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HomeMy WebLinkAbout03-24-08RENTON CITY COUNCIL Regular Meeting March 24, 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; GREG TAYLOR; RICH ZWICKER; TERRI BRIERE; KING PARKER; DON PERSSON. MOVED BY PALMER, SECONDED BY PARKER, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED.  CITY STAFF IN ATTENDANCE DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; ALEX PIETSCH, Community and Economic Development Administrator; ERIKA CONKLING, Senior Planner; ANGELA MATHIAS, Assistant Planner; TERRY HIGASHIYAMA, Community Services Administrator; SONJA MEJLAENDER, Community Relations and Event Coordinator; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; DEPUTY CHIEF ROBERT VAN HORNE and DEPUTY CHIEF MARK PETERSON, Fire Department; COMMANDER DAVID LEIBMAN, Police Department.  SPECIAL PRESENTATIONS Public Works: Employee Recognition Public Works Administrator Gregg Zimmerman recognized the Planning/Building/Public Works employees nominated and chosen by their peers to receive 2007 Good Work awards, as follows: Principal Financial and Administrative Analyst Nenita Ching, Engineering Specialist Jun Aesquivel, and Construction Inspector Pat Miller. Vehicle and Equipment Mechanic Tom Guesman was selected as the 2007 Planning/Building/Public Works Employee of the Year.   Mr. Zimmerman then announced that the following employees who contributed to the Springbrook Creek Wetland and Habitat Mitigation Bank project were awarded the 2007 Good Teamwork Award: Parks Director Leslie Betlach, Senior Planner Jill Ding (former employee); Utility Engineering Supervisor Dave Christensen, Mapping Coordinator Bob Mac Onie, Civil Engineer Allen Quynn, and Utility Engineering Supervisor Ron Straka.  Community Services: Sister City Visit to Nishiwaki, Japan Community Relations and Event Coordinator Mejlaender introduced Roger Richert, Renton-Nishiwaki Sister City Committee Chairman, who reviewed the history and evolution of the Renton and Nishiwaki relationship, which began in 1969. Pointing out that the Renton-Nishiwaki Sister City Committee became an official committee of the City in 1994, Mr. Richert detailed the striking similarities between the two cities.   Ms. Mejlaender named the 16 delegates who will visit Nishiwaki from April 5 to 12, and she reviewed the itinerary for the trip. In conclusion, Ms. Mejlaender and Assistant CAO Wine displayed the gift that will be presented to the Mayor of Nishiwaki during the trip, a glass blown square shaped platter from Uptown Glassworks to add to the collection of previous art given by the City of Renton.  PUBLIC HEARING Planning: Development Regulations (Title IV) Docket 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: Commercial/Office/Residential (COR) Zone, Assisted Living, Helipads, and Utilities Height.   PUBLIC HEARING Planning: Development Regulations (Title IV) Docket 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: Commercial/Office/Residential (COR) Zone, Assisted Living, Helipads, and Utilities Height.   Reporting on the docket item concerning the COR zone, Assistant Planner Mathias explained that each of the current three COR zone designations were generally assigned to single, large properties with unique attributes. The proposed revisions will consolidate the COR zone into one designation, place the COR zone in Urban Design District C, and place the COR zone with the parking standards for other mixed use/multi-family zoning designations.   Turning to the docket item concerning assisted living, Ms. Mathias stated that Renton currently does not have a definition for assisted living, and the proposal includes implementing a new definition for assisted living and for multi-family assisted living; revising the definition for convalescent centers; striking the retirement residences definition; applying density to assisted living facilities; allowing assisted living facilities in the R-14 zone; limiting assisted living facilities to 18 units in the R-1 and R-10 zones; and establishing parking standards of one space per unit, plus dedicated parking for facility fleet vehicles.   Continuing, Ms. Mathias reviewed the proposed revisions to the height requirements for utilities, which include: allowing additional height for aboveground and elevated water reservoirs and public utility facilities, treating public utility facilities exceeding 50 feet in height with public art, and adding language to allow administrative modification of setbacks and lot coverage to trigger site plan review.   Senior Planner Conkling reported on the docket item concerning helipads. She indicated that helipads are currently allowed with a Hearing Examiner conditional use permit in commercial, industrial, and urban center zones. Ms. Conkling noted that the Federal Aviation Administration (FAA) regulates helipad construction, siting, and all airspace issues, including the approach for take-offs and landings.   Ms. Conkling explained that the proposed revision will allow helipads in the R-8 zone, if accessory to a residential use, with a Hearing Examiner conditional use permit. The helipad use is limited to properties fronting Lake Washington, where one seaplane per residence is already allowed. Additionally, compliance with FAA regulations is required, and properties will be limited to one aircraft.   In conclusion, Ms. Conkling reported that the Planning and Development Committee will review this group of docket items and then present a report to the full Council. She noted that the Environmental Review Committee's determination regarding the helipads has been appealed to the Hearing Examiner; therefore, the Committee will not review that docket item until the appeal issue has been settled.   In response to Council inquiries, Ms. Mathias stated that the funding for graphic treatments on water tanks is usually part of a new construction budget or a maintenance upgrade, and the cost averages out to be approximately one percent of the budget. Ms. Conkling estimated that seven or eight of the lakefront properties may be eligible to have a helipad. She indicated that when approving private helipads, the FAA prohibits the allowance of an approach over a residential area; however, helicopters are not prohibited from flying over Kennydale Hill. Ms. Conkling explained that a helicopter would land on the ground unless it has pontoons. A seaplane lands on the water, is usually placed on a surface, and is pulled onto the lake and taxis off from there.   Public comment was invited. The following speakers spoke in support of the helipad proposal: Steve Maxwell (Renton); Robert Watson (Seattle); Marlene Winter (Renton); Dr. Paul Joos (Renton); Dorothy Simpson (Mercer Island); Gary Pipkin (Renton); Charlie Conner (Renton), who also submitted 46 support signatures and a support letter from Monica Fix (Renton); Gene Heuschel (Renton); Sharon Smith (Renton); Kim Bowden (Renton); Buzz Dana (Renton); Jerry Brennan (Renton); Brian Fife (Renton); Joe Boehme (Renton); Tom Dahlby (Renton);   Public comment was invited. The following speakers spoke in support of the helipad proposal: Steve Maxwell (Renton); Robert Watson (Seattle); Marlene Winter (Renton); Dr. Paul Joos (Renton); Dorothy Simpson (Mercer Island); Gary Pipkin (Renton); Charlie Conner (Renton), who also submitted 46 support signatures and a support letter from Monica Fix (Renton); Gene Heuschel (Renton); Sharon Smith (Renton); Kim Bowden (Renton); Buzz Dana (Renton); Jerry Brennan (Renton); Brian Fife (Renton); Joe Boehme (Renton); Tom Dahlby (Renton);   Don Jacobson (Renton); Marc Pritchard (Renton); Don Savoy (Renton); John Hempelmann (Seattle); Kelly Grace (Renton); Steve Porter (Renton); Mike Holmes (Renton); Steve Miller (Renton); Jim Hess (Renton); Bob Goetz (Renton); Carrie Krape (Renton); Pat Dana (Renton); Kevin Iden (Renton); and Bill Stoneman (Renton).   Support comments indicated that the lakefront community will be a more interesting place to live due to all of the activity; the noise is minimal; the neighborhood will be improved; the lake is enjoyed in many ways, which includes the use of aircraft; space requirements to land helicopters are very restrictive; safe environment in which to operate helicopters; zoning revision will result in only a few helipads; Renton is a progressive city; property values   will be enhanced; helicopters will add to the character of the City; increased quality of life; reflection of Renton's aviation history; requirement for conditional use permit will shepherd the use of helicopters in this area; the majority of the City of Issaquah's helicopter rules are FAA requirements; and helicopters are under the control of the Renton Airport unlike at other cities.   Other comments included: important to maintain affected properties' seaplane sites and that potential use for any future owners; helipads should be considered in the same manner as seaplane sites; helicopter approaches are not allowed over Kennydale Hill; air traffic issues are regulated by the FAA; potential usefulness of helicopters during public disaster situations; property rights maintained; lack of notice for public hearing; preference for City to use the administrative conditional use permit process; and helicopters are not operated when the weather is marginal.   The following speakers spoke in opposition of the proposal: Joanie Rosling (Renton), John DuBois (Renton), Pegi Galster (Renton), Victoria Kapetan (Renton), Kim Loulias (Renton), Bill Johnson (Renton), John Middlebrooks (Renton), Brian Shine (Renton), Trudy Neumann (Renton), and Mark Hancock (Seattle).   Objections included increased noise; helipads will only benefit a few people to the detriment of the entire Kennydale neighborhood; helicopters require considerable skill and continued practice to fly; the lack of a noise study; decreased property values; public safety concerns; reduced quality of life; large amount of noise already endured in the neighborhood; lack of tangible benefits for the entire City; and the efforts of the Renton Airport Advisory Committee are countered.   Other comments indicated that the Renton Airport is nearby, therefore private helipads are not needed; the City of Issaquah has numerous rules regarding the operation of helicopters; the environmental issues have been overlooked; the allowance of helicopters with floats reduces safety hazard; helicopters do not belong in residential neighborhoods or on the water front; large birds may present safety hazard to the helicopter; water-based helipad should be required;   legal issue concerns if an accident occurs; helicopters fly over Kennydale Hill and cause disruptions; even distribution of the costs and benefits of the disruptions to people's lives is needed; helicopters are dangerous and noisy; the conditional use permit process creates and continues confusion; preference for a third party to test the helicopter noise; and a better ordinance is needed.   legal issue concerns if an accident occurs; helicopters fly over Kennydale Hill and cause disruptions; even distribution of the costs and benefits of the disruptions to people's lives is needed; helicopters are dangerous and noisy; the conditional use permit process creates and continues confusion; preference for a third party to test the helicopter noise; and a better ordinance is needed.   Correspondence in support of the helipad proposal was acknowledged from Thomas R. Dahlby and Kathleen I. Dahlby (Renton). Correspondence in opposition to the proposal was acknowledged from the following: Sandy Reisman (city of residence unknown); Thomas and Judith Skillman (Renton); Kim Loulias (Renton); Paul and Tami Skelton (Renton); Jodi Watson (Renton); Linda Fry (city of residence unknown); Robert L. Undsderfer (Renton); Betty   Childers and Steve Denison (Renton); John Middlebrooks (Renton); Mary Lowry and Mike Lowry (Renton); and Joanie Rosling (Renton). Correspondence regarding the proposal was also acknowledged from Steve F. (city of residence unknown) and Marleen Mandt (city of residence unknown).   There being no further public comment, it was MOVED BY PERSSON, SECONDED BY PARKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED.  RECESS MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:12 p.m. The meeting was reconvened at 9:17 p.m.; roll was called; all Councilmembers present except Corman, previously excused.  APPEAL Planning & Development Committee Appeal: Monopole Conditional Use Permit, T-Mobile, CU-07-065 Planning and Development Committee Chair Parker announced that the hearing regarding the T-Mobile monopole conditional use permit appeal was continued to April 4 at 1:30 p.m.  AUDIENCE COMMENT Citizen Comment: Galster - Title IV Docket Review, Helipads Pegi Galster (Renton) requested that before making a decision on the matter of the proposed zoning revision that would allow helipads in certain R-8-zoned properties, the City hire a consultant to conduct a noise study. She also urged Council to read the documentation she submitted regarding noise.  CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing.  Council Meeting Minutes of 3/17/2008 Approval of Council meeting minutes of 3/17/2008. Council concur.  Board/Commission: Planning Commission Membership Expansion Community and Economic Development Department recommended approval to expand the Planning Commission from seven to nine members. Council concur. (See page 97 for ordinance.)  Planning: Development Regulations (Title IV) Docket Review Community and Economic Development Department recommended approval of Title IV docket item 08-01: text amendment for Monopole I in residential zones and housekeeping amendments to wireless regulations in all zones. Refer to Planning and Development Committee.  Human Services: Regional Affordable Housing Program Fund Usage, King County Human Services Division requested approval of an agreement with King County regarding the use of SHB (Substitute House Bill) 2060 local low income housing funds for the Regional Affordable Housing Program. Refer to Community Services Committee.  Utility: White Fence Ranch Sewer Extension Geotechnical Services, Kleinfelder Utility Systems Division recommended approval of an agreement in the amount of $35,752 with Kleinfelder for the White Fence Ranch Sewer Extension Project geotechnical services. Council concur.   MOVED BY PALMER, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED.   MOVED BY PALMER, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED.  UNFINISHED BUSINESS Finance Committee Finance: Vouchers Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 270147 - 270645 and two wire transfers totaling $4,204,144.65; and approval of 183 Payroll Vouchers, one wire transfer, and 702 direct deposits totaling $2,543,348.68. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.  Finance: Utility Tax Non-Payment, Penalty and Interest Collection Finance Committee Chair Persson presented a report recommending concurrence with the staff recommendation that the City Code be amended to provide for interest and penalties for late payment of utility taxes due to the City. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 97 for ordinance.)  Finance: Capital Funding Financial Policy Finance Committee Chair Persson presented a report regarding capital funding Financial Management Policies revisions. As a result of the review of Fund Balance Reserves and the annual Capital Improvement Plan, the Committee recommended that the Financial Management Policies be revised as follows: Add the Farmers Market Fund previously approved by Ordinance 5360. Add a new internal service fund for City facilities enabling the tracking and planning for expenses related to providing facilities for use by City staff. Revise the capital project budget process to provide for project length budgeting of capital projects. This will eliminate the need to break a long-term capital project into annual budget increments and improve reporting.   MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.  Human Resources: Reclassifications (7 Positions), Application Support Manager Hire Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to reclassify positions and create pay ranges for City departments effective 1/1/2008. Funds to implement this recommendation are provided in the 2008 Budget. The positions are as follows:   Civil Engineer I (vacant), grade a19 to a21, no budget change. Recreation Supervisor to Recreation Manager (vacant), grade m25 to m28, no budget change. Lead Building Inspector (new position), a24, no budget change. Lead Code Compliance Inspector (new position), a22, no budget change. Planning Director (new position), m38, no budget change. Water Utility Instrumentation/SCADA Technician, a19, no budget change. Risk Manager (new position), m30, no budget change.   Additionally, the Committee concurred with the staff recommendation to permit the filling of the Application Support Manager position on 3/17/2008 in anticipation of the retirement of a long-term City employee on 5/1/2008, in order to facilitate a smooth transaction. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.  Transportation (Aviation) Committee Streets: Renaming, SE Petrovitsky Rd & SE Carr Rd Transportation (Aviation) Committee Vice Chair Persson presented a report regarding SE Petrovitsky Rd. and SE Carr Rd. street names. The Committee met to discuss a request to review the street naming for the SE Petrovitsky Rd., SE Carr Rd., and S. 176th St. arterial route through the Benson Hill Communities Annexation area. The newly annexed area had these three different names for the same arterial route.   The street names in the City of Renton are designated by City Code, Chapter 11, Street Grid System. For most of the Benson Hill Communities Annexation area, the street names remained unchanged following annexation. City Code Section 9-11-6.A.3 does require that the segments of SE Carr Rd., SE 176th St., and SE Petrovitsky Rd. be renamed SE Carr Rd., west of 108th Ave. SE, and SE Petrovitsky Rd., east of 108th Ave. SE. These changes have been made by City staff, which affects 27 property owners in the annexation area. These street names correspond to the existing street names on the route east and west of the annexation area.   The Committee recommended that no further action be taken at this time on street name changes for this arterial route. MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.  RESOLUTIONS AND ORDINANCES The following resolution was presented for reading and adoption:  Added Resolution #3937 Transportation: I-405 Corridor Program Support MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL BRING FORWARD THE ADDED RESOLUTION REGARDING SUPPORT FOR THE I-405 CORRIDOR PROGRAM. CARRIED. A resolution was read reaffirming Renton's support of the I-405 Corridor Program record of decision finalized in October 2002, particularly full implementation of the bus rapid transit concept. MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Councilmember Persson indicated that this matter has been discussed several times in Committee of the Whole.   The following ordinances were presented for first reading and referred to the Council meeting of 4/7/2008 for second and final reading:  Board/Commission: Planning Commission Membership Expansion An ordinance was read amending Chapter 10, Planning Commission, of Title II (Commissions and Boards) of City Code by increasing the membership of the Planning Commission from seven to nine. MOVED BY BRIERE, SECONDED BY ZWICKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/7/2008. CARRIED.  Finance: Utility Tax Non-Payment, Penalty and Interest Collection An ordinance was read amending Section 2, Utility Tax; When Due, of Chapter 11, Utility Tax, of Title V (Finance and Business Regulations) of City Code by adding two new subsections, "A," Penalties For Nonpayment, and "B," Interest. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/7/2008. CARRIED.   The following ordinances were presented for second and final reading and adoption:  Ordinance #5364 EDNSP: Dry Docks Removal Waiver of Permit Fees, Budget Amend An ordinance was read amending the 2008 Budget, allocating $200,000 from the unallocated reserve fund balance from 2007 for derelict vessel removal projects. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.  Ordinance #5365 Board/Commission: Municipal Arts Commission Revisions An ordinance was read amending Chapter 8, Municipal Arts Commission, of Title II (Commissions and Boards) of City Code by introducing a five-year Master Plan for Arts and Culture; clarifying how funding is established and adjusted for the 1% for Art Fund; and scheduling the annual review of the two-year plan for projects slated for the 1% for Art Fund, to be completed during the annual City budget preparation process. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.   Ordinance #5365 Board/Commission: Municipal Arts Commission Revisions An ordinance was read amending Chapter 8, Municipal Arts Commission, of Title II (Commissions and Boards) of City Code by introducing a five-year Master Plan for Arts and Culture; clarifying how funding is established and adjusted for the 1% for Art Fund; and scheduling the annual review of the two-year plan for projects slated for the 1% for Art Fund, to be completed during the annual City budget preparation process. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.  AUDIENCE COMMENT Citizen Comment: Gitchel - Monopole Conditional Use Permit Appeal, T-Mobile, CU-07-041 In response to the inquiry of Chuck Gitchel (Renton) regarding the T-Mobile monopole conditional use permit appeal, Councilmember Parker stated that the Planning and Development Committee will present its recommendation regarding the matter to the full Council on April 7.  ADJOURNMENT MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADJOURN. CARRIED. Time: 9:39 p.m.    Bonnie I. Walton, CMC, City Clerk  Recorder: Michele Neumann March 24, 2008