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Home My WebLink About03-26-01RENTON CITY COUNCIL Regular Meeting March 26, 2001 Council Chambers Monday, 7:35 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 DAN CLAWSON, Council President; KING PARKER; DON PERSSON; RANDY CORMAN; TONI NELSON. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILMEMBERS TERRI BRIERE AND KATHY KEOLKER-WHEELER. CARRIED. CITY STAFF IN ATTENDANCE JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JIM SHEPHERD, Community Services Director; LESLIE BETLACH, Parks Director; LINDA KNIGHT, Solid Waste Coordinator; DEREK TODD, Assistant to the CAO; COMMANDER KATHLEEN MCCLINCY, Police Department. PRESS Oscar Halpert, Renton Reporter SPECIAL PRESENTATION Regional Issues: Diazinon Ban by Environmental Protection Agency (EPA) Linda Knight, Solid Waste Coordinator, reported that the Environmental Protection Agency (EPA) is proposing to phase out and eliminate certain uses of diazinon, including residential lawn and indoor uses. Diazinon is mainly used for the treatment of lawns and gardens, and it is used indoors for the treatment of cracks and crevices. Ms. Knight noted that according to the EPA’s proposal, diazinon would continue to be sold through the end of 2004. Ms. Knight stated that the City’s Solid Waste Utility Division has been educating citizens about alternative landscape management techniques and strategies such as Integrated Pest Management (IPM). She detailed the five basic tenets of IPM, which are as follows: Prevention – build healthy soil; choose plants that are pest and disease resistant; and properly care for plants. Monitoring – make observations to determine weed growth and to determine the need for fertilizers. Tolerance – establish a tolerance level for pests. Treatment – choose the least toxic pest control methods first. Evaluate – evaluate what works and what does not. Responding to Council inquiry regarding informing citizens about the use of diazinon, Ms. Knight explained that the Local Hazardous Waste Management Program produces a brochure that addresses diazinon use, and the City conducts periodic post card mailings that addresses IPM. She pointed out that there is a great deal of information about this topic available on the internet, adding that the Local Hazardous Waste Management Program’s web site is an especially good resource. MOVED BY PARKER, SECONDED BY CLAWSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE RESOLUTION REGARDING THIS MATTER. CARRIED. Responding to Council inquiry regarding informing citizens about the use of diazinon, Ms. Knight explained that the Local Hazardous Waste Management Program produces a brochure that addresses diazinon use, and the City conducts periodic post card mailings that addresses IPM. She pointed out that there is a great deal of information about this topic available on the internet, adding that the Local Hazardous Waste Management Program’s web site is an especially good resource. MOVED BY PARKER, SECONDED BY CLAWSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE RESOLUTION REGARDING THIS MATTER. CARRIED. Resolution #3493 Regional Issues: Diazinon Ban by Environmental Protection Agency (EPA) A resolution was read authorizing the Mayor to sign a letter addressed to the Environmental Protection Agency (EPA) that urges their reconsideration of the timeline established to ban diazinon. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Jim Shepherd, Community Services Administrator, stated that the banning of diazinon will have no effect on the City’s landscaped areas since the City has not used diazinon in five years. Expressing his concern regarding the banning of additional chemicals, he stressed the importance of retaining the use of some chemicals and assured that the City applies chemicals properly and only when needed. 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 2001 and beyond. Items noted included: A new pass card system has been installed at the Community Center. Pass card users swipe their card when entering the facility for an activity. This allows for more accurate attendance counts and eliminates participants using expired cards. Over 150 parents, athletes, coaches, and volunteers attended the annual Special Populations winter sports banquet held at the Senior Center on Thursday, March 22nd. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Minutes of March 19, 2001 Approval of Council minutes of March 19, 2001. Council concur. Vacation: Whitworth Ave S between S 4th St & Parallel Alley, St. Anthony Church (VAC-00-003) City Clerk submitted petition for street vacation for portion of Whitworth Ave. S. between S. 4th St. and parallel alley to the north; petition received on 6/26/2000 from Gregory McNabb representing St. Anthony’s Church (VAC-00-003), accompanied by required filing fee. Refer to Public Works Department; set public hearing on 4/23/2001 to consider the petition. (See page 96 for resolution.) Community Services: Estate of Charles L. Custer, Renton Memorial Park Fund Beneficiary Agreements Community Services Department recommended approval of the Non-Judicial Dispute Resolution Agreement and the Donor Advised Fund Agreement to aid in the settlement of the estate of Charles L. Custer of which the Renton Memorial Park Fund is one of five beneficiaries. Council concur. Plat: Renton Place Division III, Maple Ave NW & Lind Ave NW (PP-00-047) Hearing Examiner recommended approval, with conditions, of the Renton Place Division III Preliminary Plat; 11 single-family lots on 1.49 acres located between Maple Ave. NW and Lind Ave. NW, north of the vacated NW 3rd St. (PP-00-047). Council concur. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Committee of the Whole Council: Filling Council Vacancies Policy Council President Clawson presented a report regarding the policy on filling council vacancies. Prior State law regarding the filling of City Council vacancies provided that the Mayor had the authority to fill a council vacancy if the Council could not agree within 30 days of the occurrence of a vacancy. The current law provides that if a governing body fails to appoint a qualified person to fill a vacancy within 90 days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority will have the authority to fill the vacancy. The Council has decided to amend Policy and Procedure 800-10 to reflect the provisions of the current law. Paragraph 6.3.4 will be amended to read as follows: “If the Council does not elect a new councilmember within 90 days of the declared vacancy, an impasse will be declared. The Council President will submit a request to the King County Council that it appoint a qualified person to fill the vacancy. The names of the nominees considered by the Council will be sent to the King County Council.” Paragraphs 6.2.3 and 6.3 shall be amended as recommended by the city attorney’s office. Paragraph 6.3.2.3 will be deleted. A new paragraph, 6.3.5, will be added, as recommended by the city attorney’s office. Paragraph 6.1.2 shall be amended to provide additional time for announcements. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. OLD BUSINESS Committee of the Whole Council: Filling Council Vacancies Policy Council President Clawson presented a report regarding the policy on filling council vacancies. Prior State law regarding the filling of City Council vacancies provided that the Mayor had the authority to fill a council vacancy if the Council could not agree within 30 days of the occurrence of a vacancy. The current law provides that if a governing body fails to appoint a qualified person to fill a vacancy within 90 days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority will have the authority to fill the vacancy. The Council has decided to amend Policy and Procedure 800-10 to reflect the provisions of the current law. Paragraph 6.3.4 will be amended to read as follows: “If the Council does not elect a new councilmember within 90 days of the declared vacancy, an impasse will be declared. The Council President will submit a request to the King County Council that it appoint a qualified person to fill the vacancy. The names of the nominees considered by the Council will be sent to the King County Council.” Paragraphs 6.2.3 and 6.3 shall be amended as recommended by the city attorney’s office. Paragraph 6.3.2.3 will be deleted. A new paragraph, 6.3.5, will be added, as recommended by the city attorney’s office. Paragraph 6.1.2 shall be amended to provide additional time for announcements. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Community Services: 200 Mill Bldg Lease (4th Floor), Data Depth, Inc Finance Committee Chair Parker presented a report recommending that the Mayor and City Clerk be authorized to sign a lease with Data Depth, Inc. to lease a portion of the fourth floor in the 200 Mill Building. The lease commences on April 1, 2001, with a one-year term. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 190964 - 191420, and two wire transfers totaling $2,351,644.28; and approval of Payroll Vouchers 30552 - 30779 and 536 direct deposits totaling $1,019,793.41. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Airport: South Cove Ventures Sublease to Seattle World Cruiser Foundation Transportation (Aviation) Committee Chair Persson presented a report recommending that the City Council authorize the sublease between South Cove Ventures and the Seattle World Cruiser Foundation, such sublease having been specifically exempted from the moratorium on leases, subleases, and operating permits by Resolution 3487. The Committee recommended that the City Council approve the operating permit between the City of Renton and the Seattle World Cruiser Foundation, such operating permit having also been specifically exempted from the moratorium on leases, subleases, and operating permits by Resolution 3487. The Committee recommended that City Council authorize the Mayor and City Clerk to execute the operating permit between the City of Renton and the Seattle World Cruiser Foundation. MOVED BY PERSSON, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. WSDOT: I-405 Corridor Program, Use of BNR Right-of-Ways for Rapid Transit Councilman Persson expressed his concerns regarding the Washington Department of Transportation’s (WSDOT) decision to reserve the Burlington Northern Railroad right-of-way for future rapid transit as part of the I-405 Corridor Program. Council discussion ensued regarding the reasons why WSDOT may have made the decision and the potential effects of the decision. Mayor Tanner expressed his opposition to using Burlington Northern Railroad right-of-ways for this purpose. Councilmembers Persson and Corman also expressed their opposition, and it was MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE MATTER REGARDING RESERVING THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY FOR FUTURE RAPID TRANSIT TO THE TRANSPORTATION COMMITTEE. CARRIED. WSDOT: I-405 Corridor Program, Use of BNR Right-of-Ways for Rapid Transit Councilman Persson expressed his concerns regarding the Washington Department of Transportation’s (WSDOT) decision to reserve the Burlington Northern Railroad right-of-way for future rapid transit as part of the I-405 Corridor Program. Council discussion ensued regarding the reasons why WSDOT may have made the decision and the potential effects of the decision. Mayor Tanner expressed his opposition to using Burlington Northern Railroad right-of-ways for this purpose. Councilmembers Persson and Corman also expressed their opposition, and it was MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE MATTER REGARDING RESERVING THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY FOR FUTURE RAPID TRANSIT TO THE TRANSPORTATION COMMITTEE. CARRIED. Community Services Committee Appointment: Municipal Arts Commission Community Services Committee Chair Nelson presented a report recommending concurrence in the Mayor’s appointment of Dong Wang to the Human Rights and Affairs Commission for a two-year term beginning 4/25/2001 and expiring 4/25/2003. Ms. Wang replaces Thelma Rowlette who opted not to serve another term. MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment: Human Rights and Affairs Commission Community Services Committee Chair Nelson presented a report recommending concurrence in the Mayor’s appointment of Paul Webb to the Municipal Arts Commission to fill an unexpired term vacated by Catherine Mosher, on 12/31/2001. MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND RESOLUTIONS The following resolutions were presented for reading and adoption: Resolution #3494 Vacation: Whitworth Ave S between S 4th St & Parallel Alley, St. Anthony Church (VAC-00-003) A resolution was read setting a hearing date on April 23, 2001, to vacate a portion of Whitworth Ave. S. between S. 4th St. and the parallel alley north. (St. Anthony’s Church; VAC-00-003). MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3495 Airport: Advisory Committee A resolution was read authorizing the establishment of an Airport Advisory Committee as a standing committee of the City of Renton Transportation Committee of the City Council and specifying the organizations from which representatives will be drawn. MOVED BY PERSSON, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 26 MINUTES TO DISCUSS LITIGATION AND POTENTIAL LITIGATION. CARRIED. Time: 8:28 p.m. The meeting was reconvened at 8:54 p.m.; roll was called; all Councilmembers present except Briere and Keolker-Wheeler, previously excused. ADJOURNMENT MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 8:54 p.m. Marilyn Petersen, CMC, City Clerk Recorder: Michele Neumann March 26, 2001