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Home My WebLink About02-04-08RENTON CITY COUNCIL Regular Meeting February 4, 2008 Council Chambers Monday, 7 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF COUNCILMEMBERS MARCIE PALMER, Council President; KING PARKER; TERRI BRIERE; RICH ZWICKER; GREG TAYLOR; RANDY CORMAN. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER DON PERSSON. CARRIED. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planning Manager; ERIKA CONKLING, Senior Planner; ANGELA MATHIAS, Assistant Planner; MARTY WINE, Assistant CAO; DEPUTY CHIEF ROBERT VAN HORNE, DEPUTY CHIEF MARK PETERSON and DEPUTY CHIEF CHUCK DUFFY, Fire Department; CHIEF KEVIN MILOSEVICH, DEPUTY CHIEF TIM TROXEL, COMMANDER CHARLES KARLEWICZ, COMMANDER KENT CURRY and MANAGER PENNY BARTLEY, Police Department. SWEARING-IN CEREMONY Councilmember Rich Zwicker City Clerk Bonnie Walton administered the oath of office to Richard (Rich) Zwicker, who on 1/28/2008 was selected by the Council to fill vacant Council Position No. 2, formerly held by Dan Clawson. Mr. Zwicker will serve out the remainder of the term to its expiration on 12/31/2009. PUBLIC MEETING Annexation: Red Mill, 128th Ave SE & SE Petrovitsky Rd This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public meeting to consider the 10% Notice of Intent to annex petition for the proposed Red Mill Annexation; 224 acres, including the abutting street right-of-way, generally located south of SE Petrovitsky Rd., east of 128th Ave. SE, and mostly north of SE 180th St. Planning Manager Lind explained that the annexation site contains 54 single-family units, 96 condominium units, commercial development, significant slopes, and wetlands. Public services are currently provided by Fire District #40, Soos Creek Water and Sewer District, Cedar River Water and Sewer District, and the Renton and Kent school districts. Reviewing the site's zoning, Ms. Lind stated that existing King County zoning is Community Business, R-24 (24 dwelling units per gross acre), R-18, R-6, and R-4. The City's Comprehensive Plan designates the site as Commercial Corridor and Residential Single Family, for which R-10 (ten dwelling units per net acre), R-8, Commercial Arterial, and/or Commercial Office zoning is likely. She noted that if the annexation moves forward, an in-depth zoning analysis of the environmental constraints would be necessary, and a Comprehensive Plan amendment would likely be necessary. Ms. Lind reported that the proposed annexation is generally consistent with City annexation policies and Boundary Review Board objectives. Regarding the fiscal impact analysis, she stated that a surplus of $93,734 is estimated at current development and a surplus of $80,906 is estimated at full development. Ms. Lind indicated that due to some potential flooding in the area, the Utility Division recommends the use of King County's 2005 Surface Water Design Manual, Level 2, for future development. Ms. Lind reported that the proposed annexation is generally consistent with City annexation policies and Boundary Review Board objectives. Regarding the fiscal impact analysis, she stated that a surplus of $93,734 is estimated at current development and a surplus of $80,906 is estimated at full development. Ms. Lind indicated that due to some potential flooding in the area, the Utility Division recommends the use of King County's 2005 Surface Water Design Manual, Level 2, for future development. Ms. Lind noted the receipt of a letter from Sabrina Petterson, Regional Manager for Sherron Associates, Inc. (Bellevue), requesting that the Fairwood Landing Apartments located at 14121 SE 177th St. be included in the annexation boundary. Public comment was invited. Linda Sartnurak (King County), speaking on behalf of many of the property owners in the annexation area, indicated that they do not want to be a part of the proposed Fairwood Incorporation, but rather part of the City of Renton. She encouraged Council to include the Fairwood Landing Apartments property in the annexation boundary, and accept the annexation petition. Linda Petersen (King County) said although she does not reside within the annexation area, she hoped to also be annexed to Renton in the future. Russ Radke (King County) voiced his support for the annexation. Stating that although he does not reside within the annexation area, he regularly patronizes the businesses that are requesting annexation. Gerald Edlund (King County), noting that he is within the proposed Fairwood Incorporation area, indicated his preference for being annexed to Renton. J. Paul Blake (King County) encouraged Council to accept the Administration's recommendation regarding the annexation. Raymond A. Breeden, Sr. (King County) expressed his appreciation to the City for its support of the Wonderland Estates Mobile Home Park (located on Maple Valley Hwy.), noting that the King County Housing Authority purchased the property. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL: ACCEPT THE 10% NOTICE OF INTENT PETITION FOR THE RED MILL ANNEXATION, AUTHORIZE CIRCULATION OF THE 60% DIRECT PETITION TO ANNEX AFTER THE EFFECTIVE DATE OF THE BENSON HILL COMMUNITIES ANNEXATION ON 3/1/2008 SPECIFYING THAT SIGNERS AGREE TO SUPPORT FUTURE ZONING CONSISTENT WITH RENTON'S COMPREHENSIVE PLAN, AND AMEND THE ANNEXATION BOUNDARY TO INCLUDE THE 10.12-ACRE FAIRWOOD LANDING APARTMENTS PROPERTY. CARRIED. PUBLIC HEARING Planning: Development Regulations (Title IV) Docket Review This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public hearing to consider revisions to the following City Code Title IV (Development Regulations) docket items: Housekeeping Amendments Group I, Animal Regulations, and Downtown Code Amendments. Planning Manager Lind indicated that the proposed housekeeping amendments are corrections needed to update zone names, correct errors in cross-references and spelling, and correct errors in notes and tables. She invited Assistant Planner Mathias to review the proposed changes to the animal regulations. Ms. Mathias stated that revisions include making the keeping of animals an accessory use, adding definitions, changing the household pet definition to be more specific about allowable animals, and allowing the keeping of four pets on lots that are 30,000 square feet. Additionally, the definitions of small, medium, and large domestic animals have been revised so that they are defined by the lot size required to keep the animals. Furthermore, revisions include changing the Hobby Kennel license to an Additional Animals Permit, amending the maximum number of cats and dogs allowed with the license to six, clarifying the factors considered for the allowance of additional animals, and instituting a revocation policy and an annual renewal. Ms. Mathias stated that revisions include making the keeping of animals an accessory use, adding definitions, changing the household pet definition to be more specific about allowable animals, and allowing the keeping of four pets on lots that are 30,000 square feet. Additionally, the definitions of small, medium, and large domestic animals have been revised so that they are defined by the lot size required to keep the animals. Furthermore, revisions include changing the Hobby Kennel license to an Additional Animals Permit, amending the maximum number of cats and dogs allowed with the license to six, clarifying the factors considered for the allowance of additional animals, and instituting a revocation policy and an annual renewal. Moving on to the downtown code amendments, Senior Planner Conkling explained that the proposed revisions simplify the complex set of regulations in effect for the downtown area. The proposal meets Comprehensive Plan objectives and policies for the downtown that call for urban-style development and parking, and that promote a high-quality physical and visual environment. Ms. Conkling reviewed the revisions, which include: eliminating the Downtown Core Overlay and extending the development standards from the overlay into the entire Center Downtown zone; expanding the Downtown Pedestrian District Overlay; amending the City Center sign regulation boundary to be consistent with the Urban Center Design Overlay District A regulations; and simplifying parking requirements for the downtown area. Public comment was invited. Rich Wagner (Renton) commented on the progression of the downtown code regulations over the years, noting that the original goal was to build in incentives to rebuild the downtown core. He voiced his agreement with the statement, "If the City continues to permit suburban style infill, the downtown core will never convert into a true urban center…," found in the downtown area docket summary. Mr. Wagner indicated that he is an architect, and a project he is working on will benefit from the changes to the property setbacks. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. AUDIENCE COMMENT Citizen Comment: McCammon - Benson Hill Communities Annexation Zoning, Fire District #40 Dave McCammon (King County) stated that he resides in the Benson Hill Communities Annexation area that will become part of Renton next month, and he complimented the City on its zoning of the area. Mr. McCammon further stated that the City's annexation-related contract with Fire District #40 will benefit both the district and Renton's Fire and Emergency Services Department. Citizen Comment: Guild-Taylor - Graphic and Obscene Images Displayed at Talbot Rd S & S 43rd St Nanette Guild-Taylor (Renton) expressed her concerns regarding the almost daily public exhibition of graphic and obscene images displayed at the corner of Talbot Rd. S. and S. 43rd St. She described the distress these images cause for many citizens, especially children, and stated her support for passionate and active citizens who can voice opinions and discuss views in respectful ways. MOVED BY PARKER, SECONDED BY TAYLOR, COUNCIL ALLOW THE SPEAKER AN ADDITIONAL TEN MINUTES. CARRIED. Ms. Guild-Taylor suggested adoption of an ordinance restricting the display of graphic and obscene images in public view, or adoption of an ordinance restricting the size of the images, or requiring the displayers of the images to create a warning system. Following discussion regarding sidewalks as public forums, First Amendment rights, and sign regulations, it was MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL REFER THE MATTER TO THE ADMINISTRATION FOR FURTHER RESEARCH. CARRIED. Ms. Guild-Taylor suggested adoption of an ordinance restricting the display of graphic and obscene images in public view, or adoption of an ordinance restricting the size of the images, or requiring the displayers of the images to create a warning system. Following discussion regarding sidewalks as public forums, First Amendment rights, and sign regulations, it was MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL REFER THE MATTER TO THE ADMINISTRATION FOR FURTHER RESEARCH. CARRIED. Citizen Comment: Pelton - Graphic and Obscene Images Displayed at Talbot Rd S & S 43rd St Mel Pelton (Renton) expressed her agreement with the previous speaker's comments, indicating that although she supports sidewalk protesters and free speech, the images being displayed are not appropriate. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of 1/28/2008 Approval of Council meeting minutes of 1/28/2008. Council concur. Community Services: Cedar River Natural Zone Boundary Survey, PACE Engineers Community Services Department recommended approval of an agreement in the amount of $79,500 with PACE Engineers, Inc. to perform a property boundary survey of parcels comprising the Cedar River Natural Zone. Refer to Finance Committee. Development Services: Camie Ng Short Plat, ROW Dedication, NE 21st St Development Services Division recommended acceptance of a deed of dedication for additional right-of-way to extend NE 21st St. to fulfill a requirement of the Camie Ng Short Plat (SHP-07-043). Council concur. Human Services: Housing Repair Assistance Program Policies Human Services Division recommended approval of the revisions to the Housing Repair Assistance Program policies. Refer to Community Services Committee. Municipal Court: Judicial Specialist Hire at Step E Municipal Court requested authorization to hire a Judicial Specialist at Step E of the salary range. Refer to Finance Committee. Utility: Hazen 565 Zone Reservoir Telemetry System, Reid Instruments Utility Systems Division recommended approval of an agreement in the amount of $33,203.17 with Reid Instruments for installation and programming of the telemetry system for the new Hazen 565 Zone Reservoir. Council concur. Utility: Upper Springbrook Creek Restoration, US Army Corps of Engineers Utility Systems Division requested approval of an agreement with U.S. Army Corps of Engineers regarding design and permitting for the Upper Springbrook Creek Restoration project. City's cost share is $95,650. Refer to Utilities Committee. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. RESOLUTIONS AND ORDINANCES The following ordinances were presented for first reading and referred to the Council meeting of 2/11/2008 for second and final reading: Annexation: Benson Hill Communities, RC Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Resource Conservation (RC) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, CN Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Commercial Neighborhood (CN) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, CO Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Commercial Office (CO) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, CO Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Commercial Office (CO) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, RM-F Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Residential Multi-Family (RM-F) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, RMH Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Residential Manufactured Home (RMH) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, CA Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to Commercial Arterial (CA) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, R-1 Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to R-1 (Residential - one dwelling unit per net acre) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, R-4 Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to R-4 (Residential - four dwelling units per net acre) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, R-8 Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to R-8 (Residential - eight dwelling units per net acre) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, R-10 Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to R-10 (Residential - ten dwelling units per net acre) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, R-14 Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to R-14 (Residential - 14 dwelling units per net acre) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. Annexation: Benson Hill Communities, R-14 Zoning An ordinance was read establishing the zoning classification of certain property annexed within the City of Renton from King County zoning to R-14 (Residential - 14 dwelling units per net acre) zoning; Benson Hill Communities; CPA 2007-M-06. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/11/2008. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance #5338 Budget: 2008 Amendments An ordinance was read amending the City of Renton annual 2008 Budget, as adopted by Ordinance 5325, in the total amount of $12,169,435. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5339 Transportation: Truck Route Designation, Houser Way Bypass & N 8th St & Logan Ave N An ordinance was read amending Section 10-12-26, Truck Routes, of Chapter 12 of Title X (Traffic) of City Code by adding new streets as designated. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5340 Fire: King County Fire District #40 Interlocal, Additional Employees, 2008 Budget Amend An ordinance was read amending the 2008 Budget in the amount of $3,433,000 and authorizing 31 additional staff positions as a result of the contract with Fire District #40 to provide fire and emergency services to the district. MOVED BY TAYLOR, SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS EDNSP: 2008 Neighborhood Program, Workshop Council President Palmer announced that a Neighbors Meeting Neighbors Leadership Workshop, sponsored by the Renton Neighborhood Program, will be held on February 9 at the Senior Activity Center. EXECUTIVE SESSION AND ADJOURNMENT MOVED BY PALMER, SECONDED BY ZWICKER, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:18 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 8:41 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann February 4, 2008