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RENTON CITY COUNCIL
Regular Meeting
November 9, 1998 Council Chambers
Monday, 7:30 p.m. M I N U T E S Municipal Building
CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the
meeting of the Renton City Council to order.
ROLL CALL OF
COUNCILMEMBERS
BOB EDWARDS, Council President; TONI NELSON; RANDY CORMAN;
TIMOTHY SCHLITZER; KING PARKER; DAN CLAWSON; KATHY
KEOLKER-WHEELER.
CITY STAFF IN
ATTENDANCE
JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer;
LAWRENCE J. WARREN, City Attorney; MARILYN PETERSEN, City
Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works
Administrator; SUE CARLSON, Economic Development, Neighborhoods &
Strategic Planning Administrator; BETTY NOKES, Economic Development
Director; VICTORIA RUNKLE, Finance & Information Services
Administrator; KAREN MARSHALL, Human Services Manager; LARRY
MECKLING, Building Official; PAUL KUSAKABE, Fiscal Services Director;
MIKE WEBBY, Human Resources & Risk Management Administrator;
MICHAEL KATTERMANN, Director of Neighborhoods & Strategic Planning;
JIM SHEPHERD, Community Services Administrator; STEVEN DENISON,
Special Projects Coordinator; JULIE BREWER, Development Assistant;
DEREK TODD, Finance Analyst; CHIEF GARRY ANDERSON, Police
Department.
APPROVAL OF
COUNCIL MINUTES
MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL
APPROVE THE MINUTES OF NOVEMBER 2, 1998, AS PRESENTED.
CARRIED.
PROCLAMATIONS
November 9 − 16:
“Architecture Week”
A proclamation by Mayor Tanner was read declaring the week of November 9
to 16, 1998, to be “Architecture Week” in the City of Renton, and urging all
citizens to recognize architecture’s power to shape effective communities, serve
society, and elevate the human spirit. MOVED BY EDWARDS, SECONDED
BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION AS READ.
CARRIED.
Rich Wagner and Dave Clark accepted the proclamation on behalf of the area’s
architects.
November, 1998: “Spinal
Health Month”
A proclamation by Mayor Tanner was read declaring the month of November,
1998, to be “Spinal Health Month” in the City of Renton, and urging all citizens
to recognize that spinal health is essential to proper growth and development.
MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL CONCUR
IN THE PROCLAMATION AS READ. CARRIED.
Stephen Saunders accepted the proclamation on behalf of the 33 chiropractors
who serve the City of Renton and the surrounding community.
SPECIAL PRESENTATION
Executive: City Web Site
National Award
Economic Development Director Betty Nokes announced that the City of
Renton’s web site received a “Silver Circle” award from the City-County
Communications and Marketing Association. Renton’s web site, designed by
Steven Denison and Julie Brewer, took second place in the technology category
for cities and counties ranging from 45,000 to 100,000 in population. Those
judging the entries stated that Renton’s web site provides an elegant gateway to
loads of useful information.
November 9, 1998 Renton City Council Minutes Page 366
Steven Denison and Julie Brewer presented the award to Mayor Tanner and the
Council. Mr. Denison reported that Renton’s web site received 6,200 hits this
week, a tremendous increase over last year’s average of 1,100 weekly hits. Ms.
Brewer acknowledged assistance from members of the City’s Web Team,
comprised of employees from each department who maintain web pages and
information respective to their departments.
PUBLIC MEETING
Annexation: Davis, 132nd Ave
SE (Union Ave NE)
This being the date set and proper notices having been posted and published in
accordance with local and State laws, Mayor Tanner opened the public meeting
to consider a 10% Notice of Intent to Annex Petition for 3.8 acres located east
of 132nd Ave. SE (Union Ave. NE); petitioner, Davis.
Michael Kattermann, Director of Neighborhoods & Strategic Planning,
explained that the 3.8 acres constitute one legal, vacant lot. Although staff and
the proponent contacted other single family property owners to the north, east
and south in an effort to expand the annexation area, everyone contacted
declined to pursue annexation of their properties.
Renton’s Comprehensive Plan designates the parcel as Residential Single
Family. Typical zoning for this designation is R-8 (residential, up to eight
dwelling units per acre).
Continuing, Mr. Kattermann said one potential problem involves emergency
services response and the fact that the street already changes mid-block from
Union Ave. NE to 132nd Ave. SE. He felt, however, that any concerns could
be satisfactorily addressed through mutual aid and response.
Responding to Councilman Parker, Mr. Kattermann said Sierra Heights
Elementary School is located on the other side of 132nd Ave. SE. The school
property is contiguous to Renton’s boundary, and could be annexed to the City
at any time.
Audience comment was invited. There being none, it was MOVED BY
EDWARDS, SECONDED BY CORMAN, COUNCIL: ACCEPT THE 10%
NOTICE OF INTENT TO ANNEX, AUTHORIZE CIRCULATION OF THE
60% PETITION, REQUIRE THE ADOPTION OF CITY ZONING ON THE
PROPERTY CONSISTENT WITH THE COMPREHENSIVE PLAN, AND
REQUIRE THAT THE PROPERTY OWNERS ASSUME A
PROPORTIONAL SHARE OF THE CITY’S BONDED INDEBTEDNESS.
CARRIED.
PUBLIC HEARING
Budget: 1999-2000
This being the date set and proper notices having been posted and published in
accordance with local and State laws, Mayor Tanner opened the public hearing
to consider the proosed 1999-2000 Budget.
Victoria Runkle, Finance & Information Services Administrator, presented the
proposed 1999-2000 City of Renton budget in the total balanced amounts of
$129,783,376 and $115,485,981. She said that although the overall general
governmental budget is expected to increase by 10.1% next year, this represents
only 4.5% above the actual amount spent last year. Expenditure highlights in
1999 include four new police officers, two jailers, three firefighters, a new street
maintenance worker, and increased funding for library materials and various
neighborhood programs. On the revenue side, the only increase in property
taxes will be for new construction, with base property tax collections remaining
the same as in 1998. Water utility rates will not increase either, but solid waste
rates will rise by 5% to cover County-imposed costs.
November 9, 1998 Renton City Council Minutes Page 367
Ms. Runkle concluded that the second and final public hearing on the budget
will be held on November 23rd.
Audience comment was invited.
Mary Ellen Stone, representing King County Sexual Assault Resource Center,
PO Box 300, Renton, 98057, asked the City to consider increasing the total
amount of money it gives to human service agencies. While she suggested this
would be easier to do in good economic times such as Renton is currently
enjoying, she added that it would also be important in harder financial times.
Carol Chappelle, 2220 SE 8th Pl., Renton, stated that as a member of the
Human Services Advisory Committee, she could attest that requests for human
services funding are far greater than the amount of funding available. In fact,
the Committee was able to fund only a little more than 60% of the requests it
received. Ms. Chappelle remarked that, according to a survey of five local
jurisdictions, Renton’s per capita spending on human services is the lowest.
Juanita Grant, 833 SW Sunset Blvd., Renton, 98056, chair of the Human
Services Advisory Committee, said that as human services needs are increasing,
she urged the City to increase its human services funding accordingly.
There being no further public comment, it was MOVED BY EDWARDS,
SECONDED BY PARKER, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED.
ADMINISTRATIVE
REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative
report summarizing the City’s recent progress towards goals and work programs
adopted as part of its business plan for 1998 and beyond. Items noted included:
On October 28, several Renton police officers participated in a “Driving
Under the Influence” detection workshop to learn how to detect impaired
drivers.
The Renton Salvation Army Advisory Board recently elected Renton Chief
of Police Garry Anderson as its president and Renton Human Services
Manager Karen Marshall as its vice president.
In October, the Recreation Division received over 3,000 hours of volunteer
services to help run programs which, at the currently hourly minimum
wage, equals more than $15,000 of in-kind services.
CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the
listing.
Planning: Agreement with
Kent re: Potential Annexation
Area Boundaries
Economic Development, Neighborhoods & Strategic Planning Department
recommended approval of an interlocal agreement with the City of Kent that
would adjust Renton’s southern potential annexation area boundary between
SR-197 and Soos Creek from SE 208th St. to S. 200th St., west of 108th Ave.
SE, and from SE 208th St. to SE 192nd St. east of 108th Ave. SE. Refer to
Planning & Development Committee.
Airport: BHC Lease
Addendum (Ground Lease
Rate Change)
Transportation Division recommended approval of Addendum #2-98 to LAG-
93-004, lease with BHC, Inc., to reflect the ground lease rate change from
$0.280 to $0.324 per square foot which results in an annual rent increase of
$2,157.96. Council concur.
November 9, 1998 Renton City Council Minutes Page 368
Streets: Oakesdale Ave SW
(Phase I), Boeing Funding
Transportation Systems Division recommended appproval of a 1998 budget
adjustment apropriating revenue received from The Boeing Company in the
amount of $1,712,000 for transportation improvements to the Oakesdale Ave.
SW project - Phase I. Refer to Transportation Committee.
Public Works: Downtown
Water Main Replacement, DDJ
Const, CAG-98-005
Utility Systems Division submitted CAG-98-005, Downtown Water Main
Replacement project; and requested approval of the project, authorization for
final pay estimate in the amount of $3,572.94, commencement of 60-day lien
period, and release of retained amount of $19,336.46 to D.D.J. Construction
Inc., contractor, if all required releases are obtained. Council concur.
MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL
APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED.
CORRESPONDENCE
Citizen Comment: Issaquah
School District − School
Impact Fees
Correspondence was read from Douglas R. Snyder, Assistant Superintendent,
Issaquah School District 411, 565 NW Holly St., Issaquah, WA, 98027,
requesting that Renton impose mitigation fees on its behalf if the City proceeds
with annexing property within its jurisdiction. MOVED BY PARKER,
SECONDED BY CORMAN, COUNCIL REFER THIS MATTER TO THE
FINANCE COMMITTEE. CARRIED.
Councilman Corman urged the Committee to seek assurances from the School
District that any money collected from development in Renton would benefit
Renton residents. He said if Renton agrees to impose mitigation fees on behalf
of the Issaquah School District, this correlation must be made.
Councilman Parker agreed, adding that the Renton School District does not
impose development mitigation fees but rather obtains necessary funding
through voter-approved bond issues and levies.
Councilmember Keolker-Wheeler said in the future, the City will probably want
to address the problem of conflicting jurisdiction and special district boundaries,
since confusion can result if someone has a Renton address, resides within the
Issaquah School District, actually lives in unincorporated King County, and is
served by a fire district. She suggested that some boundary line adjustments
might be in order.
Citizen Comment: Juvenile
Court Conference Committee
− Meeting Space for Diversion
Program
Correspondence was read from Arlene Rankin, 275 SW 194th Pl., Normandy
Park, WA, 98166, requesting meeting accommodations at City Hall for the
Juvenile Court Conference Committee Diversion Program. MOVED BY
EDWARDS, SECONDED BY NELSON, COUNCIL REFER THIS MATTER
TO THE COMMUNITY SERVICES COMMITTEE. CARRIED.
OLD BUSINESS
Community Services
Committee
Appointment: Human Rights
& Affairs Commission
Community Services Committee Chair Nelson presented a report
recommending concurrence in the Mayor’s appointment of David Fox to the
Human Rights and Affairs Commission. The two-year term expires on
September 19, 2000. MOVED BY NELSON, SECONDED BY CLAWSON,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Public Safety Committee
Legal: Adoption of State Laws
re: Dangerous Weapons
Public Safety Committee Chair Corman presented a report regarding changes to
the Criminal Code relating to dangerous weapons. The Committee convened on
November 9, 1998 to consider enacting legislation relating to the adoption of
State law regarding firearms and other dangerous weapons. The following
sections would be added to Renton’s City Code by reference:
RCW 9.41.240, which deals with individuals who are between 18 and 21 years
of age. It identifies where such an individual may possess a pistol. A violation
of this section is a misdemeanor.
November 9, 1998 Renton City Council Minutes Page 369
RCW 9.41.250, which makes sales, manufacture, etc. of certain weapons a
crime. It also makes it a crime to furtively carry certain weapons, or use a
silencer on a gun. A violation of this section is a gross misdemeanor.
RCW 9.41.260, which makes it a crime to run a place of amusement where they
exhibit skill in throwing sharp instruments or shooting guns or bows at human
beings. A violation of this section is a misdemeanor.
RCW 9.41.300, which identifies where people cannot go when they are carrying
weapons. Violation of this section is a gross misdemeanor.
It was clear to the members of the committee that these State provisions should
be incorporated into Renton’s Code. It furthers the goals of this council to have
a safe city in which people can live, work, and play. The Committee therefore
recommended adoption of the proposed legislation. MOVED BY CORMAN,
SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
Transportation Committee
Utililty: Puget Sound Energy
Agreement for Main Ave S
Underground Conversion
Transportation Committee Chair Schlitzer presented a report regarding an
agreement with Puget Sound Energy (PSE) for the conversion of underground
power lines on Main Ave. South. The Main Ave. S. improvement project
requires the underground conversion of existing utilities. The Washington State
Utilities and Transportation Commission requires the City to enter into an
agreement with PSE to provide trenching, restoration, and survey, and to pay
30% of the conversion costs. The trenching, restoration and survey costs are in
the current construction contract. The estimated conversion cost is $290,000,
$87,000 of which is Renton’s obligation to pay PSE upon completion of the
work. The Committee recommended that Council authorize the Mayor and City
Clerk to execute the underground conversion agreement with Puget Sound
Energy. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL
CONCUR IN THE COMMITTEE REPORT CARRIED.
Transportation: NE 6th
Pl/Ferndale Ave NE Stop Sign
Request (Denied)
Transportation Committee Chair Schlitzer presented a report regarding the
request for a stop sign at NE 6th Pl. and Ferndale Ave. NE. A traffic
engineering study was conducted to provide information on the extent of
possible safety issues at the intersection of NE 6th Pl. and Ferndale Ave. NE,
and vicinity. Based upon this information, including an evaluation of accidents
in the area and speed studies, it was found that, at this time, no additional traffic
control devices are needed. The Committee recommended that Council
authorize the Administration to periodically monitor NE 6th Pl. and Ferndale
Ave. NE to determine when and if additional traffic control devices may
become appropriate. In addition, the Committee recommended that
Transportation Systems Division staff contact local residents to discuss their
concerns and potential solutions. MOVED BY SCHLITZER, SECONDED BY
CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT
CARRIED.
Transportation: Port Quendall
RR Xings (Conversion from
Private to Public)
Transportation Committee Chair Schlitzer presented a report recommending that
the City Council authorize the Administration to apply to have the private
railroad crossings serving the three parcels associated with the Port Quendall
development (i.e., Baxter, Quendall Terminals and Barbee Mills sites) changed
into public railroad crossings once the City has exercised its option to purchase
the Quendall Terminales property and once the Administration receives
adequate assurances of ultimate development of these properties. The
Committee further recommended that no public funds be used for any costs
associated with the development of these crossings. MOVED BY
November 9, 1998 Renton City Council Minutes Page 370
SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR
IN THE COMMITTEE REPORT CARRIED.
Parks: Family Pool Bond Issue Councilman Parker noted that the family pool bond issue put forth by the City
to voters last week has apparently failed to achieve the required 60% super-
majority approval. He thanked many of those who supported the bond issue
and tried to secure its passage. He then noted that while the bond issue failed, it
was approved by over 57% of those who voted, indicating that a good number
of Renton residents desire this type of facility. Therefore, it was moved by
Parker, seconded by Corman, Council refer this matter to the Finance
Committee with the intention of having the Administration review this issue and
possible funding sources.*
Explaining he had seconded the motion for the purposes of discussion, Mr.
Corman said while he respected the fact that the bond issue was turned down, he
also felt that the City has an obligation to look into replacing a public pool
facility that it had to close.
Council President Edwards said while he strongly supported the bond issue and
was disappointed that it did not pass, he believed that the City should not take
any further action on this matter at this time. He suggested that the City instead
wait to be approached by those who are willing to get involved and bring forth a
new proposal. Councilmembers Nelson and Keolker-Wheeler concurred.
*The motion was withdrawn.
Utilities Committee
Utility: Langlois Sewer
Connection Request
Utilities Committee Chair Clawson presented a report recommending that the
City deny the Langloises’ request for relief from the special assessment district
charges associated with connection of their property at 10403 - 126th Ave. SE
to the City’s sanitary sewer system, and that no action be taken to revise City
Code. The Committee further recommended that the Administration contact the
King County Department of Assessments and the Seattle-King County
Department of Public Health to suggest a review of the qualification
requirements for deferral of special assessment district fees to reflect cost of
living increases and/or special situations. MOVED BY CLAWSON,
SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
Councilmen Clawson and Schlitzer explained that King County already has a
program for deferment of special assessment district charges, and it is not in
Renton’s best interest to duplicate this program.
Planning & Development
Committee
Legal: City Council
Elimination as Appellate Body
for Hearing Examiner
Decisionsi
Planning & Development Committee Chair Keolker-Wheeler presented a report
recommending the elimination of City Council as an appellate body for Hearing
Examiner decisions. The Committee met on this topic on Thursday, November
5th. This issue was first raised by the recent Supreme Court case of Mission
Springs v. City of Spokane, wherein individual councilmembers were held to be
potentially liable in damages to a developer because of interference with the
issuance of a grading permit. The City Attorney explained to the Council that
the logic of that case would also extend to city councilmembers sitting as
appeals officers when handling appeals from decisions of the Hearing
Examiner. The Committee also noted that the appeal system is generally very
structured in that the Council must find an error in fact or law. When combined
with the appearance of fairness doctrine, which prevents city councilmembers
from discussing pending appeals with constituents, the appeal process is
confining and frustrating to both Councilmembers and constituents. For these
reasons, the Committee recommended that the full Council request the City
November 9, 1998 Renton City Council Minutes Page 371
Attorney to draft an ordinance making all appeals from Hearing Examiner
decisions appealable to Superior Court and not to the City Council. The City
Council will retain its jurisdiction, as required by statute, to handle all rezones.
MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON,
COUNCIL CONCUR IN THE COMMITTEE REPORT.*
Councilmember Keolker-Wheeler explained that when the Council hears
appeals as a quasi-judicial body, it must make its decision on the record without
any new testimony from the parties involved. This is frustrating to those who
come to Council with the expectation that it can help them, or at least hear them
out, and consequently is frustrating to Council as well. Ms. Keolker-Wheeler
added that those involved in an appeal cannot even speak to Councilmembers
on the phone about the specifics of their case, which prevents Councilmembers
from listening to its constituents about issues that deeply affect or concern them.
She concluded that many of the issues being appealed to the Council involve
highly technical issues that should be dealt with at either the administrative or
Hearing Examiner level.
Council President Edwards expressed concern with the proposed change, saying
that Council is best suited to hear these appeals because, as the legislative body,
it approved the applicable land use regulations in the first place. Adding that
the process gives Council input on how well or poorly the City’s regulations are
working, he said the current system is fairly streamlined and not overly
cumbersome.
Councilman Corman supported the change, saying that the current appeals
process is at odds with Council’s role to be representatives for its citizens. Not
being able to seek additional testimony or clarification, or otherwise invoke
himself in the process, made him feel as if he was not doing the job he was
elected to do. Another problem with the current process is that it places all
Councilmembers in the position of enforcing regulations that are appealed to the
full Council, even if one or more of them did not support a particular land use
regulation when it was originally adopted.
Councilman Parker agreed with Mr. Edwards that the current process gives
citizens the opportunity to seek redress not before a Hearing Examiner or a
Superior Court judge, but before its elected, local representatives.
Noting that appellants are often not Renton citizens but rather developers from
outside the City, Councilman Clawson commented on the need for separation of
powers and his belief that Council’s role is to make the laws rather than apply
them. Adding that Council’s decisions in these cases are always appealable to
Superior Court, he said he might feel differently if Council had the final
authority.
Addressing a remark by Mr. Parker, Ms. Keolker-Wheeler explained that
changes in State law have eliminated most of Council’s discretion in these
matters. She emphasized that Council can overturn or amend the Hearing
Examiner’s decision only if it finds an error of fact or law, which it usually does
not. She noted another advantage to making this change would be that
Councilmembers could discuss the specifics of these cases with the persons
involved, since such communications would no longer be prohibited.
Mr. Corman said the current quasi-judicial process creates a mere illusion that
Council is able to serve or represent its constituents in these matters.
Mr. Edwards replied that for many people, taking a matter to court can be an
intimidating prospect. He asked how many of these cases have been appealed
November 9, 1998 Renton City Council Minutes Page 372
to Superior Court this year. City Attorney Lawrence J. Warren said there have
been two; one which was appealed from a City Council decision, and the other
from a Board of Adjustment decision. Mr. Edwards added that when the City
expedited its land use process, appeals to Council were retained as a safeguard
for those involved.
Mrs. Keolker-Wheeler requested that the City Attorney explain his concerns on
this issue as well as how State law regarding land use appeals has changed over
the last 15 to 20 years. Mayor Tanner replied that the City Attorney is not a
party to the debate before the Council, and thus would not be permitted to enter
into the debate or issue a statement for or against the proposed change. Mrs.
Keolker-Wheeler expressed disappointment that Council would not be provided
with the requested information at this time.
*MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL TABLE
THE MAIN MOTION UNTIL THE NEXT CITY COUNCIL MEETING SO
ADDITIONAL INFORMATION CAN BE MADE AVAILABLE TO
COUNCILMEMBERS. CARRIED.
Responding to Councilmember Keolker-Wheeler, Mayor Tanner stated that now
that the motion was no longer pending before Council, he would make the
services of any member of staff or of the Administration available to her.
NEW BUSINESS
Planning: Land Use
Boundaries for Gambling Uses
MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL
REFER THE ISSUE OF LAND USE BOUNDARIES FOR GAMBLING USES
TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED.
Parks: Cedar River Ballfield
Naming
Noting the receipt of citizen comments regarding the naming of the new Cedar
River ballfield park adjacent to Maplewood Golf Course, it was MOVED BY
NELSON, SECONDED BY EDWARDS, COUNCIL REFER THIS MATTER
TO THE COMMUNITY SERVICES COMMITTEE. CARRIED.
ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN.
CARRIED. Time: 9:13 p.m.
MARILYN J. PETERSEN, CMC, City Clerk
Recorder: Brenda Fritsvold
November 9, 1998