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Home My WebLink About04-21-08RENTON CITY COUNCIL Regular Meeting April 21, 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; DON PERSSON; KING PARKER; TERRI BRIERE; RICH ZWICKER; GREG TAYLOR; RANDY CORMAN. 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; TERRY HIGASHIYAMA, Community Services Administrator; TERRY FLATLEY, Parks Maintenance Manager/City Forester; ALEX PIETSCH, Community and Economic Development Administrator; REBECCA LIND, Planning Manager; PREETI SHRIDHAR, Communications Director; MARTY WINE, Assistant CAO; DEPUTY CHIEF CHUCK DUFFY, Fire Department; CHIEF KEVIN MILOSEVICH, Police Department. PROCLAMATIONS Arbor Day/Earth Day - 4/26/2008 A proclamation by Mayor Law was read declaring 4/26/2008 to be "Arbor Day/Earth Day" in the City of Renton and encouraging all citizens to join in this special observance and to endeavor to think and act ecologically, economically, and ethically to create a sustainable future. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Accepting the proclamation with appreciation, Parks Maintenance Manager/City Forester Flatley encouraged everyone to celebrate Arbor Day and Earth Day by helping to plant vegetation at Heritage Park on April 26. National Volunteer Week - April 27 to May 3, 2008 A proclamation by Mayor Law was read declaring April 27 to May 3, 2008, to be "National Volunteer Week" in the City of Renton and encouraging all members of the community to express appreciation to volunteers across the City for their commitment to service and to promote the spirit of volunteerism in families and neighborhoods. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Community Services Administrator Higashiyama accepted the proclamation and acknowledged the approximately 3,500 volunteers who donated over 57,000 hours to the City in 2007. PUBLIC HEARINGS 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 City Code Title IV (Development Regulations) Docket Item 08-01: text amendments for Monopole I in residential zones and housekeeping amendments to wireless regulations in all zones. Planning Manager Lind noted that the amendments are needed due to changes in industry standards, which include the public demand for greater wireless coverage and the need for more poles and smaller land areas. She defined a Monopole I as "A wireless communication support structure which consists of a freestanding support structure, less than sixty feet in height, erected to support wireless communication antennas and connecting appurtenances." Ms. Lind explained that the proposal allows Monopole I structures on residentially zoned sites of one-half acre with an administrative conditional use permit when setbacks are 100 feet or more from adjacent residentially zoned properties, and with a Hearing Examiner conditional use permit when setbacks are less than 100 feet from adjacent residentially zoned properties. Finally, the structure locations will be restricted within the public right-of-way to designated arterial roads. Pointing out that the proposed housekeeping amendments do not change the regulatory content of City Code, Ms. Lind stated that the amendments are needed to increase consistency and accuracy by clarifying language, adding cross-referencing, and changing the names of reviewing staff to the more generalized "Reviewing Official." In conclusion, she indicated that the next step is for the Planning and Development Committee to present its report on the matter to the full Council. Public comment was invited. Michael Cady (Sammamish), representing T-Mobile USA, Inc., expressed support for the amendment allowing Monopole I structures on half-acre lots in residential zones. However, he noted that the amendment does not address the need for additional height. Additionally, Mr. Cady voiced opposition to the amendment that allows the structures only on designated arterial roads, pointing out the lack of right-of-way space available to place necessary equipment. He recommended that the City allow additional height if a structure is located on a half-acre parcel and allow equipment on residential properties subject to review by the Hearing Examiner. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ALLOW THE SPEAKER TWO MORE MINUTES. CARRIED. Mr. Cady submitted a letter outlining his comments. In response to Council inquiries, Mr. Cady detailed the size of space needed to contain the equipment in cabinets, shelters, and underground vaults. He indicated that once installed, the equipment may need maintenance once a month. Additionally, Mr. Cady noted that the equipment needs to be placed within 50 to 100 feet of the monopole, preferably within ten feet, and he affirmed that increasing the height of the monopole increases the coverage area. Michael Ekness (Renton) voiced his support for the amendments, especially the 100-foot setbacks and allowing the monopoles only in arterial rights-of-way. He noted that the poles are very obtrusive in neighborhoods. Responding to Councilmember Corman's inquiry, Ms. Lind explained that City Code distinguishes between different monopole heights, for example, the Monopole II is greater than 60 feet and has its own set of standards. Mr. Corman questioned whether a different set of standards is needed in the future for monopoles that are 30 or 40 feet in height. Chuck Gitchel (Renton) agreed with the amendment regarding the 100 foot setbacks on one-half acre lots; however, he expressed concern regarding the lack of setbacks for rights-of-way. Mr. Gitchel pointed out that these structures lower property values. There being no further public comment, it was MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Annexation: New Life - Aqua Barn, Development Agreement with Cedar River Lightfoot 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 a pre-annexation development agreement with Cedar River Lightfoot, Inc. and Lennon Investments, Inc. regarding a six-acre parcel located within the proposed New Life - Aqua Barn Annexation area that abuts the south side of Renton-Maple Valley Hwy. (SR-169). Annexation: New Life - Aqua Barn, Development Agreement with Cedar River Lightfoot 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 a pre-annexation development agreement with Cedar River Lightfoot, Inc. and Lennon Investments, Inc. regarding a six-acre parcel located within the proposed New Life - Aqua Barn Annexation area that abuts the south side of Renton-Maple Valley Hwy. (SR-169). Planning Manager Lind reported that the during the 2007 Comprehensive Plan amendment review cycle, R-14 zoning was approved for the parcel, subject to an agreement restricting development to no more than 45 units. Explaining that King County has already reviewed the site as Phase 2 of the Molasses Creek condominium development project, she pointed out that the project is not yet vested and that shared utility improvements exist with Phase 1 of the development. Ms. Lind stated that the development agreement is needed to prevent a maximum density of approximately 86 units if the project were to be re-designed. She relayed the staff recommendation to approve the development agreement, which restricts the total number of units to 45 and establishes R-14 zoning. Public comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL AUTHORIZE THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT WITH CEDAR RIVER LIGHTFOOT, INC. AND LENNON INVESTMENTS, INC. CARRIED. ADMINISTRATIVE REPORT Chief Administrative Officer 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 2008 and beyond. Items noted included: Oakesdale Ave. SW will be closed under I-405 April 22 through April 24, from approximately 8 p.m. to 5 a.m., to allow the contractor to hang three large girders for the new I-405 southbound bridge over Oakesdale Ave. SW. AUDIENCE COMMENT Citizen Comment: Witt - Sikh Temple Event, Parking Violations Paul Witt (Renton) stated that a large event was held at the Sikh Temple located on Talbot Rd. S. on April 19, and as a result, many vehicles were parked illegally along S. 53rd Pl. blocking the street, mailboxes and fire hydrants. Mr. Witt expressed concern regarding the blocked access for emergency vehicles and the lack of consequences for law violators. Pointing out that multiple calls were made to 911, he voiced concern regarding the lack of response. Mr. Witt requested that the City take steps to ensure that the neighborhood is kept safe, and to work with the temple so that events are successful, safe, and legal. Mayor Law stated that the Transportation and Police departments did work with the temple on the event and the City will review what took place. Citizen Comment: Troxel - Joe's Bar and Grill Disturbances (NE Sunset Blvd) Jon Troxel (Friday Harbor) stated that he is the owner of an 11-unit apartment building located next to Joe's Bar and Grill (2621 NE Sunset Blvd.), and expressed concern regarding the noise that emanates from the bar and disrupts his tenants who have a right to a peaceful home. Pointing out that approximately thirty 911 calls have been made since the first of the year, Mr. Troxel urged the City to find a solution to this ongoing problem. Mayor Law assured that the Police Department is sensitive to this, and he said the Police Chief will send the bar ownership a letter and use various tactics to address the matter. Citizen Comment: Troxel - Joe's Bar and Grill Disturbances (NE Sunset Blvd) Jon Troxel (Friday Harbor) stated that he is the owner of an 11-unit apartment building located next to Joe's Bar and Grill (2621 NE Sunset Blvd.), and expressed concern regarding the noise that emanates from the bar and disrupts his tenants who have a right to a peaceful home. Pointing out that approximately thirty 911 calls have been made since the first of the year, Mr. Troxel urged the City to find a solution to this ongoing problem. Mayor Law assured that the Police Department is sensitive to this, and he said the Police Chief will send the bar ownership a letter and use various tactics to address the matter. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of 4/14/2008 Approval of Council meeting minutes of 4/14/2008. Council concur. CAG: 08-038, City Center Parking Garage Police Substation, MJ Ness Construction Co City Clerk reported bid opening on 4/15/2008 for CAG-08-038, City Center Parking Garage Police Substation; five bids; engineer's estimate $150,000; and submitted staff recommendation to award the contract to low bidder, M.J. Ness Construction Co., Inc., in the amount of $219,680.70. Council concur. CAG: 08-037, Police Locker Rooms, HS Builders City Clerk reported bid opening on 4/16/2008 for CAG-08-037, Police Locker Rooms; five bids; engineer's estimate $450,000; and submitted staff recommendation to award the contract to low bidder, H.S. Builders, Inc., in the amount of $245,895.20. Council concur. CAG: 08-033, Ripley Lane N Storm System Improvement, Rodarte Construction City Clerk reported bid opening on 4/15/2008 for CAG-08-033, Ripley Lane N. Storm System Improvement; seven bids; engineer's estimate $1,565,069; and submitted staff recommendation to award the contract to the low responsive bidder, Rodarte Construction, Inc., in the amount of $1,475,874. Council concur. Budget: 2008 Amendment, Information Technology Projects Finance and Information Services Department recommended approval to amend the 2008 Budget in the total amount of $486,000 to carry forward funds from 2007 for information technology projects that were not completed in 2007. Refer to Finance Committee. Police: Lateral Police Officers Hire at Step D Police Department recommended approval of the starting compensation for four specific Lateral Police Officers at Step D of the salary range. Council concur. CAG: 07-033, Trails and Bikeways Study and Map, MacLeod Reckord Transportation Systems Division requested approval of Supplemental Agreement No. 2 to CAG-07-033, agreement with MacLeod Reckord for a trails and bikeways study and map, in the amount of $16,719.30 for additional work and a term extension to 12/31/2008. Council concur. Utility: Low-Income Senior & Disabled Utility Rates Utility Systems Division recommended approval to adjust current utility discount rates for low-income senior/disabled residents. Council concur. (See page 130 for ordinance.) MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Planning & Development Committee Development Services: Release of Restrictive Covenants Placed by King County re Lot Size and Width Planning and Development Committee Chair Parker presented a report regarding the release of restrictive covenants for 6,000 square foot lots. The Committee recommended concurrence in the staff recommendation to approve the release of the restrictive covenants placed by King County on older plats restricting lot size and width to standards different than current City zoning standards for the property. The Committee found that the requirements for approving a release of these restrictions are met. The change in Comprehensive Plan designation and zoning of the properties constitutes a change in circumstance. The restrictions are now undesirable as they prevent properties from being developed to the standards anticipated under approved existing zoning and development standards. The application of these outdated restrictions is also found to be duly burdensome to the property owners as they are thereby prevented from exercising the same property rights as owners of similarly zoned properties. The Committee further recommended that Council direct staff to ignore these outdated restrictions. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The Committee further recommended that Council direct staff to ignore these outdated restrictions. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Development Regulations (Title IV) Docket Review Planning and Development Committee Chair Parker presented a report regarding the City Code Title IV (Development Regulations) docket. The Committee recommended concurrence in the Planning Commission recommendation to approve Docket Item 06-28, Assisted Living, as follows: Create a new definition for assisted living to replace retirement residence. Revise the definition for convalescent centers to clarify that a skilled nursing staff administers convalescent care. Apply density standards to assisted living facilities, but allow them to develop at a ratio of 1.5 units per the base density of the zone. Allow assisted living facilities in the R-14 zone. Limit assisted living facilities in the R-1 and R-10 zones to a maximum of 18 total residential units per acre. Include assisted living in the parking standards table and require one parking space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. The Committee further recommended concurrence in the Planning Commission recommendation to approve Docket Item 07-01, Height Requirement for Utilities in Residential Zones, as follows: The proposed height for above ground and elevated water reservoirs and public utility of: 1) 175 feet for an above-ground standpipe water reservoir, an elevated water tank, and a water treatment facility to the highest point of the water storage reservoir; and 2) 50 feet maximum height for water facilities such as water treatment facilities and pump stations. Allow additional setbacks for water treatment facilities and pump stations through the administrative site plan review process. Allow modification to lot coverage through the administrative site plan review process. Require graphic treatment of new water tanks to be reviewed by the Municipal Arts Commission. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Committee Appointment: Planning Commission Community Services Committee Chair Briere presented a report recommending concurrence in Mayor Law's appointment of Ed Prince to the Planning Commission for an unexpired term expiring 6/30/2010.* Councilmember Briere introduced Mr. Prince, who was present in the audience, and noted that he is the first resident of the Benson Hill Communities area to join the commission. *MOVED BY BRIERE, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. EDNSP: 2008 Neighborhood Program Grants Community Services Committee Chair Briere presented a report regarding the 2008 neighborhood grant projects (first round). The Committee recommended concurrence in the staff recommendation to approve the following grant awards: Downtown Committee/South Renton Neighborhood Association - Includes a spring clean up and planting assorted plants in containers in the downtown ($2,371). LaCrosse Homeowners Association - Placing two entrance signs at the north and south entrances into the neighborhood ($454). Liberty Ridge Homeowners Association - Creating a small playground and installing a bench, swings, and a play structure with appropriate landscaping ($23,517). EDNSP: 2008 Neighborhood Program Grants Community Services Committee Chair Briere presented a report regarding the 2008 neighborhood grant projects (first round). The Committee recommended concurrence in the staff recommendation to approve the following grant awards: Downtown Committee/South Renton Neighborhood Association - Includes a spring clean up and planting assorted plants in containers in the downtown ($2,371). LaCrosse Homeowners Association - Placing two entrance signs at the north and south entrances into the neighborhood ($454). Liberty Ridge Homeowners Association - Creating a small playground and installing a bench, swings, and a play structure with appropriate landscaping ($23,517). Maureen Highlands Homeowners Association - Landscaping around a neighborhood retention pond and adding benches, doggie stations, trash cans, and newsletter holders ($7,860). May Creek Homeowners Association - Replacing an existing fence, which was part of the original development in 1989 ($2,871). Parkside Court Homeowners Association - Cleaning up and landscaping around the neighborhood retention pond ($3,039). Renton Hill Neighborhood Association - Placing two neighborhood entrance signs at points of entry on Renton Ave. S. and I-405 and Cedar Ave. S. and I-405 ($8,210). Rolling Hills Homeowners Association - Installing an improved fence barrier to comply with Washington State Department of Health mandate ($6,087). The Vineyards Homeowners Association - Sandblasting an entrance rock sign ($4,224). Tiffany Park Neighborhood Association - Continuing development of a neighborhood park, Ginger Creek Urban Park, located on Seattle Public Utilities-owned right-of-way in Renton ($1,189). Victoria Park Homeowners Association - Installing an entrance sign, with lighting, at the south entrance into the neighborhood ($2,782). Windwood Homeowners Association - Landscaping improvements at the front entrance and lights installation around the entrance sign ($1,100). Windwood Homeowners Association - Placing signs within the neighborhood to identify areas where children play and signs to encourage residents to clean up after their pets ($1,152). The Committee further recommended approval of funding for the following administrative newsletter applications: Aster Park Homeowners Association - Annual costs for newsletter printed quarterly and distributed door-to-door ($36). Earlington Neighborhood Association - Annual costs for a newsletter printed quarterly and distributed door-to-door and by United States Postal Service (USPS); $440. Heritage Garden Estates Homeowners Association - Annual costs for a newsletter printed and distributed by USPS six times a year ($50). Liberty Ridge Homeowners Association - Annual costs for a newsletter printed quarterly and distributed by USPS ($572). Maureen Highlands Homeowners Association - Annual costs for a newsletter printed and distributed door-to-door twice a year ($125). North Renton Neighborhood Association - Annual costs for a newsletter printed quarterly and distributed door-to-door ($915). Renton Hill Neighborhood Association - Annual costs for a newsletter printed and distributed door-to-door twice a year ($433). Rolling Hills Homeowners Association - Annual costs for a newsletter printed and distributed door-to-door and by USPS ($330). Summit Park Homeowners Association - Annual costs for a newsletter printed and distributed door-to-door twice a year ($48). Victoria Park Homeowners Association - Annual costs for a newsletter printed and distributed by USPS ($248). The first round of applications totals $68,053, leaving a balance of $8,947. A second round will follow, with a deadline for applications of 10/10/2008. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utility: Automatic Meter Reading System Evaluation, HDR Engineering Utilities Committee Chair Zwicker presented a report recommending concurrence in the staff recommendation to approve the engineering consultant agreement and authorize the Mayor and City Clerk to sign the agreement with HDR Engineering, Inc. in the amount of $80,928 for professional services to support the City's acquisition, development, and implementation of an automatic meter reading system. MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Fire: Emergency Response Times for Medical Aid Public Safety Committee Chair Taylor presented a report regarding Fire Department response times. The Committee was briefed on this issue in 2007 and recommended no changes to the current policy at this time. MOVED BY TAYLOR, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 00-049, Valley Communications Center Interlocal Agreement Public Safety Committee Chair Taylor presented a report recommending concurrence in the staff recommendation to authorize Mayor Denis Law to ratify the first amendment to the Valley Communications Center governing interlocal agreement. MOVED BY TAYLOR, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: Sister City Visit to Nishiwaki, Japan Councilmember Corman recapped his recent trip to Renton's Sister City Nishiwaki, commenting that it was an amazing visit. Stating that a formal presentation about the trip is forthcoming, Mr. Corman noted that this opportunity is available to any citizen, and that each delegate paid for his or her own travel expenses. RESOLUTIONS AND ORDINANCES The following ordinance was presented for first reading and referred to the Council meeting of 4/28/2008 for second and final reading: Utility: Low-Income Senior & Disabled Utility Rates An ordinance was read amending Chapter 1, Garbage, Chapter 2, Storm and Surface Water, Chapter 4, Water, and Chapter 5, Sewers of Title VIII (Health and Sanitation) of City Code by adjusting current utility discount rates for low-income senior/disabled residents. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/28/2008. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance #5370 Vacation: Alley, Burnett Ave S & S 2nd St, Friedman Development, VAC-04-004 An ordinance was read vacating a portion of alley right-of-way located south of S. Tobin St., between Burnett Ave. S. and Williams Ave. S. (Friedman Development, LLC; VAC-04-004). MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5371 Transportation: Logan Ave N Bicycle Lane, Boeing, Budget Amend An ordinance was read amending the 2008 Budget to transfer from Fund 303 to Fund 316 for the Cedar River Trail Extension Project (Logan Ave. N. Bicycle Lane) expenses, and appropriating revenues in Fund 316 and authorizing expenses in that fund in the net amount of $111,875. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5371 Transportation: Logan Ave N Bicycle Lane, Boeing, Budget Amend An ordinance was read amending the 2008 Budget to transfer from Fund 303 to Fund 316 for the Cedar River Trail Extension Project (Logan Ave. N. Bicycle Lane) expenses, and appropriating revenues in Fund 316 and authorizing expenses in that fund in the net amount of $111,875. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Community Event: Piazza Renton Spring Festival Council President Palmer thanked the volunteers, City staff, and all those who attended the Piazza Renton Spring Festival and participated in the Downtown Renton Poker Run on April 19. She stated that the turnout was good despite the stormy weather. AUDIENCE COMMENT Citizen Comment: Gitchel - Monopole Conditional Use Permit Appeal, T-Mobile, CU-07-065 In response to the question posed by Chuck Gitchel (Renton), Chief Administrative Officer Covington indicated that the Committee of the Whole will likely discuss the T-Mobile monopole conditional use permit appeal in June. ADJOURNMENT MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADJOURN. CARRIED. Time: 8:06 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann April 21, 2008