLG. ,430.dualy2 Chardonnaii Goodwin Renton Park Elementary _ Third-Grade A S6 O6L4 June 7, 2005 Dear Renton Council Members, �. y 7 OF RENTON Grocery carts are being stolen and not returned. If people don't have a car, they could use the cart to carry their groceries to their JUN 1 3 2005 house. If they need to use a cart then bring it back. Don't be lazy to bring it RECEIVED back. Push it back. ciTY CLERK'S OFFICE Use carts with respect and responsibility. Carts are not for playing, pushing hard, riding, and racing. Sincerely, Le, kin Leilani F. Click Renton Park Elementary Y 0.0 46 6-4 N 0 June 6, 2005 oc' • , Dear Renton Council Members, 403 TY OF RENTON I am writing to you about grocery carts. JUN 1 3 2005 I don't think that it's fair. Why do you guys have to pay for the grocery carts if RECEIVED you didn't even steal them? If you need them or have to take them home, you CITY CLERK'S OFFICE should at least talk to the manager or you could and bring them back. You would also need them if you have too many bags. Sincerely, KI rra Jones 'Y4-'685 Renton Park Elementary Noie Nisi June 7, 2005 Dear Renton Council Members, CITY OF RENTON I am for the law that will be appealed in Renton. JUN 1 3 2005 We should have carts for sale so people can buy them instead of stealing them. CITY CLERK s OFFICE They are not supposed to be all over Renton. That is what I think about the law. Sincerely, Ate ` Brandon Mahn /Y-1-°'' 'N ' CP 0 VP III N-.1' r+� June 6, 2005 At Dear Renton Council Members, fy""'' •, .41111 CITY OF RENTON I think that the people should fine the owner because it's their property. JUN 1 3 2005 They should have to walk and find all of their grocery carts themselves. I am for this law and I think we should fine them. I would think a solution for one is buya RECEIVED CITY CLERK'S OFFICE basket. Sincerely, Sedrick Sykes Sedr 1'c,v Renton Park Elementary 1S3 'Elio *411.0 l' - ti " Z%4 )'1P,., June 6, 2005 ' illl ►i CITY OF RENTON 1 J U N 1 3 2005 Dear Renton Council Members, RECEIVED I'm writing to you because I'm for it. Because once, a cart was in front of a car CITY CLERK S OFFICE and the car ran over the cart. It was all black. It was gross to pick up. Another car drove over it. You should put an invisible fence on the bolts of the wheels. Sincerely, l � , f L Savannah Brosamle M y 4,, Alt'f. �- . ..,,,,,Atm.,..,..,,,,,ea.N N.L' 4,;,e, kf botW Y"_ s�y���r ����� yy A Fes"' me,µ{ k# p4''w'JB'1 0- X 3 t ^'4 ae.4;444.- , \ 4v. 1,. S.y' '� ,.�y �° �6 '"S y k 1 4 'st h 1 r 1 C47`,T :»F K'r"1 ° Jf:}h'�' 3 j/}Z v ir.,„ t, C � -i • �a Y f ak'�; 1�1 ilh "J'S fy y1 t t *Sitt,itti,, 1f C � ' t `� ' , iEV N Yr 1 _ % r P t , 4. Y f Y r ' , ' i � f y * l V e 14.E� �a y , 4. it ,k gy'¢���`�.T�,�oi:{ '� 5 �' Sr � �5' �M \,,,,, �y "� e�,�,���f ? � I x� W�e�•_, R€ 4 F s'' f ,^ ��:. r; , 15' '';',t� 'kt � ,fir. 4 s "i T�. ,/ y,y' axe t -itj* 1�T, iFi"a 4 J �, ,x .�ai kf ,t. .... � qs �.r ta . t a . ^ 4$ s ' p«.1 oP`". s � ..4 l S^fr � �"o� x �� . L partMaN y46wA¢hrMk,t:K. �4iL.v ._ • WW ;.. t.` i e m .rr June 7, 2005 CITY 4F RENT't�h! Dear Renton Council Members, J U N 1 3 2005 I do not think it is fair so I am going to convince you! CITY CLERKS s oFFfCE We have not been good people but they should not have to pay for us. The right thing to do is cut the fines. ft Sincerely, ,� lfa, 4,,,,rder Dailia Harden Renton Park Elementary ,0004,7 err •,sue- �, y, .. i' __- az ,f, F"" t ?� - a,rs-,>= '+Y- CY`a,o-�,s:L 3 R Y,,,,-'° 1 t. y w+4 z _ .-- mot s C °! w - , .,. ,. ,, „., ,,,. ...,- i....i, ...„,,,,,,,-,,,n,,,•,,r,,,:,,,_ r::,,, 000e, L { 1 tom,}] t , --,7, ., lS y • +�, .".V{3' ,Y _ ....„:„. r �z y r *y,t1'� .ate I d. s .T o � . l � • s a e� �� ; ' `. & . <w p eaA X 3 N;:::*,-.41,,,, ,,,,4!.0.0,,..-,,t., ) .. s � Y R �,rt3 .+Yi-". �9 P t fi#.Z v'''' i \S`@. .. i s �r ' }.�'5,tr�A•x a No0, 3 ��004:0^".,:;Pe'-';'��,:-.7:,'.':''', ts i�" �d£ �rf '� s �: �w��'�ia � F ^a _,4,- 't."..• t ' ..:.'",'. .. ar.rr "�J' p�+Fig F kbs.'X fi a +4, . '''' `'3 . h%5 �a &.3*. Y a „ ,r_ .P� < r�y(aya'' `y +,t ' '' rt Fly'' }_ l" 7:5'.t t,J � �3'}K Sd3� i �k L'K'k 1 CITY OF RENTON e 6, 2005 JUN 1 3 2005 RECEIVED Dear Renton Council Members, CITY CLERK'S OFFICE I am against it because I think the store shouldn't pay. It wasn't their fault. It's the people that steel them, it's their fault. Have cameras and people at the door. Sincerely, k 9 a (op . Bry House Renton Park Elementary I.; 16\\C\-p. June 7, 2005 /S CITY OF RENTON Dear Renton Council Members, JUN 1 3 2005 The issue is people are using carts, but they are not coming back. RECEIVED Instead, they are getting used for playing, jumping, riding, racing. CITY CLERK'S OFFICE .4 I think we should put cameras on them. � ' Sincerely, r'''' :�, `F ` Malik Jones Renton Park Elementary ,,-. 41Ik ,,,,, , 404.1644. 40 -. *` © r ) 7\. r %e June 6, 2005 1 . . OF RENTCSN Dear Renton City Council, JUN 1 3 2005 RECEIVED I'm going to talk about the grocery store problem when people take carts from tY6 CLERK'S OFFICE stores. They should have to pay double the money the carts cost because they stole. I also think the grocery stores should be more responsible of their carts. I think to solve the problem they need to put an invisible fence in every store. Sincerely, , ♦ R Keegan Robbins Renton Park Elementary 3rd grade frp • k " f 1. iyi, June 6, 2005 Dear Mr. Richard, Mrs. Henning, and Mr. Taylor, I think people should stop using carts for race cars and stealing them. I CITY OF RENTON think we should have a sheriff by the door and he holds a pile of paper. The people who come out of the store have to fill out a paper saying, "I will return the JUN 1 3 2005 carts back." I could support by: 1. helping this community. 2. Don't let my RECEIVED mom or dad do it. 3. Maybe on the weekends I could be the first part-time child CITY CLERK'S OFFICE helper. If it's ok with my parents, I would make sure people would return the carts in the cart returns. Now you know how I can make my community a better place. Sincerely, i Alicia Butler Renton Park Elementary • Bern-on CITY OF RENTON June 6, 2005 JUN 1 3 2005 RECEIVED Dear Renton Council Members, CITY CLERK'S OFFICE I think I do want the new law about the grocery store carts being stolen. I think it's not fair for you to pay, but it's fair if you find out who did it and they pay. I am happy you brought that problem up for us to be involved. I want that new law. Sincerely, //))�� \ i ..•N, 2206/tree_j_ez Nataliya Vasilchuk Renton Park Elementary 3rd grade .,r ' t' 'gave 'yore 56.113 June 7, 2005 CITY OF RENTON JUN 1 3 2005 Dear Renton Council Members, RECEIVED CITY CLERK'S OFFICE I am for the law because everybody needs to use them for stores. I think that the store managers shouldn't pay a fine. I think it is no fair for them to do that because it is not their fault that people steel the carts. There are more than three reasons I can give for reasons they steel the carts. The first reason is they use them as benches. The second reason is they race with them. The third reason is they are using them as play grounds. They use them as grocery carts for good reasons. This is why I am for the law. Sincerely, Hannah Ne so Renton Park Elementary Room #5 110 s t Nire NW 1*' June 7, 2005 CITY OFRENTON Dear Renton Council Members, JUN 1 3 2005 We have an issue with leaving store carts everywhere. RECEIVED I think all stores with carts should have a system so people don't use them for the�TY CLERK'S OFFICE wrong reason. Here are some things they are doing to the carts: 1. They are stealing them. 2. They could, and have probably already have done, is vandalize them. 3. They are not using them in the right way. I AM FOR THE LAW. Sincerely, / rica Garl Renton Park Elementary 3rd grade Op, , . , Al 10)? .`" June 6, 2005 OF RENTON Dear Renton Council Members, JUN 1. 3 2005 I am for this because people keep steeling grocery carts and children race with RECEIVED them not safely. Also, people leave grocery carts everywhere and they become CITY CLERK'S OFFICE litter. Also, on the grocery carts so people can't steal grocery carts so there not a danger for people. Thank you for coming and sharing that to us. Sincerely, c dtA Codey Ayers Renton Park Elementary Room #5 C " June 6, 2005 Dear Renton Council Members, V` 0%•► OF RENTON My option is for con because the store gets fined, and people do not return them. JUN 1 3 2005 I suggest to have people at the doors to make sure the customers return them to ECEIVED CITY C RLERK'S OFFICI the store. Shopping carts are left at apartments, bushes, and bus stops. Kids sometimes get hurt playing in the shopping carts. Shopping carts are used for shopping, that is why I choose con. Sincerely, Jessie Kuhn Renton Park Elementary a *04 ,.i • �., 6-Fee CITY OF RENTON Peat-- Pc,e7i-otri c ,yy, JUN 13 2005 RECEIVED CITY CLERKS OFFICE Clo.--es S 4 .0 6 . 1260.101 So.ox, -e cQ ! 4 e 5 -a 1,/e) C,,104-7 ca' e G1 brie' CqUeci rke#12 7-441 ` 64-371L' d GL/""` ,e't I Octi< — -27 5'041, 2a 4d e r tve/ frl Cr t- 3411°C "/-0 414;41e C ct,elaeto Ay 501(7/-161,1 191/0‘4044 fl2e7 (5 Ito ciAd e7e IC) t5 0 Pa, ei,/e.s.,, 57#1C �l ✓moo. ,----r ipowic oek.„ ._O sow ,940 CITY OF RENTON JUN 1 3 2005 `- J e,(A, r f) /o 7 G t, RECEIVED CITY CLERK'S OFFIC 6•y remrh6d- the 0/6 s hotA �(. 6 e rines. Ec°1 t^5°r reok d,orjf,; h >' c ° rs GL riot fhcy Pee some +o e their 9IOCtC/C-es hOwie. y s02ti+Io0 1S the people ha neecL f fa1e the e"15 i Ve file c_c\-.5I ye4.r 2d kr Ptone ii-to-Aec tjcl, f-!, con c�1 jou_ if yOk 4•© no f e 14tAiii 7e Co1,f -, fit �s d �I�v �� � �1+ 5o ! 16h fio keep ear .s Crop,' le .1,ji hoe re -1 th/h k sho tA,k. /kf- 1h vis1&Ir. 504e cxratAn f-pie a.re s© it- c.4.'i 1 c.tc *he tAr I Ii ee1s• I' h&vv or,e Tho re s o don YchA (AI K Id fell ki.4 n t- p/A j it) Hi C C' (J-s if I-Iiey aide hot h AaL f Sin per tf/sh/r� -Pro r ' h r 't V'o jtf" n GcL4 - K-r-T„. Povt t . .... CITY oFpfN,Tcm 6-1-7 05 JUN 1 3 2005 ) -eckir Ren-ron C r 9) RECEIVED do , CITY CyKKIC4.... pi ou a De C 'wed peb cc:kJ-V.) -ho•---1-- \Pio tNIK d,-- -i--- +At\ 4 _ 5-1-o )0 4- 1 V\iih g 100Si25 C Cx- H-s. T h-e/ peoelve (10(1)4- \HQ ir 3g1/4, ct,+- Gil e5 Vv \iNca Uk,() (Cci- es411 4--Vve CcDrelb-ifior) 0 -T W6 is vvIN b e'C: 1 ;17\r\-e- p ec a- 1-11-e, , an ES \e-Rdlc), 'tc)s-t-- -01,f),_ .•(),:1--4:', -2.-- t [ li)-Q NINJ 0 F- re Fs cl--itd n Vic- It QQR -pile c os,, , 1-, tcrhf I-N e spoic i 'T._ YI?) K Nt 0\ - \c-t ItS, S triou 1J ro -i- c), ,,, '1 (\ 4--VI\ / -en-Pbamct So ) peop L-E, couW4- 1,60k,v-e_ v\I-1+ A-Arve S o \NJ-t, cc\fl 5--\43 p p --o 1)1,e (nr, v,i o u J CAA K, 15 4- /o-, n K 4 FbC2-' --4A(1,1-6V1 P 04 ‘C E 3 *.• jobfe. 1) O5 CITY OF RENTON Dear I?en+O C31. JUN 1 3 2005 RECEIVED CITY CLERK'S OFFICE -... don + °gre- +hcd -he, shozAid be 4incd 550, 00 . Here ay- rn9 reasO'S w h Pcp1e, Dave, cars and +-he ► hoosc, is 7-4r so 4-heJ would need +ht. cor #. 2 The sore wr1n highsprices h re s one fcrn , egits m i ►+ 4- JO higherc, 3 Thc. s-cores cb-diN pcd Mei cart oUt.+ r‘ V il c. side 14-ere 5 My SO' L4+1 j +he-9 poi- a c)ak placew here tok es c owle and 4 "per50° WI' 11 he hers 2 '1 - 77 ok o c1 n'1C ke, S tx ``c,, 'hck cads core )-1.. go Abocar, H , i � '� ct rl & 11Cer eit3 DW ()CZ ._ 'PCLVL 3 (c C c 6/0 CITY OF RENTON e v 4-0 c Li) ; s_ I JUN 1 3 2005 RECEIVED 'G 1 cLERK 1-\ c-A t3 N c -fro c vl C c 6, 6 Pi Iic 51OKet,:,;:, kr l7LC1C e 0 if S -i1 Rfoio- t/1 nt-1, eid In if g ite'? Iipi g 0 ,6,0-ost., , v&47 (1, c,otr ert asor NA/ IA ji ot 0 vcv ov1d d o e 4.; 1,2 / / tic o 0 tell 1?1 '1" 00, ot -P 3 , people ver c,Qt. iff'? e & iif i-I-1 s ill / IA at fa d o4Iy` f2 0011-0 I e ci s r -4-11 c --/- K ,e) 11/1 6 frt a cif 1-171 s 6' ir; s7 "11 (,) IC 6 kik/ tri o k o\ V -Ivhb0 CI (4 0 Totelvi- or g a 6t, 4r"ki I 61 .1 j 8- tiirrt CITY of OF RENTON I DeQC\ ' e r\ i0(\ C 1 1 vi J JuN i 3 2005 RECEIVED _ 'N -II, , . ClIf RirspFFICE I, ..., c.J t itvf Of fic,td 50,1,0A:L 0 Q t c(Ir A 1 b e tcwsP (IC [- Co rf ,---- i - aCCA ft - S .0 1- h f \i' sLou lbj Li,' 4 , c, o m irfcl 71‘., @, 1 t, e -10.p --! 11\04 I \tap -1- 4 4.o belt 1 ;i-ctr\ii 1'1 0 ckilf -14 mck 0.5 \I 0 c i 4 I D 6 k ctisyc -krii 0 (\(1 0 1/41 4 Pixy t le trvk ekv . , x—.01L_ C_ yCIA-x- _ _, June 6,2005 *ow Renton City Council Minutes •✓ Page 209 Development Services: An ordinance was read adding a new subsection,to Section 5-1-2.F of Chapter Grocery Cart Abandonment ' 1,Fee Schedule,of Title V (Finance and Business Regulations)and a new Chapter 6-27, Shopping Cart Regulation, to Title VI(Police Regulations)of City Code relating to abandoned shopping carts. MOVED BY LAW, SECONDED BY NELSON,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/13/2005. CARRIED. NEW BUSINESS MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL REFER THE Annexation: Policy ISSUE OF AN ANNEXATION POLICY TO THE COMMITTEE OF THE WHOLE. CARRIED. AUDIENCE COMMENT Tom Carpenter, 15006 SE 139th Pl.,Renton, 98059,expressed support for the Citizen Comment: Carpenter- Citizens'Alliance for a Responsible Evendell's annexation and sewer East Renton Plateau Potential moratorium efforts; however, he stressed that the fundamental concern of the Annexation Area East Renton Plateau area is not being addressed. If the area is annexed to Renton,the City will face the issue of how quality of life is maintained, if not improved, as the area is developed out according to the urban growth area designation that occurs in the Growth Management Act. Mr. Carpenter also stressed that it is important to address this issue as a joint effort between the affected residents, the developers and realtors, King County, and Renton. Citizen Comment: Hardy- Dave C. Hardy, 19235 108th Ave. SE,#206, Renton, 98055, urged the Mayor Children Testifying in and Councilmembers to study State House Bill 2068, which relates to children Dissolution Proceedings (HB testifying in dissolution proceedings, and to issue opinions that he will transmit 2068) to the prime sponsor of the bill, Representative Bob Hasegawa. Noting that he did read the bill,Councilman Corman stated he was impressed with the amount of passion Mr. Hardy has for the bill and acknowledged Mr. Hardy's personal connection with the subject matter. EXECUTIVE SESSION MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL RECESS INTO AND ADJOURNMENT EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS PROPERTY ACQUISITION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:34 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:44 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 6, 2005 May 23,2005 .. Renton City Council Minutes ....► Page 196 Planning &Development Planning and Development Committee Chair Clawson presented a report Committee regarding abandoned shopping carts. The Committee recommended Development Services: concurrence in the staff recommendation to adopt the shopping cart regulations. Grocery Cart Abandonment The proposed regulations require that businesses with more than ten shopping carts prepare and file a plan with the City to prevent the illegal removal of carts from the business premises. The proposed regulations further seek to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on public or private properties. The proposed regulations allow the City to impound shopping carts, and charge a fine if the owner fails to pick up impounded carts after receiving verbal notice from the City. The Committee recommended that the shopping cart regulations be adopted, and that an ordinance regarding this matter be presented for first reading. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3755 A resolution was read approving the Wilkinson II Final Plat consisting of Plat: Wilkinson II, Shattuck approximately.94 acres located at 2245 Shattuck Ave. S. (FP-05-030). Ave S,FP-05-030 MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5138 An ordinance was read annexing approximately 27.5 acres generally bounded Annexation: Honey Creek by 126th Ave. SE on the west; Union Ave. NE on the east; SE 100th St., if East, Union Ave NE extended,on the north; and SE 102nd St. (NE 22nd St.) on the south(Honey Creek East Annexation). MOVED BY CLAWSON, SECONDED BY NELSON,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5139 An ordinance was read establishing the zoning classification of property Annexation: Honey Creek annexed within the City of Renton generally bounded by 126th Ave. SE on the East,R-8 Zoning west;Union Ave. NE on the east; SE 100th St., if extended, on the north; and SE 102nd St. (NE 22nd St.)on the south from R-6(Urban Residential -six dwelling units per acre; King County zoning)to R-8 (Residential-eight dwelling units per acre) zoning; Honey Creek East Annexation. MOVED BY CLAWSON, SECONDED BY NELSON,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5140 An ordinance was read annexing approximately 26.14 acres generally located at Annexation: Maplewood East, the northwest corner of 156th Ave. SE and SE 136th St. (Maplewood East SE 136th St& 156th Ave SE Annexation). MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5141 An ordinance was read establishing the zoning classification of property Annexation: Maplewood East, annexed within the City of Renton generally located at the northwest corner of R-4 Zoning 156th Ave. SE and SE 136th St. from R-4(Urban Residential -four dwelling units per acre; King County zoning)to R-4(Residential-four dwelling units PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT Date 4).V.246- May 23,2005 Abandoned Shopping Carts (Referred June 24, 2002) The Planning and Development Committee recommends concurrence in the staff recommendation to adopt the Shopping Cart Regulations. The proposed regulations would require that businesses with more than ten (10) shopping carts prepare and file a plan with the City to prevent the illegal removal of carts from the business premises. The proposed regulations further seek to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on public or private properties. The proposed regulations would allow the City to impound shopping carts, and charge a fine if the owner fails to pick-up impounded carts after receiving verbal notice from the City. The Committee recommends that the Shopping Cart Regulations be adopted, and that an ordinance regarding this matter be presented for first reading. Dan lawson, Chair , Denis W. Law, Vice Chair Marcie Palmer, Member cc: Gregg Zimmerman,P/B/PW Administrator Neil Watts,Development Services Director Jennifer Henning,Principal Planner 4 - May 23,2005 *ow' Renton City Council Minutes '400' Page 194 Court Case: Michael Randy Court Case filed on behalf of Michael Randy Hoff by Robert S. Bryan of Hoff,CRT-05-007 Shafer,Moen, &Brian, P.S., 1325 4th Ave., Suite 940, Seattle, 98101, alleging that the plaintiff was falsely arrested(on 5/27/2003), falsely imprisoned, falsely accused of committing criminal acts and falsely prosecuted on charges eventually dismissed. Refer to City Attorney and Insurance Services. Plat: Wilkinson II,Shattuck Development Services Division recommended approval, with conditions, of the Ave S,FP-05-030 Wilkinson II Final Plat, five single-family lots on .94 acres located at 2245 Shattuck Ave. S. (FP-05-030). Council concur. (See page 196 for resolution.) MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.c. FOR SEPARATE CONSIDERATION. CARRIED. CAG: 05-052,Gene Coulon City Clerk reported bid opening on 5/5/2005 for CAG-05-052, Gene Coulon Park Boat Launch Repair, Memorial Beach Park Boat Launch Repair;three bids; engineer's estimate Global Diving&Salvage $133,874; and submitted staff recommendation to authorize the use of excess budget from completed projects and award the contract to the low bidder, Global Diving&Salvage,Inc.,in the amount of$109,168.08. In response to Council President Briere's inquiry, Community Services Administrator Dennis Culp explained that this project was previously bid in October 2004. However,due to time delays brought on by the contractor, the "fish window" timeframe for the project was missed. The City withdrew the contract, and rebid the project in 2005. Mr. Culp indicated that the funding originally allocated to this project is insufficient, but savings from already completed projects were carried forward as part of the Major Maintenance/Parks Maintenance budget for 2005 and are available to use on this project. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL CONCUR IN CONSENT AGENDA ITEM 7.c. CARRIED. CORRESPONDENCE A letter was read from Clifton A.Finch, Vice President of the Washington Citizen Comment: Finch- Food Industry,711 Capitol Way, Suite 700,Olympia, 98501, asking that the Grocery Cart Abandonment Washington Food Industry be given six months to develop a less burdensome approach to the matter of abandoned shopping carts that meets both the needs of the retailers and Renton. Councilman Corman inquired as to whether the Planning and Development Committee members were in receipt of this letter in time for their meeting at which the topic was discussed. Councilman Law indicated that Mr.Finch attended the meeting and discussed the matter with the Committee members. (See page 196 for committee report.) UNFINISHED BUSINESS Council President Briere presented a Committee of the Whole report Committee of the Whole recommending concurrence in the staff recommendation to establish a Utility: Sewer Moratorium in moratorium on sewer availability for new subdivisions on the East Renton East Renton Plateau PAA Plateau subject to the following conditions: • The moratorium be established for a six-month period. • If the Citizens'Alliance for a Responsible Evendell(CARE)fails to put together a formal package for annexation to the Council within the six- month period, then the moratorium will automatically expire unless extended by future Council action. , v 5/ o o5 ,I ( Washington Food ' I SNCE ,ass Industry Protecting, promoting and supporting the interests of the food industry Chairman of the Board Kevin Stormans May 17, 2005 CITY OF RENTON Stormans, Inc. Executive Vice Chair Council Members MAY 1 8 2005 Renton City Council Donna Giordano 1055 South Grady Way RECEIVED QFC Renton, WA 98055 CITY CLERK'S OFFICE Vice Chairman Dale Henley Honorable Members of the Renton City Council, Haggen, Inc. Larry Langsweirdt The Washington Food Industry represents the majority of grocers and food SUPERVALU, Inc. distributors in Washington State. We are committed to our mission of providing Greg Sparks safe, affordable food to the working families of Washington State. Regulatory Safeway, Inc. schemes can either assist us in that mission or create unnecessary obstacles. Tyler Myers The City of Renton proposed ordinance on abandoned shopping carts has clearly The Myers Group been drafted with a great deal of thought and we appreciate the effort that has Past Chairman gone into it. Until now the food industry has not provided adequate feedback and Jack Menashe our hope is that through constructive dialogue we can forge an even better Encore Associates, Inc. solution. Directors Our bottom line is simple. Give us six months to work out and implement a Ray Bowen less burdensome approach that meets both of our needs. This approach Charlie's Produce will still require an ordinance to insure that all retailers play by the rules, Jim Anderson but will reduce unnecessary work for the City and retailers. We are not Brown&Cole Stores seeking a delay; we are seeking implementation of a more efficient model. Bob Hermanns Unfortunately, even though your staff contacted local store managers there Associated Grocers were no communications with corporate headquarters or trade Loren Richey associations. Dreyer's Grand Ice Cream In the industry we start from a simple foundation. Carts cost from $80 to $250 and Randy Kaiser are not something that stores can easily write off. For the most part, abandoned Pepsi Company shopping carts are the result of theft. Whether it is a purse or shopping cart that Bob Kirkpatrick is stolen in a parking lot, the discussion should begin with how can we reduce SUPERVALU, Inc. crime. Retailers continue to be disturbed by the tendency in government to Michael Read manage minor crimes and further burden the victim, rather than address the more Winco Foods difficult enforcement questions. We would like to see a greater emphasis on the enforcement strategy side of the equation and would like to work with you on this Dean Sonnenberg component. URM Stores Don Stolz From that foundation, we move to the cart retrieval issue. Here we do believe Skyway Market retailers have an obligation to retrieve carts. The facts are these. Some stores Jim Tanasse have shopping cart theft problems of 15% per year or greater, others are under Kraft Foods 1%. It is a waste of everyone's time to burden stores that do not have a theft Jim Wilcox • problem with the requirements detailed in the proposed ordinance. For smaller Wilcox Farms independent stores in particular the costs as a percentage of sales in the Bill Young proposed ordinance would be significant. Market Place Mike Davis Tidyman's Vice President Perimeter systems technology is still not cost-effective except in the most extreme cases. The problem is not only the initial cost that can run more than $150 per cart, but also the ongoing maintenance costs. Deposit systems have been tried, are less effective, meet strong customer resistance and entail their own costs. What we are looking at is a more streamlined approach that would require stronger local policing, labeling of carts, retrieval of carts by retailers, and penalties for retailers who do not comply. There would be no prevention plan requirements unless a retailer failed to comply, in which case most of the requirements in the proposed ordinance would become mandatory for that retailer. Such an approach will require retailers to coordinate a retrieval effort and we need time to determine if that is better handled at the store or city level. We also need time to share our thoughts with other retailers and work with you to insure all significant concerns are addressed. Currently grocery stores are facing a landslide of regulations. The federal country of origin labeling went into effect in April, the new State Food Code went into effect this month, the federal bioterrorism rules go into effect in December, and the new federal food labeling requirements go into effect in January ---just to name the industry specific obligations. The U.S. food industry has achieved a miracle, delivering food at a lower cost than any other industrialized nation. That miracle is now threatened by increasing regulation. Whether it is federal trans fat labeling or the Renton shopping cart ordinance it is important that we work together to achieve the optimum result. Thank you for your consideration. Respectfully, Clifton A. Finch Vice President 1\I L&p1tot Way1 Suite '1o0 O1 yrpi' , WA- 9 0/ 2 of 2 � � PI��`�<��;�:r'�� �� � �� a'?r RECEIVED Ciar Siggl009 MAY 17 2005 ,(Y O Renton City Council ��� PLANNING/BUILDING/ + + PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: May 16, 2005 TO: Terri Briere, Council President Members of the Renton City Council CC: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief dministrative Officer FROM: Gregg Zimmermai0Administrator STAFF CONTACT: Jennifer Henning, Principal Planner SUBJECT: Abandoned Shopping Cart Regulations The Draft Shopping Cart Regulation Ordinance is attached for your review. Copies of the Draft Ordinance were mailed to stores within the City, and to parties-of-record. As you will note, the Draft regulations have new text underlined,while eliminated text is shown using strike-through. The Ordinance would regulate abandoned shopping carts. It would require that businesses file a plan with the City to prevent the illegal removal of carts from the business premises; it's purpose is to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on residential properties. The City would be allowed to impound shopping carts, and may charge a fine if the owner fails to pick-up impounded carts after receiving verbal notice from the City. Comments on the draft regulations were received via telephone and email from representatives of the Washington Food Industry. A task force from the group is planning to attend the Planning and Development Committee meeting on May 19`h to discuss their concerns. The comments expressed are similar to those stated by local retailers; that the regulations are targeting the stores, rather than the person removing the cart from the premises. In addition to the draft regulations, staff has prepared guidelines for the submittal of the Abandoned Shopping Cart Plan. A copy is attached for your review. , ti CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,ADDING A NEW CHAPTER, 6-27, SHOPPING CART REGULATION, TO TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO ABANDONED SHOPPING CARTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. A new Chapter, 6-27, Shopping Cart Regulation, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby added, to read as follows: 6-27 SHOPPING CART REGULATION SECTION: 6-27-1: PURPOSE 6-27-2: DECLARATION OF NUISANCE 6-27-3: ABANDONED SHOPPING CART PREVENTION PLAN; APPLICABILITY 6-27-4: EXEMPTIONS 6-27-5: DEFINITIONS 6-27-6: ABANDONED SHOPPING CART PREVENTION PLAN 6-27-7: RETRIEVAL AND IMPOUND PROCEDURES 6-27-8: FEES AND DISPOSITION OF CARTS 6-27-9: ILLEGAL POSSESSION OR ACCUMULATION OF CARTS A6-27-1. PURPOSE. It is the primary purpose of this ordinance to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public safety and improve the image and appearance of the City. It is a purpose of this ordinance to have the owners and operators of businesses providing shopping carts use the means available to them to 1 Nese ORDINANCE NO. deter, prevent or mitigate the removal of shopping carts from their business premises. It is a further purpose of this ordinance to prevent the illegal removal of shopping carts from the business premises, to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on residential properties. It is a purpose of this operators of businesses providing shopping carts for the convenience of customers, to prevent the removal of shopping carts from business premises and parking lots, and to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public safety and improve the image and appearance of the City. B6-27-2. DECLARATION OF NUISANCE. Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. Shopping carts that have been removed from the premises of the business and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other right of ways, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter, or in any other manner provided by law. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof either is:either: 2 ORDINANCE NO. 4,A. An Authorized Agent. The owner, or an employee or authorized agent of the owner, entitled to possession of said-the shopping cart; or 2,B. Retrieval Service Employee. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or 3. C. Enforcement Offer-Personnel. An enforcement officer A City employee or agent retrieving, storing or disposing of said cart pursuant to the provisions of this code. D. An Authorized Customer. A customer of the owner of the shopping cart, having the written permission of the owner or owner's agent to remove the shopping cart from the owner's premises. Such permission, however, shall contain a requirement that the cart be returned immediately after its use. E6-27-3. ABANDONED SHOPPING CART PREVENTION PLAN; APPLICABILITY. Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written Abandoned Shopping Cart Prevention Plan approved by the City to provide for the containment of shopping carts on the premises of the retail establishment (Shopping Cart Containment Plan), and for the retrieval of lost, stolen, or abandoned shopping carts which have been removed from the premises of the retail establishment (Shopping Cart Retrieval Plan). D6-27-4. EXEMPTIONS. The requirements of this !'Chaster shall not apply to any retail establishment which provides a total of 10 or less-fewer shopping carts for use by customers of such business, or which retail establishment complies with the requirements of 3 ORDINANCE NO. RMC RMC 6-27-3 of this chapter. This section Chapter shall not apply to carts that are removed for repair or maintenance. E6-27-5. DEFINITIONS. Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meaning: IA. `City' means the City of Renton, Washington. 2B. `Development Services Director' means the Development Services Director of the City. 3,C. `Enforcement Personnel' means any police officer, code enforcement inspector, or designated staff employed by the City of Renton. 4.D. `Lost, Stolen, or Abandoned Shopping Cart' means a shopping cart that is either: (a)l. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (b)2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner. 3. (c) For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either: ia. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or, 4 ORDINANCE NO. i4b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or, i4ic. An enforcement officerCity enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code. d. A customer with written permission from the owner or agent of the owner to take the cart off premises. 5E. `Owner' means any person or entity, in connection with the conduct of a business owns, leases,possesses, or makes a shopping cart available to customers or the public. 6F. `Parking Area' means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or a shopping center shall include the entire parking area used by the multi-store complex or shopping center. 7G. `Premises' means any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Renton, including the parking area provided for customers in such retail establishment. &H. `Retail Establishment' means any business located in the City of Renton which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. 9I. `Retrieval Personnel' means those persons identified in the Shopping Cart Retrieval Plan as providing cart retrieval services, whether employees of the business or independent contract services. 5 ORDINANCE NO. 4-0J. `Shopping Cart' or `Cart' means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. I€:6-27-6 ABANDONED SHOPPING CART PREVENTION PLAN 4,A. Plans Required. Abandoned Shopping Cart Prevention Plans shall be required to be filed with the Development Services Director either: within six (6) months of the opening of the business; or, within six (6) months of the effective date of this ordinance. The plan shall include sections detailing the store's strategy for preventing shopping carts from leaving the business site and parking lot (Shopping Cart Containment), and define defining the methods that will be implemented to retrieve shopping carts abandoned off-site (Shopping Cart Retrieval). 2B. Shopping Cart Containment Plans. Shopping Cart Containment Plans shall detail the business' approach to retain carts on the property occupied by the business. At a minimum, each Shopping Cart Containment Plan must demonstrate how the following requirements 240B_1 through B.4 through (d)will be met. (a)1. Signs on carts required: Every shopping cart made available for use by customers shall have a sign permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended: a. Identification of the owner of the shopping cart or the name of the business establishment, or both. Notification to the public of the procedure to be utilized for authorized removal of the cart from the business premises. 6 4,110 ORDINANCE NO. ic. Notification to the public that unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of City and state law. id. A current telephone to report the location of the abandoned cart. (b)2. Notice to customers: Written notice shall be provided to customers, that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state and City law. (E)3. Employee training: The owner of the retail establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees of the requirements of the Abandoned Cart Prevention Plan and the provisions of state and City law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. 4. (d) Measures to contain shopping carts on site: The owner of the retail establishment may install specific physical measures on the carts or implement other measures to prevent cart removal from business premises. These measures may include, but are not limited to: Installing disabling devises on all carts, b.i Posting store personnel to deter and stop customers who attempt to remove carts from business premises, 7 ORDINANCE NO. iii.c. Installing bollards and chains around business entrances/exits to prevent cart removal, id. Requiring security deposits required for use of all carts, or tee. Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting purchases. (05. Collaboration with other businesses: Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Shopping Cart Containment Plan. ha. Shopping Cart Retrieval Plan. Shopping Cart Retrieval Plans shall detail the business' approach for retrieving shopping carts removed from the property occupied by the business. At a minimum, each Shopping Cart Retrieval Plan must demonstrate how the following requirements of subsections 3(a)B.5.a(1) and (2) and (b)will be met. (1) (a) Retrieval personnel. The owner shall provide personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The Shopping Cart Retrieval Plan shall either: Identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services, and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts, or Include a copy of each contract with a cart retrieval service (other than confidential financial information that may be retracted from the contract). 8 ORDINANCE NO. (l)W Prompt retrieval of carts. The owner shall: i-:fi) Provide retrieval personnel in sufficient number to assure that all public streets within a minimum one-half mile radius of the premises of the retail establishment are patrolled not less often than every 72 hours. Immediately retrieve and remove each lost, stolen or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols from any public or private property upon which the cart is found. (c) (3) Patrol area and resources. The Shopping Cart Retrieval Plan shall: (i) Identify the streets and bus stops which will be patrolled as required by this subsection as well as the manner, frequency, and times of such patrols. Include information such as the number of trucks, hours of operation and retrieval personnel, as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operation to comply with the provisions of IL7,4444 and the approved Abandoned Shopping Cart Prevention Plan. 2.1). Plan Submittal and City Review (a)(1) Plan review and decision. Upon the filing of any proposed plan pursuant to this chapter, and receipt of the required $100 processing fee, the Development Services Director shall review said proposed plan and either: 1) approve, 2) approve with conditions, or 3) deny the Abandoned Shopping Cart Prevention Plan. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. The owner may appeal a decision of the Development Services Director in the time and manner provided in RMC 4,,8 1E10. 9 ORDINANCE NO. (b)L21 Amendments by owner. The owner of any retail establishment which has an approved Abandoned Shopping Cart Prevention Plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan, which shall be processed and a decision issued within fourteen (14) calendar days following the receipt thereof by the Development Services Director. (e)(3) Implementation of plan. The proposed measures shall be implemented no later than ninety (90) days after City approval is given, unless otherwise stated in the decision approving the plan. Unless otherwise agreed, any modifications to the plan imposed by the City shall be implemented within ninety (90) days after the City notifies the owner of the needed modifications. Sc. Appeals. (al) Filing of appeal. Any owner aggrieved by any adverse decision of the Development Services Director pursuant to this chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the Hearing Examiner or City Clerk a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed filed on the date the $75.00 appeal processing fee has been paid. No appeal shall be accepted for filing and processing by the Development Services Director unless accompanied by the appeal processing fee. (ba) Notice of hearing. If the appeal is timely filed, the Examiner shall cause the matter to be set for hearing. The appellant shall be provided not less than 10 calendar days written notice of the date, time and place of the hearing. The Hearing Examiner shall conduct the hearing pursuant to the provisions of R.M0448411,0. F6-27-7. RETRIEVAL AND IMPOUND PROCEDURES. 10 'r1 ORDINANCE NO. 4-A. Retrieval of Shopping Carts. The City may immediately retrieve any lost, stolen or abandoned shopping cart within the City where the location thereof will impede emergency services. The City may immediately retrieve any lost, stolen or abandoned cart within the City which does not have the required sign affixed to it per We The City may retrieve any lost, stolen or abandoned shopping cart within the City which has the sign affixed thereto after providing the requisite notice to the owner, retailer, or agent as required by TWI.0 unless such notice has been voluntarily waived by the owner, retailer, or agent. 2B. Impoundment with Notice. Enforcement personnel may impound a shopping cart which has a sign affixed to it as described in 0 .':? above, if both of the following conditions have been satisfied. 1.(a) Location outside of premises. The shopping cart is located outside the premises or parking area of a retail establishment, and, 2.(b) Failure to retrieve cart. The shopping cart is not retrieved within one (1) day from the date the owner of the shopping cart, or their agent, receives actual notice from the City of the shopping cart's discovery. 3:C. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied. (a)1. Hazardous location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, or is on private property, City enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it; or, 11 "'"' ORDINANCE NO. (b)2. Lack of identification. If a shopping cart does not have the required identification sign affixed thereto, City enforcement personnel are authorized to immediately retrieve the shopping cart from the public or private property and impound it. G6-27-8. FINES-FEES & DISPOSITION OF CARTS (a) A. Failure to retrieve carts. The City may impound any shopping cart not retrieved by its owner after the owner has received the City's one-day verbal notice. fine the owner of a shopping cart if the owner fails to retrieve its abandoned shopping cart(s) after receiving the City's one day verbal notice. Any owner who fails to retrieve abandoned carts in accordance collects shall constitute a separate occurrence. fb3B. Impounded carts. The City may fine charge a fee to the owner of a shopping cart if the owner fails to retrieve its impounded shopping cart(s) after receiving notice from the City. Any owner who fails to retrieve impounded carts in accordance with these regulations shall be subject in the amount of a $50 fine for each eccurencecart and/or each occurrence. Each cart the City collects shall constitute a separate occurrence. However, any owner having installed a locking device on its carts, and that locking device has been disabled by other than the owner, then that cart shall be exempt from the $50 fine. (c) C. Disposition of carts. The City may sell or otherwise dispose of any cart not reclaimed from the City within 30 days from the date of the City's notification to the owner. 6-27-9. ILLEGAL POSSESSION OR ACCUMULATION OF CARTS 12 9411110 ORDINANCE NO. A. Any person removing a shopping cart from the premises of an owner, without the written permission of the owner or the owner's authorized agent, shall be guilty of theft in the 3rd degree, which is a misdemeanor. B. Any lessee of residential property that knowingly allows one or more shopping carts to remain on the leased property without written permission of the owner of the shopping cart or the owner's authorized agent, is guilty of possession of stolen property in the 3rd degree, which is a gross misdemeanor. The lessee shall be exempt from the provisions of this ordinance if the lessee contacts the owner of the cart(s) weekly until the carts are removed and asks that the carts be retrieved, keeping a record of such contact. C. Any owner of multi-family housing which allows an accumulation of three or more shopping carts upon the multi-family premises, which have been removed without the written permission of the owner or the owner's authorized agent, shall be guilty of a nuisance. Such accumulation shall be illegal, and an infraction under RMC 1-3-2, and punishable thereunder. There shall be an exemption for the owner of any multi-family housing who has sent a letter to all tenants, on a quarterly basis, advising the tenants to not leave shopping carts on the premises of the multi-family property and who has kept a record of such letters. The owner of the multi- family housing, to claim this exemption, must also contact the owner of the carts weekly until the carts are removed, and ask that the carts be retrieved, keeping a record of the date and time of such contact. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2005. 13 ORDINANCE NO. `"r Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1165:01/26/05 14 „,,,,„„,r4 „ , ,..,„,, ,,,„. _,,,..,,, . ,,,..„.,„,_,..,„ ,.,.,.,„„_ ;,,,,,,, • - - -. ,-,..., -:-, ,,,,... — ,,, i, - - , ,., * , , ,,,,. _ii, SUBMITTAL REQUIREMENTS ABANDONED SHOPPING CART PREVENTION PLAN ,. , , City of Renton Development Services Division 1055 South Grady Way-Renton,WA 98055 Phone: 425-430-7200 Fax:425-430-7231 Email: codecompliance@ci.renton.wa.us PURPOSE: This guidance document is intended to assist you in the development of your Abandoned Shopping Cart Prevention Plan. RMC MANDATORY ABANDONED SHOPPING CART PREVENTION PLAN: Every Owner who provides eleven (11) or more Shopping Carts who allows or intends to allow the use of Shopping Carts shall develop, implement, and comply with the terms and conditions of an Abandoned Shopping Cart Prevention Plan to prevent the unauthorized removal by any person of any Shopping Carts from the Owner's premises and, if removed, to retrieve the Shopping Cart within twenty-four (24) hours of the removal or notice of the removal. The Abandoned Shopping Cart Prevention Plan shall include the following elements: All Plans and Attachments must be folded to 81” by 11" Prevention Plan Description Elements Name of Business Name of Business/Owner Name of Owner Business Location The Name of the Owner and the business name, the physical address where Name of On-Site the business is conducted, name, address and phone number(s) of the on-site Contact and off-site Owner if different. Phone Number(s) Number of carts Inventory of Shopping Carts (What is the total A total number of all Shopping Carts maintained on or in the premises. number of Shopping Carts maintained on or in the premises?) Community Outreach Community Outreach (Please indicate how A description of a community outreach process under which the Owner shall you will provide cause notice to be provided to customers that the removal of Shopping Carts outreach to your from the Premises is prohibited and is a violation of state and local law. This customers to advise notice may include, but is not limited to, flyers distributed at the Premises, them removing carts warnings on shopping bags, signs posted in prominent places near door and without written parking lot exits, direct mail, announcements using intercom systems at the permission is a Premises, web site or other means demonstrated to be effective to the violation of State law) reasonable satisfaction of the Director of Development Services. Any and all posting of signs shall comply with the provisions of the Renton Municipal Code, including, without limitation, Title PW/DevServ/Forms/Planning/ShpingCrt2 1 05/10/05 . Shopping Cart ShopIff5q Cart Identification Required Signage Every Shopping Cart owned or provided by any Owner must have a sign permanently affixed to the Cart that contains all the following information: 1.Identity of Owner, business establishment, or both. 2.The address or phone number of the Owner of the business establishment for Cart return. The cart signage must also indicate the actual store site. 3.Notification to the public that the removal of the Shopping Cart from the Premises is a violation of State Law. 4.Legal means of Shopping Cart Removal which is a written permission from the storeowner or his agent. Shopping Cart Shopping Cart Containment Measures Containment Measures A description of the specific measures that the Owner shall implement to prevent Shopping Cart removal from the Premises. These measures may include, but are not limited to, electronic or other disabling devices on the Shopping Carts so they can not be removed from the Premises, effective management practices, use of courtesy clerks to accompany customers and return the Shopping Carts to the store, use of security personnel to prevent removal, security deposit for use of Cart, or other demonstrable measures acceptable to the Director that tare likely to prevent cart removal from the Premises. Mandatory Shopping Mandatory Cart Retrieval Cart Retrieval A plan for retrieval of abandoned Shopping Carts by the Owner within twenty- four (24) hours. Employee Training Employee Training (Please describe the A description of an ongoing employee training program that shall be method of employee implemented by the Owner and that shall be designed to educate new and training on Abandoned existing employees on the Abandoned Shopping Cart Prevention Plan and Shopping Cart conditions contained therein no less frequently than annually. Prevention Plan) Prevention Plan Fee Prevention Plan Fee ($100.00 US dollars) Every Owner who is required to submit an Abandoned Shopping Cart Prevention Plan or an application for a modification of and Abandoned Shopping Cart Prevention Plan pursuant to this Chapter shall submit with the Plan or Plan modification, a fee for the Director's review of the plan or Plan modification in the amount set forth in the Schedule of Fees established by resolution of the City Council. To obtain a complete copy of the Abandoned Shopping Cart Ordinance, please visit the City of Renton's Web Site at www.ci.renton.wa.us PW/DevServ/Forms/Planning/ShpingCrt2 2 05/10/05 fir/ Z 2 Y.:'b a a At o ti a) ,. a): 0 Cd -0 cct-o °'my eo ,b s.Y o g7.4 • o 11)'Z 4 a F• PQUwy •�oic e, ,. ao'� .. 5aa Q'coad o o.dz 0sa 2 �ap"y ,, ' 0 -. aa. a'›y0.0z aw � • s � r r' xa' �' x< oao0'U daw ov . p � �s4I 0C, =+' ..0v a) a 0 � r a � 4� p,�U ,- ^Cyaa> ybUwW .'" a0aq. 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'O V p" C 7 0.. a) Z .� „ v) a) ? - T bD ?, .-C CI Z n a) '^ w 0 p 7 '^ `4 0 c`) w U a) = O O '0 O a � R'i cdu O UUV) H .'Y. -o c 3 E-- o .F. .-a —) vi HZ < U December 6,2004 *✓ Renton City Council Minutes '""' Page 430 Annexation: Park Terrace, NE Economic Development, Neighborhoods and Strategic Planning Department 8th St&Duvall Ave NE submitted 60% Notice of Intent to annex petition for the proposed Park Terrace Annexation, and recommended a public hearing be set on 12/20/2004 to consider the petition and future zoning; 7.65 acres located south of NE 8th St. and east of Duvall Ave. NE. Council concur. Finance: 2004 Budget Year- Finance and Information Services Department submitted proposed 2004 Year- End Adjustments End Budget Adjustments ordinance in the total amount of$13,213,500. Refer to Finance Committee. Finance: Sales Tax Sourcing Finance and Information Services Department recommended approval of an Lobbyist Services (Sales Tax interlocal agreement with the City of Kent and other cities regarding payment Streamlining), City of Kent and supervision of sales tax sourcing lobbyist services with the goal of obtaining mitigation of the impacts of sales tax streamlining. Council concur. (See page 432 for resolution.) Police: Jail Inmate Health Police Department recommended approval of a contract with Occupational Services, Occupational Health Health Services (Public Hospital District No. 1 of King County)in the amount Services of$158,462 for health services for Renton jail inmates for 2005. Council concur. CAG: 02-099, Yakima County Police Department recommended approval of a second amendment to the Jail Services,King County Yakima County jail services contract with 34 King County cities (CAG-02- Cities 099), which reduces the financial obligation of all the cities and clarifies responsibilities regarding billing and payment. Council concur. (See page 432 for resolution.) Utility: Sewer Service Utility Systems Division recommended approval of an ordinance revising Connection Outside City policies by which the City allows connection to its sanitary sewer service by Limits, City Code Amend property owners outside the current City limits. Refer to Utilities Committee. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Darla Casebolt, 215 Pelly Ave. N.,Renton, Citizen Comment: Casebolt- 98055, suggesting the implementation of coin-return kiosks as a way to address Shopping Cart Abandonment shopping cart abandonment,rather than fining stores. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. UNFINISHED BUSINESS Transportation (Aviation)Committee Chair Palmer presented a report Transportation(Aviation) recommending concurrence in the staff recommendation to accept federal Committee Surface Transportation Program/Urban Countywide grant funding in the Transportation: Maple Valley amount of$392,947 for construction of the Maple Valley Hwy(SR-169)HOV Hwy Phase I Improvements, (high occupancy vehicle)Lanes and Queue Jump Improvements Project,Phase WSDOT Grant I. This work will consist of roadway and pedestrian improvements on SR-169 in the vicinity of the I-405 on and off ramps. The Committee further recommended that the resolution authorizing the Mayor and City Clerk to enter into the agreement with Washington State Department of Transportation regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 432 for resolution.) GG2�iX.r� *ere war% From: Citizens to Council Via Clerk I /0 v- To: Darla Date: Mon, Nov 22, 2004 9:06 AM I Subject: Re: Shopping carts Dear Ms. Casebolt: Thank you for your e-mail to the Renton City Council. Copy is being forwarded to all Councilmembers for review and consideration. If I can provide further assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Darla" <caseboltd@comcast.net> 11/20/2004 1:58:57 PM >>> In response to the question of shopping cart abandonment. I suggest you consider using the system that the airport has. Pay for the use of the cart and receive that payment back when the cart is returned. Putting a fine on the stores themselves is going to result in higher prices at those stores. This in turn will hurt more people than the system mentioned above. Darla Casebolt 215 Pelly Avenue No. Renton, WA 9 F o�5 425-255-7194 RENTON CITY COUNCIL Regular Meeting November 15, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; RANDY CORMAN; TONI NELSON; COUNCILMEMBERS DAN CLAWSON; DENIS LAW;TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JENNIFER HENNING, Principal Planner; BEN WOLTERS,Economic Development Director; DEREK TODD, Assistant to the CAO; COMMANDER KATHLEEN MCCLINCY, Police Department. SPECIAL PRESENTATION Michael O'Halloran,Municipal Arts Commission member, recognized Diana Board/Commission: Municipal Hagen for her six years of service on the Municipal Arts Commission. Praising Arts Commission Recognition her organizational skills, her support of the arts, and her "behind the scenes" Award work,Mr. O'Halloran presented Ms. Hagen with a certificate of appreciation. Ms. Hagen expressed her gratitude for the opportunity to have served on the commission, and she named her favorite projects, including the Young Musicians Showcase,the Meet the Artists Series, and the Rentennial Celebration. Additionally, she noted the importance of committee, board, and commission volunteers to the City of Renton. PUBLIC HEARING This being the date set and proper notices having been posted and published in Streets: Shopping Cart accordance with local and State laws, Mayor Keolker-Wheeler opened the Abandonment public hearing to consider the proposed ordinance regulating abandoned shopping carts. Jennifer Henning,Principal Planner, explained that this issue has been in the Planning and Development committee for two years. Abandoned shopping carts, which can be found along sidewalks, in streets, in parks, in school grounds, and at bus stops, create visual blight and present a potential safety hazard because the carts may restrict emergency vehicle access. Ms. Henning referred to RCW 9A.56.270 which states that it is unlawful to remove a shopping cart from the parking area of a retail establishment without permission,provided the cart is labeled with specific information. She noted that Renton has adopted the RCW citation by reference in City Code; however, abandoned carts are not otherwise regulated by the State or Renton. Ms. Henning reported that from July through September, City maintenance workers impounded nearly 400 shopping carts. Continuing,Ms. Henning reviewed the draft ordinance, which would: declare abandoned shopping carts to be a nuisance; require businesses to prepare and submit cart containment and cart retrieval plans to the City; provide for the impoundment and retrieval of carts; and establish fees and fines. She pointed out that the cart containment plan may rely on solutions such as locking wheel systems, bollards (physical obstructions), or coin return kiosks. November 15,2004 '"" Renton City Council Minutes w. : Page 407 Ms. Henning stated that staff recommends public testimony be accepted regarding the proposed ordinance, and that the matter remain in Planning and Development Committee to further consider enacting legislation that regulates abandoned shopping carts. Noting the reduced resources of the City, Mayor Keolker-Wheeler pointed out that taxpayer dollars are being used to impound the carts and to figure out a solution to this problem. She stressed that ultimately, it is the responsibility of the store and the customer. Public comment was invited. Monique Marcano, 715 Harrington P1. SE,#2141, Renton, 98058, supported the use of bollards, and the listing of the fines on the shopping carts. She also suggested that the stores be fined per cart. Lee Trutmann, Safeway Store Manager(Highlands),4300 NE 4th St., Renton, 98055, reported that store employees routinely retrieve carts from the surrounding neighborhood. He acknowledged the importance of the issue, and noted that a shopping cart costs $300. Mr. Trutmann stated his concern that stores will bear the responsibility, via fines, for the abandoned carts, when it is the customers that are taking them off the premises. He suggested that the customers also be fined. Mr. Trutmann inquired as to possible subsidies for the preventative measures, and stressed that the responsibility should be balanced, especially if a store is doing all that it can to reduce the number of abandoned carts. Continuing,Mr. Trutmann noted the store's small profit margin, and stated that the costs associated with implementing measures such as locking wheel systems and employing personnel to monitor the parking lot is significant. He indicated that his store is willing to accept responsibility as long as it is reasonable, and he welcomes suggestions to improve the situation. In response to the Mayor's inquiry regarding the pursuit of shoplifters versus the theft of a shopping carts, Mr. Trutmann stated that customers do not understand the ramifications of taking carts, and he does not want to lose their business. Responding to Councilwoman Palmer's inquiry regarding signage on the carts, Mr. Trutmann indicated that his store's carts are signed to state that is unlawful to remove the cart from the premises; however, it is not a great deterrent. Councilwoman Nelson stated that she lives near the store, and suggested that he work with the nearby apartment owners. Councilman Clawson acknowledged Mr. Trutmann's efforts to retrieve the abandoned carts, but pointed out that some stores are not making much of an effort. Council President Persson suggested that stores offer a monetary reward for the return of the carts. Councilman Law thanked Mr. Trutmann for his comments, stating that a reasonable compromise can be reached. In response to Mayor Keolker-Wheeler's comments, Mr. Trutmann agreed to ask Safeway's corporate office whether Safeway would be willing to prosecute if a customer is cited for stealing a cart. Dave Richard, Safeway Store Manager(Fairwood), 17230 140th Ave. SE, Renton, 98058, stated that he wants to be involved in the development of the ordinance. He indicated that he actively retrieves abandoned shopping carts, • November 15,2004 Renton City Council Minutes Page 408 and emphasized that he does not want his store to be held in the same standing as stores that are not as diligent about retrieving their carts. The Mayor stated that his input is welcome, but pointed out that the Fairwood Safeway is not under Renton's jurisdiction. Councilman Clawson noted that a police officer can only stop someone when there is reasonable suspicion that a crime has been committed. Mr. Persson agreed that some storeowners are not as responsible as others, and suggested that measures for the return of carts be instituted when a new store is built. Councilman Corman suggested that the phrase "return fee" be used instead of "fine." A letter was read from Mary M. Loftin, Vice President, Public Affairs, Fred Meyer Stores, Inc., PO Box 42121, Portland, OR, 97202, stating that Fred Meyer is committed to resolving the cart abandonment issue in Renton. She expressed her concerns about the content of the proposed ordinance, and suggested the following: the acceptance of the business name as the only required labeling on the carts, the exemption of retail establishments from the proposed ordinance if they install a cart retention system, and the equitable enforcement of the requirement to patrol a preset radius around the store. Continuing,Ms. Loftin said that Fred Meyer believes an additional regulator burden is not necessary, and is willing to support the control of shopping carts using existing City ordinances and the desire to be a responsible corporate citizen. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. There being no further public comment, it was MOVED BY LAW, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: * A free copy of the 2005 Renton Community Calendar will be distributed to Renton residents as an insert in the December 1st edition of the Renton Reporter. * Upcoming holiday events include: Clam Lights at Gene Coulon Memorial Beach Park on December 3rd at 6:30 p.m.; Holiday Tree Lighting at the Piazza on December 4th at 5:00 p.m.; and the Argosy Boat Serenade at Gene Coulon Memorial Beach Park on December 5th at 6:00 p.m. AUDIENCE COMMENT Linda Marweg, 2201 Smithers Ave. S.,Renton, 98055, expressed her gratitude Citizen Comment: Marweg- for the street improvements on Smithers Ave. S. and the City's attention to the Smithers Ave S Traffic concerns of the residents. She reported that the recently installed speed hump Concerns, Renton School has improved the situation. Additionally, Ms. Marweg voiced her appreciation District Activities for the reporting of the Renton School District activities at the Council meetings. Citizen Comment: Elliott- Sharon Elliott, 114 Wells Ave. S., Renton, 98055, reported that she was Damaged Sewer Line,Wells informed of her responsibility for replacing the damaged 30-foot side sewer Ave S from her property line to the City's sewer main located in the street. She stated that she replaced the sewer line on her property approximately ten years ago, �Y O AVOW • • 1:1,tha City of Renton PUBLIC INFORMATION HANDOUT November 15, 2004 Proposed Ordinance Regulating Abandoned Shopping Carts For additional information, please contact: Jennifer Henning, Project Manager; City of Renton Development Services Division; (425) 430-7286 ISSUE: Approximately 30 businesses in Renton provide shopping carts for their customers. Over the past two years, staff noted that shopping carts have increasingly been stranded away from the retail stores. During a two-month period from July to September, City maintenance workers impounded nearly 400 shopping carts. These carts were found discarded along sidewalks, in the street, on park or school grounds, at transit stops, and near apartment buildings. Abandoned shopping carts create visual blight and create a potential hazard if left on public right-of-ways. RCW 9A.56.270 states that it is unlawful to remove a shopping cart from the parking area of a retail establishment without permission, provided the cart is labeled with specific information. Abandoned shopping carts are not otherwise regulated by the State of Washington or the City of Renton. City staff drafted an ordinance that, if adopted, would regulate abandoned shopping carts. This ordinance is similar to regulations adopted in California, Nevada, Arizona and Hawaii. The ordinance would: declare abandoned shopping carts to be a nuisance; require businesses to prepare and submit cart containment and cart retrieval plans to the City; provide for the impoundment and retrieval of carts; and establish fees and fines. 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''i !-= �..�.} � V / V cu = n° O V ._ aJ _c C I.§ CI 0 VI.....5;:,, 15,:; C 0 1;li'ir'1.) • • L Q O c L O U i �- a) L _ V L c �O O O ro c 0 -1-• )- 0 .7:3 E .- E G) a) -- _i_i (13 C = 0 -6-1 u C . o- a) E 0 v O L L.)0 11'U > '-, - oD. .D. 12I , u c •_ c))a) (-f,)-- 0 6-..c .10 0) U a) 0 • • 11/15/2004 17:34 FRED MEYER PUBLIC AFFAIRS 4 914254306516 NO.372 P001 What on your list today?You'll find it at �U //-/.5-oy FredMeyer orata FRED MEYER STORES•P.O.Box 42121-Portland.OR 97242-0121 •3800 SE 22nd Ave.•Portland,OR 97202-2918.503 232-8844•littp://www.fredmeyer.com f� //-/5-R004/ iY OF RENTON November 15, 2004 NOV 1 5 2004 RECEIVED Don Persson, President, Renton City Council CITY CLERK S OFFICE. Renton City Council 1055 South Grady Way Renton, WA 98055 VIA FAX: (425) 430-7300, (425)430-6516 RE: LUA04-118 Abandoned Shopping Cart Ordinance Dear Council Members, We hereby submit this document as public comment at the City Council meeting scheduled for Monday, November 15,2004. As a good corporate citizen, Fred Meyer is committed to helping resolve the cart abandonment issue in the City of Renton. Although we support the intent of the proposed Ordinance, we believe there are significant concerns raised by the content. Some of these concerns include: Section One- PURPOSE. DECLARATION OF NUISANCE, states that shopping carts are a"potential hazard to the health and safety of the public". Our company believes that the carts) itself pose no inherent hazard to the public. In addition, we would be interested in the City demonstrating any incident where carts have been a hazard to the health and safety of the public. Section Three, CART CONTAINMENT PLAN, Identification of Shopping Carts, States that carts must have the business name, address, telephone number and notification of violation of city law. Fred Meyer currently labels carts with the business name. We recommend that the business name be accepted as the only required labeling. Most retail outlets. using large numbers of shopping carts, are well known by the community and further identification should not be necessary. Section Three, CART CONTAINMENT PLAN. Exemptions, Fred Meyer does not think this proposed Ordinance is necessary; business management has necessitated the installation of cart retrieval systems in other urban locations. A complete exemption to the proposed Ordinance should be given to those retail establishments that install a cart retention system. These systems activate a wheel locking mechanism at a predetermined line, such as the property line,thereby keeping carts from being removed from the retail establishment. Such systems "Always strive to offer Customers the service,selection, quality and price that satisfies them best." Fred G.Meyer, Founder,1886-1 11/15/2004 17:34 FRED MEYER PUBLIC AFFAIRS 4 914254306516 NO.372 P002 , r' cost approximately $40.000 to install and an additional $8,000 per year in maintenance. Installing such a system would be going above and beyond the requirements of the ordinance and therefore shows good faith. Section Four. MANDATORY ABANDONED CART PREVENTION PLAN It is vital to have shopping carts available and in good working order for our Customers. Fred Meyer expends many resources to purchase, repair and retain shopping carts. These carts are an asset without which our Customers cannot be served. Therefore, cart retrieval is part of our daily store operations activities. Fred Meyer has concerns regarding cart retrieval as carts can be abandoned on both public and private property. An ordinance requiring retrieval can potentially expose a company employee to trespassing or other dangerous conditions. In addition, insurance companies for Fred Meyer limit the employees who can work outside Fred Meyer property. Section Seven, RETRIEVAL AND IMPOUND PROCEDURES,Retrieval of Shopping Carts. If the retail establishment is required to patrol a preset radius around their location"not less often than every 48 hours,"how will fair and equitable enforcement by the City be handled? Carts typically leave the property with Customers who live near by, who use mass transit, or who walk a long distance out of choice or due to economic limitations. Aggressive action against any of these causes should be carefully evaluated by the City to avoid other issues being manifested. This proposed Ordinance also makes a responsible retailer a victim of theft. A cart taken from an owner can be reportable theft. The retailer is penalized by the loss of the cart, the loss of customer use, the expense to retrieve the cart and the potential burden of this proposed Ordinance. Fred Meyer understands some of the concerns being addressed by the City in this proposed Ordinance and is willing to support the control of shopping carts using existing City ordinances and a desire to be a responsible corporate citizen. A profitable business must manage its assets and meet the needs of the community. Fred Meyer believes this additional regulatory burden is not necessary. I can be contacted for additional comments at (503) 797-7901. Sincerely, Mary ftin Vice President, Public Affairs Fred Meyer Stores, Inc. CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of November, 2004, at 7:30 p.m. as the date and time of a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Proposed Ordinance regarding Abandoned Shopping Carts All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6502. &7 4t, 4 Bonnie I. Walton City Clerk Published King County Journal November 5, 2004 Account No. 50640 11/3/2004 Notice sent to 30 Parties of Record, per attached labels. D. Evans cc: Jennifer Henning i I N0.00, ...we Safeway #1563 Safeway store #366 Jo Ann Stores Inc #793 200 S 3rd St 2725 NE Sunset BL 2823 NE Sunset BL Renton, WA 98055 Renton, WA 98056 Renton, WA 98055 Albertson's Food Center McLendon Hardware Inc Rite Aid #6214 4621 NE Sunset BL 710 S 2nd ST 3116 NE Sunset BL Renton, WA 98056 Renton, WA 98055 Renton, WA 98056 Value Village Safeway Store #1468 Rite Aid #6040 1222 Bronson WY N 4300 NE 4th ST 4613 NE Sunset BL Renton, WA 98055 Renton, WA 98055 Renton, WA 98056 Rite Aid #6041 Ikea Fred Meyer 601 S Grady WY 600 SW 43rd ST 365 Renton Center Way SW Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 Party City Walmart #2516 Walgreens #04627 4110-C NE 4th ST 743 Rainier AV S 275 Rainier AV S Renton, WA 98059 Renton, WA 98055 Renton, WA 98055-2002 Ace Hardware Fry's Electronics Walgreens #07355 4601 NE Sunset BL 800 Garden AV N 3011 NE Sunset BL Renton, WA 98059-4005 Renton, WA 98055 Renton, WA 98056 Sam's Club #4835 Sunset Market Place Lenny's Market 901 S Grady WY 3208 NE Sunset BL 757 Rainier AV S Renton, WA 98055 Renton, WA 98056-3374 Renton, WA 98055-3200 Dollar Store Big Lots #4424 Factory 2-U Store #401 2819 NE Sunset BL 4613 NE Sunset BL 4110 NE 4th ST Renton, WA 98056-3105 Renton, WA 98059-4005 Renton, WA 98059-5045 Thriftway Dollar Tree QFC Store #871 501 S Grady Way 2902 NE Sunset BL 4800 NE 4th ST Renton, WA 98055-3211 Renton, WA 98056-3104 Renton, WA 98059 Seattle Goodwill Industries Mary Loftin, VP of Public Relations Debra Kinsey, Manager 3208 NE Sunset BL Fred Meyer Sky Lanai Apartments Renton, WA 98056-3374 P.O. Box 42121 360 Taylor Ave NW Portland, OR 97242 Renton, WA 98055 CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of November, 2004, at 7:30 p.m. as the date and time of a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: Proposed Ordinance regarding Abandoned Shopping Carts All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6502. Bonnie I. Walton City Clerk Published King County Journal November 5, 2004 Account No. 50640 October 11,2004 `✓ Renton City Council Minutes '✓ Page 349 UNFINISHED BUSINESS Council President Persson presented a Committee of the Whole report Committee of the Whole regarding Council Policy and Procedure#800-01. The Committee has reviewed Policy: Council President& Policy and Procedure#800-01, Council President and Pro Tem, and Pro Tern(#800-01) recommended revising Section 6.1 to change the date for opening the floor to nominations for electing a Council president and president pro tern for the following year from the first regularly-scheduled City Council meeting in December to the first regularly-scheduled City Council meeting in November. The purpose of this change is to allow more time for determining Council committee members and meeting times for the following year. The Committee also recommended that the Council President be authorized to sign the revised policy to implement this change. MOVED BY PERSSON, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 04-119,Monster Rd Council President Persson presented a Committee of the Whole report Bridge Repair,Mowat recommending concurrence in the recommendation of staff to approve the Construction Company,Fund transfer of$100,000 from the NE 3rd/4th St. Corridor Study project budget and Transfer $60,000 from the Rainier Ave. Corridor Study project budget to the Monster Rd. Bridge Repair project budget,for a total transfer of$160,000. The total estimated cost for the Monster Rd. Bridge Repair project is $672,000,to include construction, inspection services, staff time, and contingency to complete the project. The Committee further recommended that the contract for the Monster Rd. Bridge Repair project(CAG-04-119)be awarded to the low bidder,Mowat Construction Company, in the amount of$449,800, and that the Mayor and City Clerk be authorized to sign the contract. MOVED BY PERSSON, SECONDED BY LAW,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning &Development Planning and Development Committee Vice Chair Clawson presented a report Committee regarding revisions to the Urban Center Design Overlay Regulations. The Planning: Urban Center Committee recommended concurrence with the staff recommendation to set the Design Overlay Regulations, public hearing regarding this matter on 10/25/2004. MOVED BY CLAWSON, 2004 Revisions SECONDED BY LAW,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Streets: Grocery Cart Planning and Development Committee Vice Chair Clawson presented a report Abandonment regarding abandoned shopping carts. The Committee met over the past several months to discuss abandoned shopping carts, and to review draft ordinance �.� language. The Committee recommended that the required public hearing for the proposed ordinance regarding this matter be set on 11/15/2004. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT.* City Attorney Warren clarified that the public hearing is not legally required. Councilman Clawson stated his support for the public hearing. *MOTION CARRIED. Hearing Examiner: Concerns Planning and Development Committee Vice Chair Clawson presented a report re: Development Policies & regarding the Hearing Examiner concerns pertaining to development policies Implementation and implementation. The Committee met to discuss this issue and recommended that no action be taken at this time and the matter be closed. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. P7MIED BY CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Date /0-//-.20051 COMMITTEE REPORT October 11,2004 Abandoned Shopping Carts (Referred June 24, 2002) The Planning and Development Committee met over the past several months to discuss abandoned shopping carts, and to review draft ordinance language. The Committee recommends that the fequifed public hearing for the proposed ordinance regarding this matter be set for November 15, 2004. rAl g2t Terri Briere T Chair Dan C awson, Vice Chair f Denis W. Law, Member cc: Jennifer Henning Neil Watts Gregg Zimmerman June 17,2002 `r✓' Renton City Council Minutes N./ Page 233 Budget: 2002 Amendment, An ordinance was read adding the positions of Crime Analyst,Evidence Additional Police&Fire Technician, and a Commissioned Officer to the Police Department, and a Department Positions Secretary 1 to the Fire Department, effective July 1, 2002,and authorizing the increased Budget appropriation of$145,821. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/24/2002. CARRIED. The following ordinances were presented for second and final reading and adoption: Development Services: Permit At the request of Councilwoman Keolker-Wheeler, the ordinance regarding the Review Process, 120-Day Goal 120-day permit review process was removed for further review. Exemptions Ordinance#4972 An ordinance was read adding a new Section, 5-11-I.I,to Chapter 11, Utility Finance: Utility Tax, Cable Tax, of Title V (Finance and Business Regulations) of City Code which Modem Services Clarification, includes cable modem service as a utility subject to the utility tax. MOVED City Code Amend BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Councilman Clawson pointed out that this is a tax on the cable modem services provider and not on the consumer. Ordinance#4973 An ordinance was read amending the 2002 Budget for the expressed purpose of Budget: 2002 Amendment, building a swimming pool, creating a new construction fund, and appropriating Swimming Pool the necessary funds in the amount of$5,000,000 for the construction. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Responding to Councilman Corman's inquiry regarding the possibility of installing the swimming pool by the next swimming season, Mayor Tanner stated that the City will make its best effort to complete the swimming pool by then. NEW BUSINESS Council President Nelson encouraged everyone to attend the new Renton Community Services: Farmers Farmers Market which debuts June 18th at the Piazza, Renton's downtown park Market located at S. 3rd St. and Burnett Ave. S. The Farmers Market, which runs though September 3rd on Tuesdays from 3:00 to 7:00 p.m., will feature Washington-grown produce,cut flowers, and other fresh natural food products. Councilman Corman praised Council President Nelson for her efforts in helping to bring the Farmers.Market to fruition. School District: Home School Councilman Corman stated that he attended a graduation ceremony for the first Enrichment Program graduate of the Renton School District's home school enrichment program, and he commended the district for establishing this type of program which is financed by the students' share of State funding. Transportation: NE 3rd/4th Sts Councilman Persson requested that staff investigate the unsafe use of Cemetery Traffic Hazard, City Transfer Rd. (NE 3rd and 4th Streets) by City Transfer trucks that are hauling items for Trucks Unsafe Use of Street the Liberty Ridge development project and are cutting off motorists when they turn at the bottom of the hill. Streets: Grocery Cart Councilman Persson reported on the number of abandoned grocery carts he has Abandonment noticed around the City, and asked City staff to research whether the City can adopt an ordinance to aid private property owners in the removal of the carts from their property. Mayor Tanner requested that the City Attorney research • June 17,2002 Renton City Council Minutes Page 234 • the possibility of making this a fineable offense to charge the stores for not picking up the carts since they are ultimately responsible for them. King County: 2003 Stating that King County is in the process of accepting amendments to its Comprehensive Plan Comprehensive Plan and Development Regulations which are due by Amendments September 30th for the 2003 amendment process, it was MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL REFER THE REVIEW OF THE KING COUNTY COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS 2003 AMENDMENTS TO THE PLANNING&DEVELOPMENT COMMITTEE. CARRIED. Police: St. Anthony Parish Councilman Clawson reported receipt of a citizen complaint regarding the Parking Problems,Food blockage of the alley next to Smithers Ave. S. by cars during church services at Venders (Possibly Illegal) St. Anthony Parish. In addition, the complainant noted that venders are selling food out of the back of a truck near the parish and are parking on the sidewalk. Mr. Clawson requested investigation of these complaints. Greg McNabb, St. Anthony Parish Administrator, 1507 32nd Ave., Seattle, 98122, reported that the parish has had difficulty with a family selling food out of their vehicle on Sunday evenings. Mr. McNabb was advised to call the police the next time this occurs. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:13 p.m. BONNIE I.WALTON,City Clerk Recorder: Michele Neumann June 17,2002 'toe Negro June 24,2002 Renton City Council Minutes Page 251 "But I cannot approve the two additional positions authorized by this ordinance. This ordinance uses One-time revenues to provide the additional funds and it does not take into account the significant budget shortfalls created by the 1% property tax limitation, the effect of the Supreme Court decision virtually eliminating annexations, the upcoming contract negotiations, the skyrocketing healthcare cost increases, and an economy that is barely meeting reduced forecasts. "I believe the most prudent course for the City at this time is for this ordinance to be vetoed, and for the Council to consider any additional positions in the context of the 2003 Budget process." (See page later this page for additional discussion regarding this topic.) NEW BUSINESS Councilman Persson thanked Glenn Reynolds for his assistance in returning Streets: Grocery Cart abandoned grocery carts to the appropriate stores. Abandonment Budget: Public Hearing Detailing the importance of receiving public input concerning the City's Budget, and suggesting that input be solicited prior to the upcoming budget deliberations, Councilman Persson suggested that a public hearing be held. Mayor Tanner agreed that any public hearings the Council would like to hold in advance of the budget process would be helpful. He added that the administration is willing to work with the Council to add needed positions that can be sustained by forecasted revenues without putting the City within the position of risk. MOVED BY PERSSON, SECONDED BY CLAWSON, COUNCIL HOLD A PUBLIC HEARING ON JULY 8, 2002,TO RECEIVE CITIZEN INPUT ON THE PROPOSED 2003 BUDGET. CARRIED. Police: Benefits Councilman Persson inquired as to what benefits are available to the survivors of firefighters and police officers killed in the line of duty. Mayor Tanner stated that the inquiry would be forwarded to Human Resources Administrator Mike Webby. Budget: 2002 Amendment, Moved by Persson, seconded by Clawson, Council authorize the addition of an Additional Police&Fire evidence technician to the Police Department. Department Positions Discussion ensued regarding priority between the crime analyst and evidence technician positions. Mayor Tanner expressed his desire to speak with the Police Chief before taking action on the positions. Responding to Councilwoman Keolker-Wheeler's inquiry regarding options available to Council now that the Mayor vetoed the staffing ordinance, Assistant City Attorney Zanetta Fontes explained that Council could choose not to make a motion to override the veto and come forward with an independent motion, or override the veto with five affirmative votes, which is a majority of Council plus one. She added that the City Attorney's office would draft another ordinance consistent with the determination of the Council. Discussion ensued regarding when the veto can be overridden. Council President Nelson indicated her preference to wait until the next meeting to address the police staffing issue. RECESS MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES FOR LEGAL RESEARCH. CARRIED. Time: 10:48 p.m. June 24,2002 *oar Renton City Council Minutes Page 252 The meeting was reconvened at 11:05 p.m.; roll was called; all Councilmembers present. • Budget: 2002 Amendment, Assistant Attorney Fontes read for the record,a passage from RCW 35A.12.130 Additional Police&Fire pertaining to a Mayor's veto of an ordinance: "Every ordinance which passes Department Positions the Council in order to become valid must be presented to the Mayor; if he approves it, he shall sign it, but if not, he shall return it with his written objections to the Council and the Council shall cause his objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the Mayor's veto." Ms.Fontes described options available to Council relating to taking action on this matter. *Moved by Keolker-Wheeler, seconded by Clawson, Council reconsider the vote on the ordinance relating to the additional Police and Fire Department positions requested by the Public Safety Committee.* *MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL LAY RECONSIDERATION OF THE ORDINANCE ON THE TABLE.* Mayor Tanner questioned the action taken, and stated that he would inform Council at the next meeting if the action was not in accordance with State law. *MOTION CARRIED. Councilman Clawson stated that members of the Renton Police Officers'Guild have been courageous in sharing their opinions, and he expressed his hope that these officers do not face retaliation. Mayor Tanner stated that the remark was unworthy. Police: Street Racing Councilman Persson complimented Police Commander Robert Seelye for informing Council about a recent illegal street racing and shooting incident. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL REFER THE TOPIC OF ILLEGAL STREET RACING TO THE PUBLIC SAFETY COMMITTEE FOR AN UPDATE FROM THE POLICE CHIEF. CARRIED. Streets: Grocery Cart MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL Abandonment REFER THE ISSUE OF ABANDONED GROCERY CARTS TO THE PLANNING &DEVELOPMENT COMMITTEE. CARRIED. ADJOURNMENT MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 11:18 p.m. BONNIE I. WALTON, City Clerk Recorder: Michele Neumann June 24,2002 1 April 26,2004 `taw Renton City Council Minutes Page 130 MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 5/03/2004 for second and final reading: Transportation: Fund 317 An ordinance was read amending the 2004 Transportation Capital Improvement Allocation(King County Fund 317 to allocate$2,216,000 in King County mitigation revenue to specific Mitigation Funds) projects. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/03/2004. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5071 An ordinance was read amending Section 4-4-100.H.9.b of Chapter 4, Citywide Development Services: City Property Development Standards, of Title IV (Development Regulations)of Center Area Roof Signs City Code to allow roof signs within the City Center Sign Regulations Area subject to an administrative modification. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5072 An ordinance was read increasing the 2004 Budget for various funds in the total Budget: 2004 Adjustments amount of$9,400,000, increasing the total number of positions by 4.5 in 2004, and increasing the City's reserves. MOVED BY BRIERE, SECONDED BY NELSON,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Reporting that Council has received a number of e-mails regarding safety and Police: Motorized Scooters noise concerns pertaining to the use of motorized scooters, it was MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL REFER THE SUBJECT OF MOTORI7FD SCOOTERS TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Fire: DUI Simulation Drill Councilman Law stated that he and Ms. Palmer attended a DUI simulation drill at Hazen High School last Friday. He suggested videotaping the next DUI simulation drill and showing it on Renton's cable channel 21. Development Services: Vacant Mayor Pro Tem Persson reported overgrown vegetation on the vacant lot Lot Vegetation,Whitworth located at 424 Whitworth Ave. S. Ave S Development Services: Auto Mr. Persson also reported possible auto repair facility operation at residence Repair Facility,Illegal Use located behind the vacant lot, on Morris Ave. S. Streets: Grocery Cart Mayor Pro Tern Persson relayed citizen complaints regarding abandoned Abandonment grocery carts in the downtown area. Councilwoman Briere noted that this topic is currently in Planning and Development Committee and she requested a status report. Community Services: MOVED BY NELSON, SECONDED BY PALMER, COUNCIL REFER Commercial Activities in COMMERCIAL ACTIVITIES (PRIMARILY RETAIL SALES)IN RENTON Renton Parks PARKS TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Comprehensive Plan: West Mayor Pro Tern Persson inquired as to the timing of possibly adding the West Hill, Potential Annexation Hill area to Renton's potential annexation area(PAA). Economic Area Addition Development,Neighborhoods and Strategic Planning Administrator Alex Pietsch explained that in order to amend the City's PAA this year,staff would �.- 3 1 RENTON CITY COUNCIL Regular Meeting September 20, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; RANDY CORMAN;TONI NELSON; COUNCILMEMBERS DAN CLAWSON; DENIS LAW;TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER,Mayor; ZANETTA FONTES,Assistant City ATTENDANCE Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; KAREN MCFARLAND, Engineering Specialist; KAREN BERGSVIK, Human Services Manager; ALEX PIETSCH,Economic Development Administrator;DEREK TODD, Assistant to the CAO. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring September 25, Day of Concern for the 2004,to be "Day of Concern for the Hungry" in the City of Renton urging all Hungry-September 25,2004 citizens to join the Emergency Feeding Program and food banks in their efforts to nourish those who are hungry. MOVED BY NELSON,SECONDED BY PALMER, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Salvation Army Captain Christine Giffey-Brohaugh accepted the proclamation with appreciation. She stated that the Salvation Army is committed to the Renton community to see that children do not go to school hungry. Councilwoman Nelson reported that the Emergency Feeding Program's annual food drive will be held this Saturday at area grocery stores, and the donations and food collected will be given to the local food banks. SPECIAL PRESENTATION Mayor Keolker-Wheeler introduced Karen Goroski, the new Executive Director SCA: New Executive Director, of the Suburban Cities Association(SCA). Ms. Goroski stated that SCA is Karen Goroski open to any city with a population of 150,000 or less, and 37 of the 39 cities in King County are members of the association. She emphasized that SCA is a member driven association, and the involvement of the cities will make or break its success. MOVED BY CORMAN, SECONDED BY PERSSON,COUNCIL SUSPEND THE RULES AND ADVANCE TO THE ADMINISTRATIVE REPORT. CARRIED. ADMINISTRATIVE Derek Todd,Assistant to the CAO,reviewed a written administrative report REPORT summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: * The Renton Senior Activity Center will celebrate its 25th anniversary on September 26th, and everyone is invited to join in the celebration anytime between 11:00 a.m. to 2:00 p.m. The official ceremony takes place at 12:30 p.m. * As of September 16th, the City street crew picked up a total of 389 stray shopping carts from throughout the City - 148 of those carts were from Wal-Mart and 97 from Fred Meyer. The carts are classified as garbage and N - ``r Nair September 20,2004 Renton City Council Minutes Page 312 will be destroyed. The City will talk to Wal-Mart about an "amnesty" return of their carts,but wants assurance that they will take measures to improve recovery of their shopping carts. * As of September 17th, a total of 1,508 human cases of West Nile Virus with 45 deaths have been reported in 39 states. Washington,Alaska, and Hawaii have no detection of the virus. Streets: Grocery Cart Mayor Keolker-Wheeler commented on the Administrative Report item Abandonment concerning abandoned shopping carts, and emphasized that the"amnesty" return of the carts will only be allowed one time, and only if the store agrees to pick up its own carts. Council President Persson noted the expense of the loss of the shopping carts to the stores. The Mayor stated that she hopes the stores will comply with retrieving their shopping carts on a voluntary basis. PUBLIC HEARING This being the date set and proper notices having been posted and published in Vacation: Alley,NE 30th St& accordance with local and State laws,Mayor Keolker-Wheeler opened the Kennewick PINE,Renton public hearing to consider the street vacation petition submitted by Rick School District, VAC-04-003 Stracke, on behalf of the Renton School District,for portion of the unimproved alley located east of I-405, west of Kennewick Pl. NE, and south of NE 30th St. (Kennydale Elementary School Vacation; VAC-04-003). Karen McFarland,Engineering Specialist, stated that the 448-foot by 12-foot alley right-of-way is located within the Kennydale Elementary School site, and has been overbuilt with playfields, asphalt play surfaces, and a school building. Ms. McFarland explained that the Renton School District plans to replace Kennydale Elementary School, and the vacation will create a unified site for the redevelopment project. Stating that the vacation petition received no objections when circulated to City department and outside agencies,Ms. McFarland noted that the City's 15-foot easement sufficiently protects the existing six-inch water line. Ms. McFarland relayed that City Code(9-14-5E) states: "When a street or alley is vacated for a governmental agency, and compensation is required, compensation shall be based upon the administrative costs of the vacation and may,at the discretion of the City Council,be based upon original cost to the City of acquisition." She explained that the City did not incur any original acquisition costs, as the property was acquired through a plat dedication,and City funds were not expended to maintain the right-of-way. Therefore, staff recommends that Council approve the request to vacate the alley right-of-way and set compensation based solely on the administrative costs as per City Code. Public comment was invited. Owen Dennison, 316 Occidental Ave. S., Suite 320, Seattle,98104, representing the Renton School District, stated that vacation of the right-of-way will provide more latitude in the design of the new school. Pointing out that no public cost or detriment to the health, safety, and welfare of the general public will occur as a result of this vacation,Mr. Dennison requested approval of the vacation as recommended by City staff. There being no further public comment,it was MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED.