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HomeMy WebLinkAbout06-07-04 RENTON CITY COUNCIL Regular Meeting June 7, 2004 Council Chambers Monday, 7:30 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF COUNCILMEMBERS TERRY BRIERE, Council President Pro Tem; DENIS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS DON PERSSON AND MARCIE PALMER. CARRIED. Councilwoman Palmer arrived at 8:10 p.m. CITY STAFF IN ATTENDANCE KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planner Manager; DEREK TODD, Assistant to the CAO; COMMANDER KATHLEEN MCCLINCY, Police Department. PROCLAMATION Local Veterans Employment Representative Program 60th Anniversary - June, 2004 A proclamation by Mayor Keolker-Wheeler was read declaring the month of June, 2004, to be "Local Veterans Employment Representative Program 60th Anniversary" in the City of Renton, encouraging all members of the community, the military, and veteran service providers to join in this special recognition. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. PUBLIC HEARING Planning: Big-Box Retail Uses Design Guidelines This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider applying existing design guidelines to big-box retail uses located north and west of I-405. Alex Pietsch, Economic Development Administrator, stated that during a retreat, Council expressed concern about the appearance of large format or big-box retail uses. Upon analysis, staff found a way to impose some design guidelines without being too onerous on development as the City is interested in attracting these types of retailers to the Renton community. Rebecca Lind, Planner Manager, described the specific concerns regarding the appearance of big-box retail uses, such as building wall height and design, landscaping, loading areas, and how the building looks from the street. She explained that staff proposes to apply the existing Urban Center District design guidelines to big-box retail uses in the Commercial Arterial and Industrial zones, except in the Employment Area Valley Comprehensive Plan designation south of I-405. The regulations would be triggered by the size of the building - 75,000 square feet, one story, and a 30-foot wall - and would not apply to other retail uses. Detailing how the design guidelines work, Ms. Lind explained there is a minimum standard that all development is required to comply with, and there is a set of guidelines that allow a more flexible way to meet the intent of City Code and allow for design creativity. She reviewed the topics currently addressed in City Code, including site design and building location; building June 7, 2004 Renton City Council Minutes Page 184 orientation; building entries; transition to surrounding development; parking, access, and pedestrian circulation; landscaping; building design; signage; and lighting. Ms. Lind indicated that staff has not yet addressed Council's request to analyze design guidelines for all commercial uses. The matter was referred to the Planning Commission; and staff anticipates broadening the existing design guidelines, and will evaluate the need for specific guidelines during its sub-area planning process. Public comment was invited. Joe Geivett, 1144 Eastlake Ave. E., #601, Seattle, 98109, with PACLAND, stated that his company designed the Sam's Club on S. Grady Way and worked on other retail establishments in the Renton area. Mr. Geivett indicated that establishing design guidelines is a great idea, and he displayed drawings of big- box projects that PACLAND is working on, pointing out many design features. Mr. Geivett emphasized the need to preserve the main operations of the stores, and he reviewed the City's design regulations pertaining to landscaping and loading area screening. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL SUSPEND THE RULES AND ALLOW THE SPEAKER FIVE MORE MINUTES. CARRIED. Mr. Geivett continued to comment on and offer suggestions for the design guidelines that address building appearance, lighting, pedestrian access, sign height, fencing, and roof screening. He acknowledged that the guidelines do allow for flexibility, but pointed out that vague guidelines can cause difficulties for architects. Mayor Keolker-Wheeler expressed her appreciation for the speaker's comments and feedback, saying that it is good to hear from someone in his line of work endorsing the use of design guidelines. There being no further public comment, it was MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Commenting on the design guidelines concerning roof screening, Councilman Corman suggested that City Code allow for latitude in regards to artistic creativity. APPEAL Planning & Development Committee Appeal: 1800 Jones Ave Short Plat, Kinzer & Lunsford, SHP- 03-095 Planning and Development Committee Chair Briere presented a report on the appeal of the 1800 Jones Ave. Short Plat (SHP-03-095). The Committee met on this appeal on 5/20/2004 and 6/03/2004. The Committee found that there is no substantial error in fact or law in the Hearing Examiner's decision on the original appeal and recommended that the Hearing Examiner's decision be affirmed. Appellants raised a number of issues concerning this appeal. The primary contention was that the lot sizes in the short plat are too small considering the size of the surrounding lots. There were also issues raised about drainage, tree removal, separation between properties, the potential size of homes and privacy. This Council has been very hesitant to reduce minimum densities in plats below that provided in City Code. The Comprehensive Plan under Policy LU-23, indicates that plats over a half-acre in size should achieve minimum density, and that the minimum density may be adjusted due to constraints on the site. The constraints listed by the appellants are not on the site and do not serve as a basis June 7, 2004 Renton City Council Minutes Page 185 to adjust the minimum density. This short plat is .71 acres and so must meet minimum density. The minimum density for the zone for the short plat is between five and eight dwelling units per acre. Reducing the short plat by one lot would reduce the minimum density to .424 dwelling units per acre, below the minimum density of five dwelling units per acre. Lots may be as small as 4,500 square feet, but the lots in the short plat are 5,999 square feet and above, adjusting the lot sizes to the high side to take into consideration the larger lots in the neighborhood. The appellants pointed to Policy H-20, which allows a reduction in density of a subdivision, but that policy permits that reduction in density due to lot configuration, lack of access, or physical constraints on the site. None of those reasons for reduction exist. Appellants also raised Policy LU-40, which states that new lots developed at higher densities within existing neighborhoods should be designed to incorporate street locations, lot configurations, and building envelopes which address privacy and quality of life of existing residents. This policy by its own terms anticipates higher densities within existing neighborhoods. The appellants are not impacted by the location of the interior street. The lots are configured and the building envelopes established so that front yard setbacks are presented to the appellants, that is 20-foot setbacks, rather than side yard setbacks that would be five feet. Therefore the short plat has been designed to take into account lot configurations and building envelopes which address privacy and quality of life of existing residents. The remainder of the issues that have been raised by the appellants are dealt with by the Development Regulations (City Code Title IV) established by this Council and, as such, are development issues and not short plat issues.* Councilwoman Briere reported that the Committee has questions regarding how the City approaches minimum density and some of the infill areas of the City. The subject was placed on the work plan to be addressed as part of the Comprehensive Review process. *MOVED BY BRIERE, SECONDED BY CLAWSON, 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: ” Downtown Renton comes alive with the tastes of summer at the Renton Farmers Market starting on June 15th. The market runs every Tuesday from 3:00 to 7:00 p.m. through September 14th, at the Piazza located on S. 3rd St. between Logan and Burnett Avenues South. Mayor Keolker-Wheeler noted the arrival of Councilwoman Palmer at 8:10 p.m. ” Last weekend over 120 Special Olympic athletes and coaches represented the City's Recreation Division at the Special Olympics at Fort Lewis, with 37 track and field athletes, four soccer teams, and a cycling team of 24 athletes. ” The public can view future traffic projections, comment on the evaluation criteria, and look over some preliminary ideas for improvements at the Rainier Ave. Corridor Project Open House on June 9th. AUDIENCE COMMENT Citizen Comment: Hardy - Dave C. Hardy, 19235 - 108th Ave. SE, #206, Renton, 98055, stated he was the founder and president of an environmental awareness and education June 7, 2004 Renton City Council Minutes Page 186 Caring About Our Rich Environment, Environmental Awareness Organization organization called Caring About our Rich Environment (CARE). He distributed copies of CARE's constitution to Councilmembers, and read a letter of support for the organization from Adam Smith, United States Representative for Washington's 9th District. Mr. Hardy proposed that this organization have a fair chance in Renton, as it has been established in cities such as Snoqualmie and North Bend. He described the structure of the organization and expressed his hope that Council will grant CARE an opportunity to prove itself to the City and to the community. Citizen Comment: Martin - Fireworks Ban Roland Martin, 661 Taylor Ave. NW, Renton, 98055, expressed his disappointment with the Council's decision to ban fireworks, claiming that the decision was based on faulty statistics and flawed analysis. He emphasized that citizens do not need further restrictions on their liberties, and pointed out that the use of fireworks at 4th of July celebrations helps to bring about more cohesive neighborhoods. Noting that many activities Americans participate in are risky, Mr. Martin stated that this ban is unnecessary. He concluded by saying that he will try to find a way to persuade the Council to reverse its decision. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of May 24, 2004 Approval of Council meeting minutes of May 24, 2004. Council concur. AJLS: IKEA Renton River Days Fee Waivers & Banner Installation Administrative, Judicial and Legal Services Department requested the following: waiver of permit fees for 2004 Renton River Days activities endorsed by Renton River Days Board of Directors; waiver of City Center Parking garage fees from July 21 to July 25; and authorization to install River Days banners on City light poles from June 21 to July 30. Council concur. Lease: Eoscene Corporation, 200 Mill Bldg (4th Floor), LAG-02-003 Community Services Department recommended amending the lease with Eoscene Corporation, a tenant on the 4th floor of the 200 Mill Building, to lease space adjacent to their existing suite on a month-to-month basis until the end of their current lease on 4/30/2005. Revenue generated is an additional $30,613 over the term of the lease. Refer to Finance Committee. Lease: King County Sexual Assault Resource Center, 200 Mill Bldg (1st Floor), LAG- 01-006 Community Services Department recommended extending the lease with King County Sexual Assault Resource Center, a tenant on the 1st floor of the 200 Mill Building, from 3/31/2009 to 3/31/2010 in exchange for reduced rent for the current year. Refer to Finance Committee. Development Services: Building Codes Adoption Development Services Division recommended adoption of the following: 2003 International Building Code, 2003 International Residential Code, International Mechanical Code, Uniform Plumbing Code, International Fuel & Gas Code, Washington State Energy Code, and Washington State Ventilation Indoor Air Quality Code. Refer to Planning and Development Committee. Development Services: Building Permit Fees Revision Development Services Division recommended amending the existing Building Permit Fees schedule to reflect revised building, electrical, plumbing, and mechanical permit fees. Refer to Finance Committee. Planning: Primary Use Surface Parking Lots Development, Park & Ride Lots Economic Development, Neighborhoods and Strategic Planning Department recommended incorporation of new policies for park and ride facilities in the Comprehensive Plan, and adoption of an ordinance establishing regulations for primary use and shared-use parking for park and ride facilities. Refer to Planning and Development Committee; set public hearing on 6/14/2004. Utility: Oversizing Request for Planning/Building/Public Works Department recommended approval of the June 7, 2004 Renton City Council Minutes Page 187 Compensation, Earlington Ridge, Lakeridge Development request from Lakeridge Development for compensation in an amount not to exceed $143,616 for oversizing the sewer main for the Earlington Ridge development located near Stevens Ave. SW and S. 134th St. Refer to Utilities Committee. Solid Waste: Residential Collection Reroute Utility Systems Division requested a briefing on the planned residential solid waste collection reroute scheduled to occur in late June. Refer to Committee of the Whole. CAG: 03-168, Maplewood Water Treatment Facility Improvements, Economic and Engineering Services Utility Systems Division recommended approval of an amendment to CAG-03- 168, agreement with Economic and Engineering Services, Inc., for additional geotechnical services in the amount of $71,976.35 for the Maplewood Water Treatment Improvements and Golf Course Improvements project. Council concur. Utility: Surveying Services Roster, 2004-2007 Utility Systems Division requested approval of the Surveying Services Roster 2004-2007, listing ten professional land surveyors. Council concur. Fire: International Fire Code (2003) Adoption, Fire Prevention Fees Fire Department recommended approval to adopt the 2003 International Fire Code and associated amendments, to amend the fire prevention fees, and to establish penalties for violations. Refer to Planning and Development Committee. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Development Services: Building Codes Adoption, Barbecue & Christmas Tree Bans Councilman Corman commented on the national building codes and the State law that goes into effect on July 1st, which bans open flame gas and charcoal grilling on combustible apartment or condominium decks that lack sprinklers, and bans cut Christmas trees in apartments and churches that lack sprinklers. He indicated that in the context of the fireworks discussions, more effort is being made overall to control fire risks. Mayor Keolker-Wheeler pointed out that Renton law can be more restrictive than State law; however, it cannot be less restrictive. She stated that effort is being made on the State level to reduce the restrictions, particularly those on the display of Christmas trees, but there is not much that can be done on the local level. CORRESPONDENCE Citizen Comment: Fattore - Sewer Service Connection Request for Property Outside City Limits, 154th Ave SE Correspondence was read from Robert Fattore, 13810 152nd Ave. SE, Renton, 98059, requesting connection to Renton's sewer for property he is purchasing at 138XX 154th Ave. SE, located outside the City limits. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED. Citizen Comment: Levack - Sewer Service Connection Request for Property Outside City Limits, 154th Ave SE Correspondence was read from Morris and Verna Levack, 13815 154th Ave. SE, Renton, 98059, requesting connection of their property located outside the City limits to Renton's sewer. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED. Added Citizen Comment: Karpiak - Water Main Replacement Cost Sharing, Williams Ave S Correspondence was read from Victor Karpiak, President of First Savings Bank of Renton, 201 Wells Ave. S., Box 360, Renton, 98057, stating that construction of their new banking facility requires installation of a new ten-inch water main on Williams Ave. S. between S. 2nd and S. 3rd Streets. At City staff's suggestion to install a twelve-inch water main, First Savings Bank asked that the City share the cost of the infrastructure upgrade. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED. June 7, 2004 Renton City Council Minutes Page 188 UNFINISHED BUSINESS Planning & Development Committee Development Services: Wireless Communication Facilities in Residential Zones Planning and Development Committee Chair Briere presented a report recommending that Council authorize staff to draft City Code amendments to permit monopole wireless communication facilities within rights-of-way in residential neighborhoods. The Committee further recommended that the matter be referred to the Planning Commission for review and that the required public hearing for the proposed amendments be held by the City Council on 9/13/2004. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. MOTION CARRIED. Public Safety Committee Legal: Making False Statement Clarification, Interference Reference Removal Public Safety Committee Chair Law presented a report recommending concurrence in the staff recommendation to adopt an ordinance that clarifies the crime of "Making a False or Misleading Statement" and removes the reference to the crime of "Interference" in City Code 1-3-3.F.5, and that adds two definitions to City Code 1-3-4. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 189 for ordinance.) Utilities Committee SAD: East Kennydale Sanitary Sewer Infill Phase II Utilities Committee Chair Clawson presented a report recommending concurrence with the recommendation of staff that the East Kennydale Sanitary Sewer Infill Phase II Special Assessment District No. 0025 be approved. The special assessment district will establish connection charges of $5,208.87 per single-family unit that are within the boundary of the assessment district. In addition, simple interest will accrue at a rate of 5.93% for a period of ten years. The Committee further recommended that the ordinance finalizing the special assessment district be presented for first reading.* Councilman Corman excused himself from the meeting, as this project affects his home. Time: 8:41 p.m. *MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 190 for ordinance.) Councilman Corman returned to the meeting. Time: 8.42 p.m. Transportation (Aviation) Committee Transportation: Benson Rd S (Main to 26th), TIB Grant Transportation (Aviation) Committee Chair Palmer presented a report regarding the grant agreement with the Transportation Improvement Board (TIB) for design and construction of Benson Rd. S. The City of Renton applied for and was awarded a TIB grant of $150,000 for pedestrian safety improvements on Benson Rd. S. from 440 feet south of Main Ave. S. to S. 26th St. The intent of this project is to complete four missing sidewalk links on the east side of Benson Rd. S., to improve safety, and to provide an enhanced pedestrian environment. The Committee concurred in the recommendation of staff that Council authorize the Mayor and City Clerk to enter into the agreement with TIB to accept the Pedestrian Safety & Mobility Program grant funding for design of the Benson Rd. S. pedestrian improvements, and that Council approve all consecutive phases and subsequent elements up to and including construction of improvements. The Committee further recommended that the resolution regarding this matter be presented for adoption. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Transportation: Rainier Ave S Improvements (7th to 4th), TIB Grant Transportation (Aviation) Committee Chair Palmer presented a report regarding the grant agreement with the Transportation Improvement Board (TIB) for design and construction of Rainier Ave. S. The City of Renton applied for and was awarded a TIB grant of $2,202,000 for roadway, bridge, and pedestrian June 7, 2004 Renton City Council Minutes Page 189 improvements on Rainier Ave. S. between S./SW 7th St. and S. 4th Pl. This grant will complete design, right-of-way, and construction. The Committee concurred in the recommendation of staff that Council authorize the Mayor and City Clerk to enter into the agreement with TIB to accept the Pedestrian Safety & Mobility Program grant funding for design of the Rainier Ave. S. improvements, and that Council approve all consecutive phases and subsequent elements up to and including construction of the improvements. The Committee further recommended that the resolution regarding this matter be presented for adoption. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Airport: Sound Flight Operating Permit & Agreement Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve an operating permit and agreement at the Airport for Sound Flight, Inc. to initiate an on-demand charter service under Federal Aviation Regulation, Part 135. Sound Flight will be a sublessee of Aerodyne Aviation, South Cove Ventures, LLC. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND ORDINANCES The following resolutions were presented for reading and adoption: Resolution #3694 Transportation: Rainier Ave S Improvements (7th to 4th), TIB Grant A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative agreement with the Transportation Improvement Board for the design and construction of the Rainier Ave. S. improvements from S./SW 7th St. to S. 4th Pl. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3695 Transportation: Benson Rd S (Main to 26th), TIB Grant A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative agreement with the Transportation Improvement Board for the design and construction of the Benson Rd. S. improvements from 440 feet south of Main Ave. S. to S. 26th St. MOVED BY CORMAN, 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 6/14/2004 for second and final reading: Legal: Making False Statement Clarification, Interference Reference Removal An ordinance was read amending Section 1-3-3.F.5 and 1-3-4 of Chapter 3, Remedies and Penalties, of Title I (Administrative) of City Code regarding the crime of making a false or misleading statement. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/14/2004. CARRIED. SAD: East Kennydale Sanitary Sewer Infill Phase II Councilman Corman excused himself from the meeting. Time: 8:48 p.m. An ordinance was read establishing the East Kennydale Sanitary Sewer Infill Phase II Special Assessment District for sanitary sewer service for properties adjacent to Edmonds Ave. NE, NE 20th St., NE 22nd St., NE 23rd St., NE 21st St., Harrington Pl. NE, Glenwood Ave. NE, and NE 25th St., and establishing the amount of charge upon connection to the facilities. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/14/2004. CARRIED. June 7, 2004 Renton City Council Minutes Page 190 Councilman Corman returned to the meeting. Time: 8:49 p.m. Development Services: Wireless Communication Facilities, VoiceStream An ordinance was read granting unto VoiceStream PCS III Corporation, a Delaware Corporation, its successors and assigns, the right, privilege, authority and master use agreement to install telecommunication facilities together with appurtenances thereto, upon, over, under, along, and across the streets, avenues and alleys of the City of Renton within City right-of-way and public properties of the City. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/14/2004. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance #5079 AJLS: Title III (Departments) City Code Revision An ordinance was read amending Section 1-4-3 of Chapter 4, Mayor, of Title I (Administrative); Title III (Departments and Officers); and Section 5-3-2 of Chapter 5, Salaries, of Title V (Finance and Business Regulations) of City Code by redefining the creation, duties, and methods of compensation of the department administrators and officers of the City of Renton. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council: Meeting Location and Time Change (6/21/2004) Mayor Keolker-Wheeler announced that the Council meeting scheduled for 6/21/2004 will be held at 6:00 p.m. at Fire Station #12, located at 1209 Kirkland Ave. NE. ADJOURNMENT MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:56 p.m. Bonnie I. Walton, City Clerk Recorder: Michele Neumann June 7, 2004