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HomeMy WebLinkAbout05-10-04 RENTON CITY COUNCIL Regular Meeting May 10, 2004 Council Chambers Monday, 7:30 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Pro Tem Don Persson led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF COUNCILMEMBERS DON PERSSON, Mayor Pro Tem; RANDY CORMAN; TONI NELSON; DENIS LAW; TERRI BRIERE, Council President Pro Tem; MARCIE PALMER. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER DAN CLAWSON. CARRIED. CITY STAFF IN ATTENDANCE JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; LESLIE BETLACH, Parks Director; CHIEF LEE WHEELER, DEPUTY CHIEF LARRY RUDE, and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER, Fire Department; DEREK TODD, Assistant to the CAO; COMMANDER TIM TROXEL, Police Department. SPECIAL PRESENTATION Human Services: Business Committed to Kids Award Jay Leviton, Director of the Renton School District's Career & Life Skills Education program, reported that King & Bunnys Appliances is the latest recipient of the Business Committed to Kids award, given on behalf of the Renton School District, City of Renton, Chamber of Commerce, Renton Education Association, and Communities in Schools of Renton as a way to recognize outstanding businesses that support youth in the community. Mr. Leviton stated that King & Bunnys is a strong supporter of the Renton community and makes numerous donations both in resources and time. King Parker accepted the award with appreciation. He introduced King & Bunny's team members, and stated that without them, anything done within the business would not be possible. PUBLIC HEARING Annexation: Carlo, 136th Ave SE & 140th Ave SE This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Pro Tem Persson opened the public hearing to consider the proposed annexation and R-8 prezoning of 37 acres, including the abutting street right-of-way, located between 136th Ave. SE on the west, 140th Ave. SE on the east, City limits and SE 132nd St. on the north, and SE 135th St., if extended on the south (Carlo Annexation). Senior Planner Don Erickson reported that the King County Boundary Review Board approved the annexation on 4/09/2004, and this is the second of two required public hearings on the matter. He noted that the site is immediately east of the proposed Tydico Annexation area, which is pending until the existing legal non-conforming use on that area is abandoned. Mr. Erickson explained that the subject site currently contains 18 single-family dwellings, and is basically flat except for a slope on the southwest corner. Maplewood Creek also traverses the southwest corner, and an existing wetland near 138th Ave. SW spills over onto the northwest corner of the site. Reviewing the public services, Mr. Erickson indicated that Fire District #25, Renton water and sewer, and the Renton School District serve the site. He stated that current King County zoning is R-4 (four dwelling units per gross acre); and Renton's Comprehensive Plan designates the area as Residential May 10, 2004 Renton City Council Minutes Page 149 Single Family, for which R-8 (eight dwelling units per net acre) zoning is proposed. The fiscal impact analysis revealed a deficit of $2,454 at current development and a surplus of $4,727 at full development, assuming a potential of 209 single-family homes and an assessed home value of $290,000. He also noted the estimated one-time parks acquisition and development cost of $111,182.16. In conclusion, Mr. Erickson said the proposed annexation serves the best interests and general welfare of the City, furthers City business goals, and the proposed R-8 zoning is consistent with City policies for single-family rezones. Noting that there is some potential flooding in the area, he suggested mitigation with future development. Public comment was invited. Shirley Milligan, 110 Bremerton Pl. NE, Renton, 98059, stated that her property is located adjacent to the annexation site. She questioned whether there are any plans for greenbelts to separate current properties from future development, and asked what traffic measures are planned when Bremerton Pl. NE, currently a dead-end street, is opened up to access the area. Economic Development Administrator Alex Pietsch explained that annexations are exempt from SEPA (State Environmental Policy Act) review, and issues regarding future development are not addressed during this process. Russell Berg, 14017 SE 139th St., Renton, 98059, reported that 138th Ave. SE is a narrow, two-lane road with open drainage ditches on each side and poor sight distance. Pointing out that this road will provide a majority of the access for any future development, Mr. Berg inquired as to what improvements will be made to 138th Ave. SE so it can handle the additional traffic. Mayor Pro Tem Persson stated that mitigation will be addressed when the development proposal comes forth. Lois Lindberg, 13836 SE 131st St., Renton, 98059, submitted a letter which was read into the record. The letter stated that Mr. and Ms. Lindberg own five properties within the annexation area, and they are opposed to the zoning change for the following reasons: the rural setting will be destroyed; traffic congestion will increase even more; and significant utilities upgrades will run right past their property and require payment. Mr. Persson indicated that the developer incurs the cost of upgrading the roads, the sewer, and the water to the development. The City does not require property owners to connect to the sewer; however, it is available if needed. Lily Bishai Treadwell, 14005 SE 133rd St., Renton, 98059, stated that her property is located just outside the eastern boundary of the annexation site. She reported that six or seven years ago, the water table came up so high that her drain field, and her neighbor's, stopped working and she had to move out of her home for six weeks. Noting that King County installed pipes to help drain that area, she stated that this is not a permanent solution, and the possibility of more flooding due to an increase in development is of great concern to her and her neighbors. Ms. Treadwell asked how much it will cost to hook-up to the City's sewer. Planning/Building/Public Works Administrator Gregg Zimmerman explained that when a developer installs a sewer line, the adjacent property owners are not required to participate in the cost of that sewer or required to hook-up unless they choose to do so. Mr. Zimmerman reviewed the variables in determining May 10, 2004 Renton City Council Minutes Page 150 the cost of an individual property owner hook-up to the sewer in the case of a latecomer agreement, and estimated that the cost may range from $3,000 to $10,000. There being no further public comment, it was MOVED BY LAW, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADOPT THE CARLO ANNEXATION ORDINANCE, ADOPT THE ORDINANCE REPLACING KING COUNTY R-4 ZONING WITH RENTON R-8 ZONING, AND HOLD FIRST READING OF BOTH ORDINANCES THIS EVENING. CARRIED. (See page 154 for ordinances.) APPEAL Planning & Development Committee Appeal: Maple Valley Hwy Card Room, RaMac Inc, LUA- 04-013 Planning and Development Committee Chair Briere presented a report on the RaMac, Inc. appeal regarding 2217 Maple Valley Hwy. as a card room (File No. LUA-04-013). The Committee met on 5/06/2004 to consider the appeal of RaMac, Inc. This was an appeal of the Hearing Examiner's decision dated 1/19/2004. There was a motion to the Hearing Examiner asking for reconsideration of his decision. Said motion was filed on 2/02/2004. That motion was denied on 2/05/2004. A timely appeal was filed on 2/19/2004. The subject property is located at 2217 Maple Valley Hwy. The building at that location was previously used as a bingo hall for approximately 30 years. FINDINGS OF FACTS AND CONCLUSIONS OF LAW In the City Code, there are two gambling/gaming uses. Those are Card Rooms and Gaming/Gambling Facilities, not for profit (Zoning Table - City Code 4-2- 060J). Neither use is permitted in the COR (Center Office Residential) zone. The zoning for the subject parcel is COR. The prior use as a bingo hall was a legal non-conforming use. On 10/01/2003, the owner proposed a hypothetical question to the City, inquiring whether using the premises, formerly housing the bingo hall, as a casino would be a change in use. On 10/23/2003, the Development Services Division Director replied that it would be a change in use and, therefore, it would not be allowed as a continuation of the legal non-conforming use. The Hearing Examiner upheld this decision. Before the Committee, the Appellant argued that the use of the premises as a bingo hall is a use for gambling; the use of the hall as a casino is a use for gambling. Therefore, the Appellant argued that the uses were the same, and, therefore the Hearing Examiner committed error by finding that they were different and upholding the decision of the Director. The State legislature has a drawn distinction between bingo halls and card rooms. The Committee considered whether that distinction has anything to do with intensification of the use, a difference in the use, or a difference in the clientele who would avail themselves of the use. However, the Committee would not second-guess the legislature's intent in creating two classifications of gambling. Therefore, the Committee found that there was a difference in the use. Not only has the State legislature drawn a distinction between bingo halls and card rooms, so has the City. The City Code provisions are 4-11-070 defining a Gaming/Gambling Facilities, Not-For-Profit as a facility "operated by a not-for- profit entity where any type of gaming or gambling is the primary attraction." On the other hand, the City Code defines a Card Room as: "a use governed May 10, 2004 Renton City Council Minutes Page 151 pursuant to the provisions of Chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use." It was significant to the Committee that the bingo use is a primary attraction whereas the casino use must be ancillary to a permitted use. Therefore, the Committee concluded that the uses are different. Therefore, the Committee found there was no error of fact or law by the Hearing Examiner. The Committee recommended that the Council uphold the decision of the Hearing Examiner. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 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 2004 and beyond. Items noted included: ” The King County Superior Court made a preliminary ruling on the Rabanco lawsuit against King County regarding the $10 per ton increase in the regional direct disposal fees (the fee charged by King County for solid waste delivered directly to Cedar Hills Landfill). The judge ruled that King County may pass on the regional direct fee increase to Waste Management, but not to Rabanco. The Rabanco lawsuit is scheduled to go to trial in November, 2004. Since the fee increase will be applied to Waste Management, the Renton Transfer Station hours of operation change that had been put on hold when the lawsuit was filed will now be implemented. ” On May 11th, the Washington State Criminal Justice Training Commission will host Chief for a Day, a special celebration of life event for children who have been diagnosed with a chronic illness. Fifteen honorary Chiefs and Sheriffs will be transported by police motorcade to Olympia for the swearing-in ceremony by Governor Gary Locke. Renton is sponsoring 14- year-old Wayne Anthony Yarnell. AUDIENCE COMMENT Citizen Comment: Schultz - R-10 Zone Duplex Lot Size Requirements Nora Schultz, 2515 4th Ave., #1607, Seattle, 98121, stated that she wants to build a duplex on a 5,000 square foot lot located at 541 Wells Ave. N. She explained that the property is zoned R-10, and due to the overriding density requirement in the zone, this is not allowed per City Code. She noted that the R-10 Zone treats development of a subdivision differently than the non-plat development of a pre-existing lot. Emphasizing that duplexes are not uncommon in this area, Ms. Schultz asked that City Code be revised so she can develop her property. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE R-10 ZONE DUPLEX LOT SIZE REQUIREMENTS TO THE TITLE IV (DEVELOPMENT REGULATIONS) DOCKET FOR REVIEW. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of May 3, 2004 Approval of Council meeting minutes of May 3, 2004. Council concur. AJLS: Title III (Departments), City Code Revision Administrative, Judicial and Legal Services Department recommended approval of the revision to Title III (Departments) of City Code to correctly establish the current City departments, the Mayoral authority to appoint City officers, and the Council confirmation requirements. Refer to Committee of the Whole. Community Services: 2004 Community Services Department recommended approval of the 2004 interlocal May 10, 2004 Renton City Council Minutes Page 152 Waterfowl Management Interlocal Agreement agreement for waterfowl management (egg addling, lethal control, population monitoring and census), at a cost of $2,410. Council concur. (See page 154 for resolution.) Development Services: Wireless Communication Facilities, Voicestream Development Services Division recommended approval of a master use agreement with Voicestream PCS III Corporation to install wireless communication facilities within City of Renton right-of-way for local service. Refer to Transportation (Aviation) Committee. Planning: Development Regulations (Title IV) 2004 Docket Work Program Economic Development, Neighborhoods and Strategic Planning Department recommended approval to include eight text amendments in the 2004 Title IV (Development Regulations) docket work program. Refer to Planning and Development Committee. Planning: Urban Planning Consultant Roster, 2004-2005 Economic Development, Neighborhoods and Strategic Planning Department requested approval of the 2004-2005 consultant roster for urban planning which contains a list of 26 professional consultants. Council concur. Finance: Unfunded Positions Creation Finance and Information Services Department recommended adoption of an ordinance authorizing the creation of ten new unfunded positions in the budget for the purpose of adding staff to cover for long absences of regular full-time employees, or for the time required to train new employees. Refer to Finance Committee. Legal: RCW Numbers Update, Marijuana Possession & Criminal Impersonation Legal Division recommended adoption of an ordinance updating the statute (Revised Code of Washington) numbers for the crimes of possession of marijuana and criminal impersonation in the second degree. Council concur. (See page 155 for ordinance.) MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Finance Committee Finance: Springbrook Utility Billing System Upgrade, Bardsley Associates Finance Committee Chair Corman presented a report recommending concurrence in the staff recommendation to approve the consultant agreement with Bardsley Associates Inc. to facilitate and implement the upgrade of the Springbrook Utility System from version 5 to version 6 enhanced (6e). The Committee recommended that the Mayor and City Clerk be authorized to execute this consulting agreement. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Corman presented a report recommending approval of Claim Vouchers 226281 - 226662 and two wire transfers totaling $2,435,618.12; and approval of Payroll Vouchers 50305 - 50536, one wire transfer and 578 direct deposits totaling $1,789,484.34. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Committee of the Whole Planning: I-405 Context Sensitive Solutions Aesthetic Committees, Membership Council President Pro Tem Briere presented a Committee of the Whole report regarding the I-405 Context Sensitive Solutions Renton Advisory Committee. The Washington State Department of Transportation (WSDOT) asked the City to establish a local advisory task force and designate delegates to a regional committee that will assist WSDOT in the aesthetic design of the I-405 expansion project. WSDOT has described this discussion as Context Sensitive Solutions (CSS). The Committee recommended that Councilmember and May 10, 2004 Renton City Council Minutes Page 153 Transportation Committee Chair Marcie Palmer, and Economic Development, Neighborhoods and Strategic Planning Administrator Alex Pietsch, represent the City on the regional aesthetic committee. Council President Don Persson should serve as an alternate. Representation on the Renton I-405 Aesthetic Advisory Task Force should be made of citizens from affected neighborhoods, impacted business owners, the Chamber of Commerce, other interested business groups, and City staff. The Committee recommended that the following members be approved: Marcie Palmer, Renton Councilmember; Don Persson, Renton Councilmember; Kristin Craig, Kennydale Neighborhood; Mike O'Halloran, Highlands Neighborhood; Ruthie Larson, Renton Hill Neighborhood; Melinda Webb, North Renton Neighborhood; Toni Martin, Talbot Hill Neighborhood; Bob Moran, South Renton Neighborhood; Shaunta Hyde, The Boeing Company; Paul Moyes, PACCAR; Brad Lang, HAL; Mike Benoit, Flinn Properties; Erin Hamann, Spring Hill Suites by Marriott; Bernie Dochnahl, Greater Renton Chamber of Commerce; Nancy Hoben, Renton Municipal Arts Commission; Alex Pietsch, City of Renton Economic Development Administrator; Peter Renner, City of Renton Facilities Director; and Sandra Meyer, City of Renton Transportation Systems Director. The Committee further recommended that the Economic Development, Neighborhoods and Strategic Planning Department coordinate the task force in conjunction with the Transportation Division and WSDOT. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Committee Planning: Big-Box Retail Uses Design Guidelines Planning and Development Committee Chair Briere presented a report regarding design guidelines for big-box retail. The Committee met 5/06/2004 to consider a proposal to extend applicability of the current urban center overlay design guidelines to all big-box retail uses north and west of I-405. The Committee recommended that this proposal be processed pursuant to City Code 4-9-025C, exemption procedures, to the Title IV (Development Regulations) revision process. The Committee also recommended that the amendment be referred to the Planning Commission for recommendation on the big-box proposal and consideration of expanding the work program to include design guidelines for commercial uses throughout the City on the sub-area by sub-area basis. It was further recommended that a public hearing be set for 6/07/2004 on the big-box portion of the proposal. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee SAD: NE 2nd St Utilities Committee Vice Chair Briere presented a report concurring in the recommendation of the Planning/Building/Public Works Department that Council accept the final NE 2nd Street (at Lyons Ave. NE) Special Assessment District establishing a per unit charge of $4,800, and that the ordinance regarding this matter be presented for first reading. The Committee further recommended that Council authorize staff to make final payment to the developer for the extension of the sewer main in NE 2nd St. for the final payment amount of $82,290.62. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 155 for ordinance.) Latecomer Agreement: Wharton, Sewer Extension (SE 122nd St), LA-04-001 Utilities Committee Vice Chair Briere presented a report concurring in the recommendation of the Planning/Building/Public Works Department that preliminary approval be given for the Wharton latecomer agreement on SE 122nd St. The Committee further recommended that Council direct staff to May 10, 2004 Renton City Council Minutes Page 154 proceed with the establishment of the final Wharton latecomer agreement upon completion of the construction of the wastewater improvements associated with the proposed latecomer agreement. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee CAG: 03-154, Downtown Sidewalk & Curb Ramp, R&J Landscape and Construction Transportation (Aviation) Committee Chair Palmer presented a report regarding the 2003 Downtown Sidewalk and Curb Ramp project. Construction of the project, by R&J Landscape and Construction, Inc., began 12/08/2003 and was completed 3/16/2004. The original contract amount was $116,070.30. Due to a change in scope of work after the contract was signed that involved the removal of 38 trees along the sidewalk and replacing 28 of those trees, the final contract amount was $172,206.35. The final project cost, including the final contract amount plus other staff and in-house costs in the amount of $26,712.52, is $198,918.87. Authorized funds for the project were $183,055.87. An additional $16,000 is needed to close out the project. The Committee recommended that Council: transfer an additional $16,000 for this project from the Walkway Program and Fund 317; make final payment to the contractor in the amount of $6,764; release retainage after 60 days in the amount of $8,610.34, subject to the required authorization; and accept completion of the project. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND RESOLUTIONS The following resolution was presented for reading and adoption: Resolution #3690 Community Services: 2004 Waterfowl Management Interlocal Agreement A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement for the Waterfowl (Canada Goose) Management Program for the year 2004. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 5/17/2004 for second and final reading: Annexation: Carlo, 136th Ave SE & 140th Ave SE An ordinance was read annexing approximately 37 acres located between 136th Ave. SE on the west, 140th Ave. SE on the east, City limits and SE 132nd St. on the north, and SE 135th St., if extended on the south (Carlo Annexation). MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. Annexation: Carlo, R-8 Zoning An ordinance was read establishing the zoning classification of approximately 37 acres located between 136th Ave. SE on the west, 140th Ave. SE on the east, City limits and SE 132nd St. on the north, and SE 135th St., if extended on the south from R-4 (Urban Residential - four dwelling units per acre; King County zoning) to R-8 (Residential - eight dwelling units per acre); Carlo Annexation. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. Legal: RCW Numbers Update, Marijuana Possession & Criminal Impersonation An ordinance was read amending Sections 6-10-1 of Chapter 10, Criminal Code, and 6-12-1, Drug Paraphernalia, Sales or Use, of Title VI (Police Regulations) of City Code by updating the statute (RCW) numbers for possession of marijuana and criminal impersonation in the second degree. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. May 10, 2004 Renton City Council Minutes Page 155 CARRIED. SAD: NE 2nd St An ordinance was read establishing an assessment district for sanitary sewer service for properties adjacent to NE 2nd St., from Lyons Ave. NE to approximately 300 feet east of Lyons Ave. NE, and establishing the amount of the charge upon connection to the facilities. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. Public Safety: Fireworks An ordinance was read amending Section 1-3-2.C.1.e(1) of Chapter 3, Remedies and Penalties, of Title I (Administration); adding Section 4-5- 070.C.73 of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations); and adding Section 6-10-1.U of Chapter 10, Criminal Code, of Title VI (Police Regulations) of City Code by outlawing all fireworks and establishing penalties for violation of the fireworks laws. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. City Attorney Larry Warren pointed out that there is a proposal pending for a change from the Uniform Fire Code to the International Fire Code (IFC), and the fireworks ordinance amends this not-yet-adopted document. He stated that the IFC ordinance is forthcoming, and recommended that after second reading of the fireworks ordinance next week, it be held until the adoption of the IFC ordinance. Both ordinances can then be published at the same time. ADJOURNMENT MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:29 p.m. Bonnie I. Walton, City Clerk Recorder: Michele Neumann May 10, 2004