Loading...
HomeMy WebLinkAbout12-15-03 RENTON CITY COUNCIL Regular Meeting December 15, 2003 Council Chambers Monday, 7:30 p.m. M I N U T E S Renton City Hall 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 KATHY KEOLKER-WHEELER, Council President; DAN CLAWSON; TONI NELSON; RANDY CORMAN; DON PERSSON; KING PARKER; TERRI BRIERE. CITY STAFF IN ATTENDANCE JESSE TANNER, Mayor; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; NEIL WATTS, Development Services Director; SANDRA MEYER, Transportation Systems Director; MIKE WEBBY, Human Resources Administrator; CLARK PETERSEN, Library Director; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; MARK SANTOS-JOHNSON, Economic Development Specialist; DEREK TODD, Assistant to the CAO; COMMANDER CHARLES MARSALISI, Police Department. SPECIAL PRESENTATION City Clerk: Lobby Information Desk Volunteers Recognition City Clerk Bonnie Walton recognized the City Hall lobby volunteers who staff the front desk and provide assistance and information to City Hall visitors and callers. Noting they answer innumerable questions on a daily basis, she expressed her appreciation for their generous contributions of time and dedicated service. The volunteers and the total hours of service given are as follows: Helenanne Botham, 1,903.5 hours; Mary Breda, 8,137.5 hours; Jean Delaurenti, 1,570.5 hours; Ethel Eastman, alternate, 369 hours; Melanie Gain, 1,449 hours; Ann Grinolds, 6,139.5 hours; Delores Mead, 742.5 hours; Florence Morris, 1,053 hours; Bert Nord, 3,991.5 hours; and Donna Struck, 630 hours. Additionally, Ms. Walton thanked Deputy City Clerk Michele Neumann for her work with Council meetings, and the videographers who film the Council meetings, which are cablecast on Renton's government access cable television channel 21. PUBLIC MEETING Annexation: Anderson, 148th Ave SE & SE 120th St 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 the proposed Anderson 10% Notice of Intent to Annex Petition for approximately 19.75 acres, including the abutting 148th Ave. SE right-of-way, located east of 148th Ave. SE and south of SE 120th St., abutting the Urban Growth Area boundary on its north side. Don Erickson, Senior Planner, stated that the site is within the East Renton Plateau Potential Annexation Area and contains 14 single-family dwelling units. The topography is essentially flat, with a wetland located in the southwest corner of the site. Reviewing the public services, he noted that the site is served by Water District #90; that roadway and stormwater improvements are likely; and fire service, currently supplied by Fire District #10, will convert to the City of Renton upon annexation. Mr. Erickson explained that existing King County zoning is R-4 (Residential - four dwelling units per gross acre). Renton's Comprehensive Plan designates the site as Residential Low Density, for which R-4 (Residential - four dwelling units per net acre) zoning is proposed. Regarding the fiscal impact of the proposed annexation, he reported that the City will realize a surplus of $44,018 December 15, 2003 Renton City Council Minutes Page 465 at full development, assuming an increase to 59 single-family homes and an assessed home valuation of $300,000. He also noted the one-time estimated expense of $63,000 for the acquisition and development of parks. Mr. Erickson concluded by stating that the proposed annexation will further City business goals, is consistent with City policies for annexation, and meets Boundary Review Board objectives. Public comment was invited. Keith and Kristine Childs, 12004 148th Ave. SE, 98059, objected to the annexation of their property to the City of Renton for the following reasons: the costs associated with hooking-up to Renton's sewer service, paying for unwanted City amenities such as libraries and parks, and the increase in density. Jon Newman, 8070 Langston Rd. S., Seattle, 98178, stated that his family owns 1.93 acres in the proposed annexation area, and expressed his support for the annexation. There being no further public comment, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL: ACCEPT THE 10% NOTICE OF INTENT TO ANNEX PETITION, AUTHORIZE CIRCULATION OF THE 50% PETITION TO ANNEX, REQUIRE THE ADOPTION OF CITY ZONING ON THE PROPERTY CONSISTENT WITH THE COMPREHENSIVE PLAN, AND REQUIRE THAT PROPERTY OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS. CARRIED. PUBLIC HEARING Planning: Multi-Family Property Tax Exemption 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 designation of residential targeted areas for Washington State's multi-family property tax exemption provided for under RCW (Revised Code of Washington) 84.14. Mark Santos-Johnson, Economic Development Specialist, explained that utilizing Washington State's property tax exemption means eligible multi-family housing projects such as apartments or condominiums would be able to receive a partial property tax exemption for up to ten years as an added financial incentive for developers to create multi-family housing projects. The tax exemption applies to the value of qualified new housing construction after completion, but does not apply to the value of the land, any existing improvements, or any non-housing related improvements. Mr. Santos-Johnson stated that the tax exemption also applies to all levels of the ad valorem property tax, including city, county, state, and local taxing districts; and for projects in Renton, this amounts to $11.10 per $1,000 of assessed value for 2003. He added that the value of the property tax exemption will vary greatly depending on the nature, quality, and costs of each multi-family housing project. Mr. Santos-Johnson reviewed the proposed residential targeted areas for the tax exemption as follows: • The Center Downtown (CD), Residential Multi-Family Urban Center (RM- U), and Residential Multi-Family Traditional (RM-T) zones in the Center Downtown Comprehensive Plan designation; • The Urban Center-North District 1 (UC-N 1) zone in the Urban Center- North Comprehensive Plan designation; and December 15, 2003 Renton City Council Minutes Page 466 • The Center Suburban (CS), Residential Multi-Family Suburban Center (RM-C), and Residential - ten dwelling units per acre (R-10) zones in the Center Village Comprehensive Plan designations. Continuing, Mr. Santos-Johnson explained that eligible projects must be located in designated targeted areas; must be new construction rental or owner-occupied multi-family housing with four or more housing units in each building; must have a minimum number of housing units (minimum of 10 units in lower density zones and minimum of 30 units in higher density zones); must be mixed-used if located in the CD or UC-N 1 zones, or in the CS zone within the Center Village Comprehensive Plan designation; and must comply with urban center overlay design standards and guidelines. Mr. Santos-Johnson described the process applicants must undergo to receive the property tax exemption, and he reviewed the proposed application fees. In conclusion, he recommended Council adopt the designated residential targeted areas for the proposed property tax exemption for eligible multi-family housing projects, noting that the proposed ordinance includes a provision that projects will not be accepted after 12/31/2006 unless otherwise extended by the City Council. In response to Councilman Clawson's inquiry, Mr. Santos-Johnson confirmed that if an applicant's project resides in a targeted area and meets the eligibility requirements, the applicant is entitled to the property tax exemption. He noted that the Economic Development Administrator is responsible for overseeing the application process, and Council reviews and has final say for each project. Councilmembers Clawson, Briere, and Corman expressed their support for the tax exemption, noting that it will aid in drawing more people to live in the downtown area, encourage new construction, and benefit the contractors. Responding to Council comments, Economic Development, Neighborhoods and Strategic Planning Administrator Alex Pietsch pointed out that several multi- family housing projects in the downtown area have been proposed, but for various reasons have not moved forward. He indicated that the property tax exemption may stimulate those projects. In response to Council President Keolker-Wheeler's inquiry regarding assessing tax on mixed-use projects, Mr. Santos-Johnson explained that for the final application, applicants are required to submit a variety of reports including a break down of their costs to separate the difference between qualified housing improvements and non-housing or mixed-use commercial uses. King County would use that information for determining the value of the exempted property. Public comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 470 for Planning & Development Committee report.) ADMINISTRATIVE REPORT Derek Todd, Assistant to the Chief Administrative Officer, reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2003 and beyond. Items noted included: ” In 2003, City of Renton employees collected food for and donated over $13,000 to the Salvation Army Renton Food Bank, gave almost $30,000 December 15, 2003 Renton City Council Minutes Page 467 through the United Way Giving Campaign, and raised over $10,000 for the Salvation Army Renton Emergency Assistance Program. Employees also serve as mentors, participate in service clubs, donate blood, and volunteer in many other capacities. ” Three special dedication ceremonies will take place over the next week. The Henry Moses Aquatic Center will be dedicated on December 17, Fire Station #12 will be dedicated on December 18, and the Pavilion Building will be dedicated on December 22. AUDIENCE COMMENT Citizen Comment: Miller - Landscape Maintenance Services Contract Pat Miller, President of Renton Employees Local 2170, 19205 79th St. Pl. E., Bonney Lake, 98390, pointed out that the landscape maintenance services contract (CAG-01-042) for various City sites such as rights-of-way and traffic circles expires on December 31, 2003. Mr. Miller stated that the Local 2170 membership is capable of performing the landscaping work, and he asked that this issue be placed on the Community Services Committee agenda for discussion. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Keolker-Wheeler, item 8.c. was removed for separate consideration. Council Meeting Minutes of December 8, 2003 Approval of Council meeting minutes of December 8, 2003. Council concur. Planning: Airport Compatible Land Use & UC-N Designation, CTED Grant Economic Development, Neighborhoods and Strategic Planning Department recommended approval of an agreement with Washington State Department of Community, Trade and Economic Development (CTED) for a $45,000 grant to complete the Airport Compatible Land Use Program and to implement the Urban Center-North (UC-N) Comprehensive Plan designation. Council concur. (See page 470 for resolution.) Zoning: 2003 Annual Update of Zoning Book & Wall Map Economic Development, Neighborhoods and Strategic Planning Department recommended approval of the 2003 annual update to the City's Zoning Book and Wall Map. Council concur. (See page 471 for ordinance.) Utility: Wetland Mitigation Bank Site Fence Project, Fund Transfer Surface Water Utility Division recommended approval to transfer $30,000 from the completed Morris Ave. S. Storm Improvement Project account to the Wetland Mitigation Bank Site Fence Project account to provide sufficient funding for the project construction. Council concur. CAG: 03-069, 2003 Overlay, Lakeside Industries Transportation Systems Division submitted CAG-03-069, 2003 Overlay; and requested approval of the project, authorization for final pay estimate in the amount of $104,016, commencement of 60-day lien period, and release of retainage bond to Lakeside Industries, contractor, if all required releases are obtained. Council concur. Utility: Soos Creek Water & Sewer District Boundary Agreement Addendum Utility Systems Division recommended approval of an addendum to the sanitary sewer and water service area boundary agreement with Soos Creek Water and Sewer District. Refer to Utilities Committee. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.c. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Item 8.c. Planning: Primary Use Surface Parking Lots Development Economic Development, Neighborhoods and Strategic Planning Department recommended adoption of a resolution that declares a six-month moratorium on the development of primary use surface parking lots, including commercial lots, park and ride lots, and lots serving transit facilities; and sets a public hearing December 15, 2003 Renton City Council Minutes Page 468 Moratorium date of 1/12/2004. At the request of Council President Keolker-Wheeler, Economic Development, Neighborhoods and Strategic Planning Administrator Alex Pietsch gave a briefing on the proposed moratorium. He noted that City staff has discussed, with no result, the leasing of parking spaces at the new City Center Parking garage for commuters with Sound Transit and King County Metro. Additionally, he noted that the now-closed K-Mart parking lot on Rainier Ave. S. is being used as a park and ride until McLendon Hardware commences construction of its new store on that same site. With this in mind, Mr. Pietsch explained that King County is now seeking permits for a new surface parking park and ride facility on property located adjacent to Fred Meyer along Rainier Ave. S. Upon review of City Code, it was found that although transit center and surface parking as a primary use is defined in City Code, a park and ride facility as a use is not defined. Mr. Pietsch emphasized that the use of surface parking lots on commercially viable land in the business core is an inefficient land use, and he noted the importance of the location and design of such lots. Therefore, staff needs time to review policies and criteria, and to prepare and present proposed changes to the Comprehensive Plan and zoning. Reporting that City staff met with King County staff today to discuss the use of the City Center Parking garage, Mr. Pietsch indicated that they seemed interested, but made no promises. Meanwhile, King County is in due diligence to buy the property from Fred Meyer. In conclusion, Mr. Pietsch stated that a moratorium is needed to give the City time to review policies and criteria, and time to continue discussions with King County regarding the use the City's parking garage. Reporting that she attended the meeting with King County, Transportation Systems Director Sandra Meyer stated that King County seemed responsive, and she believed an agreement may be possible. In response to Councilman Clawson's inquiry regarding the park and ride spaces at Metropolitan Place, Ms. Meyer stated that King County leases 150 spaces, and reports that 30 to 50 spaces are not being used at this time. Mayor Tanner noted that when commuters are unable to use the old K-Mart parking lot, there will be a demand for more parking spaces. Ms. Meyer added that King County will encounter a shortage of 80 to 85 spaces when the parking lot is closed. Councilman Corman stated his support for the moratorium, as it would allow time for further discussions with King County about the City Center Parking garage. Councilman Persson also expressed his support for the moratorium, noting that current zoning allows surface parking lots in prime commercial locations. Mr. Pietsch explained that the moratorium only applies to all primary use surface parking lots throughout the City, and does not apply to accessory parking lots developed as part of permits for other land use activities. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE CONSENT AGENDA ITEM 8.c. AS PRESENTED. CARRIED. (See page 470 for resolution.) OLD BUSINESS Committee of the Whole Council President Keolker-Wheeler presented a Committee of the Whole report regarding Council's 2004 legislative priorities. The Committee met on December 15, 2003 Renton City Council Minutes Page 469 Legislature: 2004 Council Legislative Priorities December 15 and concurs with the following basic legislative premises: support for flexibility and control by local governments, and opposition to unfunded mandates and/or imposition of new or increased fees on municipal services to fund state regulatory activities. Specific priorities for the 2004 legislative session include: Municipal Finance, Transportation Funding, Economic Development Tools, Annexation Reform, Protection of Water Rights, Growth Management Act, Law and Justice, Liability Reform, Gambling Activities, Parks, Affordable Housing, and Social and Human Services. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Annexation: Bales, SE 128th St Council President Keolker-Wheeler presented a Committee of the Whole report regarding the Bales Annexation zoning. The Committee recommended that Council adopt R-1 (Residential - one dwelling unit per acre) zoning under the Residential Low Density Comprehensive Plan land use designation. This recommendation is based upon the City Attorney's letter of September 26, 2003, in which he opines that since the R-5 (Residential - five dwelling units per acre) zoning regulation was rejected by the electorate at the September 16, 2003, Special Election, it can no longer be considered as part of the same annexation. If the property owners desire consideration of R-5 zoning after the subject properties are annexed into the City, they can request such a zoning change through the Hearing Examiner. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Committee EDNSP: Regional Affordable Housing Program (SHB 2060) Funds), King County Community Services Committee Chair Nelson presented a report concurring with the staff recommendation to adopt a resolution authorizing the Mayor and City Clerk to sign the interlocal agreement with King County for the Regional Affordable Housing Program. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 470 for resolution.) Committee on Committees Council: 2004 Committee Assignments Councilman Persson presented a Committee on Committees report recommending the following Council committee chairmanships and committee assignments for 2004: Community Services Committee: Toni Nelson, Chair; Marcie Palmer, Vice Chair; Randy Corman, Member. Finance Committee: Randy Corman, Chair; Denis Law, Vice Chair; Toni Nelson, Member. Planning and Development Committee: Terri Briere, Chair; Dan Clawson, Vice Chair; Denis Law, Member. Public Safety Committee: Denis Law, Chair; Toni Nelson, Vice Chair; Dan Clawson, Member. Transportation (Aviation) Committee: Marcie Palmer, Chair; Randy Corman, Vice Chair; Terri Briere, Member. Utilities Committee: Dan Clawson, Chair; Terri Briere, Vice Chair; Marcie Palmer, Member. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 221648 - 222156 and two wire transfers totaling December 15, 2003 Renton City Council Minutes Page 470 $3,882,436.65; and approval of Payroll Vouchers 47838 - 48179, one wire transfer and 573 direct deposits totaling $1,888,261.51. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Corman expressed his appreciation for Councilman Parker's work on the Finance Committee, which he has chaired for the past five years. Planning & Development Committee Planning: Multi-Family Property Tax Exemption Planning and Development Committee Chair Briere presented a report recommending concurrence in the recommendation of staff that Council adopt an ordinance to establish the property tax exemption for multi-family housing in residential targeted areas in the Urban Center-North, Center Downtown, and Center Village Comprehensive Plan designation areas. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 471 for ordinance.) ORDINANCES AND RESOLUTIONS The following resolutions were presented for reading and adoption: Resolution #3676 Planning: Airport Compatible Land Use & UC-N Designation, CTED Grant A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative agreement with the Washington State Department of Community, Trade and Economic Development for managing a $45,000 grant to complete the Airport Compatible Land Use Program and the development standards for implementation of the Urban Center-North mixed use development Comprehensive Plan amendments. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3677 Planning: Primary Use Surface Parking Lots Development Moratorium A resolution was read declaring a moratorium on the development of surface parking lots as a primary use, establishing a public hearing date of 1/12/2004, and establishing a termination date for the moratorium of 6/15/2004. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3678 EDNSP: Regional Affordable Housing Program (SHB 2060) Funds), King County A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative agreement with King County regarding the distribution of funds under the Regional Affordable Housing Program. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 12/22/2003 for second and final reading: Zoning: 2003 Annual Update of Zoning Book & Wall Map An ordinance was read adopting the 2003 amendments to the zoning classifications of properties located within the City of Renton. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. Planning: Multi-Family Property Tax Exemption An ordinance was read amending Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of City Code to establish a property tax exemption incentive for the development of multi-family housing in targeted areas. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. December 15, 2003 Renton City Council Minutes Page 471 Development Services: Real Estate Sign Code Amendments An ordinance was read amending Chapter 1, Administration and Enforcement; Chapter 4, Citywide Property Development Standards; and Chapter 11, Definitions; of Title IV (Development Regulations) of City Code regarding real estate signs. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. Planning: Downtown Core Off-Street Parking Requirements An ordinance was read amending Section 4-4-080, of Chapter 4, Citywide Property Development Standards, of Title IV (Development Regulations) of City Code by creating parking standards for development in the downtown core. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance #5049 Budget: 2003 Year-End Adjustments An ordinance was read providing for the 2003 year-end Budget adjustments in the total amount of $9,176,407. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5050 Budget: 2004 Annual City of Renton An ordinance was read adopting the annual City of Renton Budget for the year 2004 in the total amount of $146,500,500. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5051 Community Services: Athletic Field Light Fees An ordinance was read increasing the 2004 athletic field light fees. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5052 Community Services: Gene Coulon Park Boat Launch Fees An ordinance was read increasing the 2004 boat launch fees at Gene Coulon Memorial Beach Park. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5053 Community Services: Henry Moses Aquatic Center Fees An ordinance was read amending Chapter 5-1, Fee Schedule, of Title V (Finance and Business Regulations) of City Code by setting the admission fees for the Henry Moses Aquatic Center. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5054 Community Services: Community Center Fees An ordinance was read increasing the 2004 Renton Community Center damage deposit and after hours fees. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5055 Community Services: Gene Coulon Park Picnic Shelter Fees An ordinance was read increasing the 2004 picnic shelter fees at Gene Coulon Memorial Beach Park. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5056 Finance: Insurance Healthcare Fund An ordinance was read creating a new fund entitled "Insurance Healthcare Fund" for the year 2004. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AS READ. December 15, 2003 Renton City Council Minutes Page 472 ROLL CALL: ALL AYES. CARRIED. Ordinance #5057 Rezone: Dalpay Property, NE 12th St, R-8 to CN (R-02-139) An ordinance was read changing the zoning classification of property consisting of 2.32 acres located on the 3800 and 3900 blocks of NE 12th St. beginning 126 feet north of the public right-of-way from Residential - eight dwelling units per acre (R-8) to Center Neighborhood (CN) zoning; R-02-139 (Dalpay et al). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5058 Rezone: Dalpay Property, NE 12th St, R-8 to R-10 (R-02- 139) An ordinance was read changing the zoning classification of property consisting of 1.16 acres located on the 3800 and 3900 blocks of NE 12th St. extending as far as 126 feet north of the public right-of-way from Residential - eight dwelling units per acre (R-8) to Residential - ten dwelling units per acre (R-10) zoning; R-02-139 (Dalpay et al). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5059 Rezone: Merlino Property, SW Sunset Blvd, RM-I to R-10 (R- 01-164) An ordinance was read changing the zoning classification of property consisting of 25.68 acres immediately east of the Sunset View Apartments and south of SW Sunset Blvd. and north of the Burlington Northern Santa Fe Railroad right- of-way from Residential Multi-Family - Infill (RM-I) to Residential - ten dwelling units per acre (R-10) zoning; R-01-164 (Merlino - SR 900 LLC). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. EXECUTIVE SESSION AND ADJOURNMENT MOVED BY KEOLKER-WHEELER, SECONDED BY PERSSON, 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: 9:01 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:15 p.m. Bonnie I. Walton, City Clerk Recorder: Michele Neumann December 15, 2003