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HomeMy WebLinkAbout11-08-04 RENTON CITY COUNCIL Regular Meeting November 8, 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 DON PERSSON, Council President; RANDY CORMAN; TONI NELSON; DAN CLAWSON; DENIS LAW; TERRI BRIERE; MARCIE PALMER. CITY STAFF IN ATTENDANCE KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JENNIFER HENNING; Principal Planner; JASON JORDAN, Senior Planner; RONALD STRAKA, Utility Engineering Supervisor; ALEX PIETSCH, Economic Development Administrator; BEN WOLTERS, Economic Development Director; VICTORIA RUNKLE, Finance and Information Services Administrator; SYLVIA DOERSCHEL, Finance Analyst Supervisor; JILL MASUNAGA, Finance Analyst III; DEREK TODD, Assistant to the CAO; COMMANDER CHARLES MARSALISI, Police Department. SPECIAL PRESENTATION ESA: WRIA 8 Draft Chinook Salmon Conservation Plan Jane Lamensdorf-Bucher, Watershed Coordinator; Jean White, Early Action Projects Coordinator; and Sally King, Land Use Coordinator; with King County Water Resource Inventory Area 8 (WRIA 8) gave a presentation on the Draft Chinook Salmon Conservation Plan for the Lake Washington/Cedar/Sammamish Watershed. Ms. Lamensdorf-Bucher stated that salmon in the watershed are threatened. Puget Sound Chinook and Bull Trout are listed on the Federal Endangered Species Act, and Puget Sound Coho are a candidate for possible listing. She noted that one of the reasons for the decline in salmon is habitat degradation and loss. Ms. Lamensdorf-Bucher explained that the main bodies of water in WRIA 8 are the Cedar River Basin, Sammamish River Basin, Lake Washington, Lake Sammamish, and Puget Sound Nearshore. She detailed the related efforts of WRIA 9 and Puget Sound Shared Strategy, and explained that WRIA 8 is made up of the Steering Committee, which oversees development of the plan, and the Lake Washington/Cedar/Sammamish Watershed Forum, which reviews and approves the plan. Reporting that the public review draft of the plan will be released on November 12th, Ms. Lamensdorf-Bucher reviewed the content of the plan and the recommendations for implementation, noting the importance of local government input. After public and local review, the final Chinook plan will be submitted to the WRIA 8 Forum in February 2005, and then to the jurisdictions in May 2005. She indicated that Federal and State funding sources can be better influenced by working together as a unified watershed. Continuing, Ms. White discussed the habitat protection and restoration projects that are recommended in this area. Explaining that the lower Cedar River and Southern Lake Washington areas are very important for the Chinook, she pointed out that restoring conditions in Lake Washington are as beneficial as restoring the lower Cedar River. Ms. White detailed the current habitat conditions and made recommendations as to how to improve the conditions for the various sections in this area, including the Maplewood Reach 4 (SR-169 November 8, 2004 Renton City Council Minutes Page 389 area), Cedar River Reach 2 (Logan Ave. to I-405), Cedar River Reach 3 (I-405 to SR-169), mouth of the Cedar River Mouth to Logan Ave. (Reach 1), and Southern Lake Washington. Continuing, Ms. King reviewed land use actions, and pointed out that they should be voluntary, should build on existing efforts such as the Growth Management Act and critical areas ordinances, should focus on incentives, and should encourage growth in urban areas. Listing the land use recommendations for the lower Cedar River area, she noted that Renton's efforts to encourage growth and revitalize its urban center helps protect rural salmon habitat. Recommendations for land use include enforcement, encouraging redevelopment restoration through regulatory flexibility and incentives, and using tools such as stormwater management, clustering, and low impact development for riparian areas and forest cover and open space. Ms. King listed the land use action recommendations for the southern Lake Washington shorelines, which include protecting the remaining shoreline through critical areas ordinances and the Shoreline Master Program, prohibiting new bulkheads, and following NOAA Fisheries (National Marine Fisheries Service) salmon-friendly dock guidelines. In conclusion, Ms. Lamensdorf- Bucher expressed her appreciation with Renton's involvement in the development of the salmon conservation plan. Councilman Clawson, who represents the City in this effort, stated that the speakers have been responsive to Renton's concerns. He stressed that recovering the Chinook salmon in this urban area is very challenging, and it will take a group effort. Chief Administrative Officer Jay Covington stated that a lot of work went into this plan, and noted that the region and the State will benefit from the work that has been done. PUBLIC HEARINGS Planning: Planned Action (Lakeshore Landing), Boeing Surplus Property 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 the Lakeshore Landing Planned Action for redevelopment of the surplus Boeing property located at the south end of Lake Washington; Developer: Center Oak Properties, LLC. Jason Jordan, Senior Planner, described the subject area, which is located north of N. 8th St., east of Logan Ave. N., and west of Garden Ave. N. He reviewed the project history as follows: –Environmental Impact Statement (EIS) completed in October 2003. –Comprehensive Plan Amendment completed in December 2003. –The City and Boeing established a development agreement in December 2003. –The development agreement included a conceptual urban retail plan. –The conceptual urban retail plan was approved in October 2004. Mr. Jordan explained that the conceptual plan is approximately 53 to 55 acres, including the right-of-way area. Approximately eight acres of the site will be utilized to create new public streets and access ways, including a parkway design with landscaped medians for the extension of Logan Ave. N., the realignment of Park Ave. N., and the extension of N. 8th and N. 10th Street. The developer is proposing high quality retail, office, and residential opportunities. Mr. Jordan reported that the development will be predominately retail, designed to Urban Center North Development Standards, and required to meet the new Urban Center Design Guidelines. Continuing, Mr. Jordan said the conceptual plan ranges from 597,000 to 800,000 square feet, and the potential tenants may include a large format November 8, 2004 Renton City Council Minutes Page 390 retailer, a movie theater, and a mix of specialty tenants and restaurants. He also reviewed the potential building's bulk, size, and scale. Mr. Jordan stated that staff requests approval of Planned Action legislation, which would be combined with the approved EIS and development agreement. The legislation will streamline the permitting process by utilitizing existing environmental documentation as allowed by RCW 43.21C.031 and WAC 197-11-164, 168, and 315. Public comment was invited. Correspondence was read from Richard D. Zwicker, North Renton Neighborhood Association President, PO Box 326, Renton, 98057, stating that the association offers support and assistance in the development of the Lakeshore Landing project. He noted that the project will be located in one of the oldest neighborhoods in the City, and asked that care be taken in the development of properties between N. 6th and N. 8th Streets, which will be the sole buffer between the neighborhood and the shopping center. Additionally, Mr. Zwicker asked that Logan Ave. N. be opened and connected to Park Ave. N., and that the City mitigate the negative impact of the impending construction. Ray Giometti, 323 Pelly Ave. N., Renton, 98055, stated that redevelopment of the Boeing property represents an opportunity for the City of Renton to establish its vision for responsible growth in the future. However, the future growth should not negatively impact the City or its residents. Mr. Giometti asked that North Renton neighborhood be taken into consideration during this process, and recommended that Logan Ave. N. be extended and opened in the first phase of development. He expressed concern regarding the peak traffic figures expressed in the EIS, and the haste at which this project is going forward. Mr. Giometti indicated that failure to address traffic issues now will result in future development of the site exceeding original traffic estimates and creating future traffic problems in the City. Mike O'Donin, 423 Pelly Ave. N., Renton, 98055, expressed his excitement about the project, saying it is a great opportunity for the City. Mr. O'Donin suggested that Logan Ave. N. be opened as soon as possible, and he voiced his concern about the flow of traffic and the safety of children, noting that people drive through the surrounding side streets in order to avoid the traffic signals. George Daniels, 215 Garden Ave. N., Renton, 98055, stated that the North Renton Neighborhood Association is growing, and the neighborhood wants to be a part of the development process. He expressed his excitement for the project, and asked that the City stay on task, stay within the laws, consider the neighborhood's needs, and grow effectively rather than just grow for the sake of growth. Larry Reymann, 1313 N. 38th St., Renton, 98055, stated his hope that the project interfaces with Gene Coulon Park, and emphasizes and extends the natural habitat as much as possible. He suggested that the development be pedestrian friendly, and utilize mass transit to enhance the future of this entire area. Fred Bruning, Center Oak Properties President, 649 NW 12th St., Gresham, OR, 97030, stated his intent to create a very pedestrian-friendly and community-friendly development, and noted that the project is moving forward quickly due to competition for key tenants. Mr. Bruning said Center Oak Properties' goals are to: create a project the City of Renton and the community November 8, 2004 Renton City Council Minutes Page 391 will be proud of, make sure that the project connects very well with the greater community, and vitalize the historic downtown area. He stressed that Center Oak Properties welcomes comments and takes them to heart. Alex Pietsch, Economic Development Administrator, stated that in the development agreement with Boeing, the City agreed to construct new roads, and new water, stormwater, and sewer utility lines. This includes the extension of Logan Ave. N. to Park Ave. N., which will occur in conjunction with the construction of this project. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE PLANNED ACTION LEGISLATION AS DRAFTED BY THE CITY ATTORNEY, WHICH ALLOWS THE DEVELOPER TO UTILIZE THE EXISTING ENVIRONMENTAL DOCUMENTATION AS REDEVELOPMENT OF THE SITE OCCURS, AND REQUIRES THE DEVELOPER TO COMPLY WITH THE APPROVED EIS, CONCEPTUAL URBAN RETAIL PLAN, APPROVED DEVELOPMENT AGREEMENT, AND URBAN CENTER NORTH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. CARRIED. Budget: 2005 Annual City of Renton 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 2005 City of Renton Preliminary Budget and revenue sources. Victoria Runkle, Finance and Information Services Administrator, reported that the proposed 2005 Budget, in the amount of $149,392,500, is a one percent increase above the 2004 Budget. The General Governmental Budget, in the amount of $69,106,300, comprises 46% of the total budget and is a 4.7% increase above the 2004 Budget. Ms. Runkle pointed out that the general fund revenues are estimated to be lower than expenditures by $1.1 million, and available fund balance is anticipated to be used to meet the expenditures. Continuing, Ms. Runkle stated that the 2005 Budget priorities include implementation of the REACT and RENSTAT programs, lowering internal service and management service levels, and changing service levels that can be provided in a different way. She noted that the enterprise funds (water, sewer, surface water, solid waste, golf course and airport) comprise 34% of the total budget. The proposed 2005 Budget includes a 1.6% increase in City water and sewer service rates, and a pass-through King County waste treatment rate increase. Concluding, Ms. Runkle stated that a one percent property tax levy increase is recommended for 2005, and the 2005 total property tax levy is estimated to be $21 million. She pointed out that since the total property tax assessed valuation is decreasing, the City's tax rate will decrease by at least two cents per thousand. Public comment was invited. There being none, it was MOVED BY LAW, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. APPEAL Appeal: Sunset Bluff City Attorney Larry Warren noted that some e-mails were sent to the City Council related to the appeal of the Sunset Bluff Preliminary plat. He explained November 8, 2004 Renton City Council Minutes Page 392 Preliminary Plat, SR 900 LLC, PP-04-002 that Council is not allowed to have ex parte communications with any parties, and is limited to reviewing material already on record. The City Attorney then inquired as to whether any Councilmember opinion was swayed as a result of the e-mail. Not having heard any Councilmember comment, Mr. Warren stated that no Councilmember was influenced. Planning & Development Committee Majority Report Appeal: Sunset Bluff Preliminary Plat, SR 900 LLC, PP-04-002 Planning and Development Committee Chair Briere presented a majority report regarding the appeal filed by SR 900, LLC of the Sunset Bluff Preliminary Plat (PP-04-002). The Committee heard the appeal on 10/21/2004. After reviewing the record, the written presentations of both parties and hearing oral argument, the majority of the Committee found that the evidence submitted by Herons Forever was too speculative to sustain its burden of proof before the Hearing Examiner. The majority of the Committee recommended that the full Council reverse the Hearing Examiner and affirm the decision of the ERC (Environmental Review Committee). The Committee further recommended that the Council adopt the following amended findings and conclusions to the Hearing Examiner's report and decision dated 8/3/2004. AMENDED FINDINGS AND CONCLUSIONS I. Finding of Fact 12. The last sentence is amended to read: "The southwestern corner of the site (1.08 acres) is zoned RC (Resource Conservation)." II. Finding of Fact 27. The third sentence is amended to read: "West is another RM-I (Residential Multi-Family Infill) district with multiple family units and industrially zoned property in the City of Renton that is developed and undeveloped, including a closed quarry site, currently used as a contractor's office, equipment and material storage, recycling and concrete batching." III. Finding of Fact 28 is amended to add a sentence: "Ms. Sheldon did no study of the biological effects of the change in release rate of the retained stormwater. The retention system was designed according to the King County manual for detention treatment and controlled release." IV. Finding of Fact 29 is amended to add a sentence: "Mr. Rozeboom testified in general terms but without the support of any study or quantitative analysis of the actual effects of the changes in the hydroperiod." V. Finding of Fact 31 is amended to read: "Herons Forever's experts have monitored heron recently and indicated that the birds reacted hostilely to intrusive activities in both this heronry and in others in the Puget Sound Area. They suspect that the proposed grading on this property, over 1,000 feet from the heron colony, might have an impact on the colony. Reports indicate that birds were flushed and severely disturbed by logging just south of the railroad tracks at the western edge of the riparian forest, but very near to that colony. Anecdotal evidence indicates that the development of an office park within 500 feet of the colony may have caused the colony to move to the north and west and abandon the main nest. This may have also been caused by termination of blasting at the quarry to the west. One can only speculate as to the cause of the move. One can also only speculate as to the effect on the herons of clearing the development site. The area does serve as a source of twigs and possibly forage for food, and this will be eliminated. Work will occur at or above the nesting level, and maps appear to indicate that this will be out of sight of the nests, and flying birds will be able to view the clearing. There was no concrete testimony at the hearing regarding probable significant adverse effects on the herons caused by upslope clearing at a distance starting at over 1,000 feet of the November 8, 2004 Renton City Council Minutes Page 393 heronry." VI. Finding of Fact 32 is amended to read: "The changes to the seasonal wetlands were raised as to how the changes would affect the food sources of the heron. This testimony was based on the conclusion by Mr. Rozeboom that there would be a risk of significant adverse effects caused by increases in water depth in the closed depression. This conclusion is not based on any quantitative analysis. The testimony of the effects on food sources is not based on a site- specific study." VII. In Finding of Fact 42, the last sentence is amended to read: "These visits to the trail may be affecting the herons in some fashion." VIII. Finding of Fact 43 is amended by striking the 7th sentence and substituting in its place: "Minor earthwork, such as finish grading, may occur year round." IX. Finding of Fact 49 is amended by adding the following: "The increased runoff volumes from the site would likely increase average depth in the wetlands by one to two inches in the winter and by less than one inch in the summer. Predicted changes in water levels and duration in the depressional wetland would have only a negligible impact. These conclusions are based on the use of a King County methodology. Although Dr. McCarthy made certain assumptions, which may lessen the value of the study, the information remains unrebutted and is the only quantitative information presented." X. Finding of Fact 60 is stricken. XI. Finding of Fact 61 is added, which reads: "Some historical perspective is necessary. The ERC was aware of this history. The Black River Riparian Forest has been an existing feature in the area. The City participated in constructing the P-1 forebay. About the time the forebay was constructed, the herons were first noticed. Over a period of time the City sought grants to acquire the Black River Riparian Forest. The City acquired part of the forest by dedication as part of City approvals. The City used grants and its own money to negotiate and acquire, in several stages, approximately 100 acres of property encompassing and surrounding the heronry, where it previously existed and where it is now located. Over $8 million has been expended on this effort. The City helped create the conditions that attracted the herons in the first instance, and has expended substantial effort and resources in protecting the herons and their surroundings." XII. Conclusion 2, the last sentence is stricken. XIII. Conclusion 7 is amended by striking the second and third sentence. XIV. Conclusion 9 is amended by striking the last sentence. XV. Conclusion 10 is amended by adding a sentence, as follows: "Earthwork shall be limited to the dry months - except for minor earthwork, such as finish grading." XVI. Conclusions 11 through 28 are stricken XVII. A new Conclusion 11 is added: "The burden of proof is on Herons Forever. As previously stated, the decision of the ERC is entitled to substantial weight. While its good intentions are not questioned, the testimony of Herons November 8, 2004 Renton City Council Minutes Page 394 Forever was, in great part, based upon speculation. There is a lot that is unknown about the behavior of herons and what might affect them, but that field of study is far beyond what could be required of this developer. In general, the developer presented studies of the proposal, while Herons Forever responded by criticizing the studies and presented general, non-site specific testimony. Herons Forever's site-specific testimony was of logging and building occurrences which were much closer to the heronry than the proposed development." XVIII. The Decision is amended to read: "The decision of the ERC is affirmed."* Planning & Development Committee Minority Report Appeal: Sunset Bluff Preliminary Plat, SR 900 LLC, PP-04-002 Planning & Development Committee Vice Chair Clawson presented a minority report regarding the appeal filed by SR 900, LLC of the Sunset Bluff Preliminary Plat (PP-04-002). I respectfully dissent from the report of the majority of the Committee and recommend that the Council affirm the decision of the Hearing Examiner and require an EIS (Environmental Impact Statement). Herons Forever presented testimony of qualified experts who stated their opinions that the project as proposed would be likely to disturb the heron colony in ways that would diminish the productivity and could result in the herons abandoning nests in the Black River Riparian Forest over time. SR 900 LLC's experts disagreed with these experts and stated that the impacts would be minimal. The Hearing Examiner considered the evidence and made findings of fact. In general, he merely summarized the conflicting testimony of the experts without deciding which expert gave the most credible opinion. He did specifically determine that the testimony of SR 900 LLC's primary expert, Dr. Ken Raedke, who wrote the report submitted to the ERC, appeared to lack scientific basis and was not credible. Dr. Raedke testified that herons in general are not disturbed by human activities near their nests, and that the development would have no significant impact on the heron colony. Dr. Raedke's resume shows that he is an expert on deer and elk, not herons. He mainly relied on a masters thesis written over ten years ago by a masters student, Ms. Stabins. Other researchers attempting to verify her nest counts have not validated her research. He also cited studies from other states and Canada rather than local studies. In contrast, Herons Forever presented Kate Stenberg, Ph.D., a heron expert who has monitored herons in the Puget Sound region and specifically at the Black River Riparian Forest, and Patricia Thompson, a wildlife biologist with Washington State Department of Fish and Wildlife. Their testimony was specific to Western Washington and to the Black River heron colony. Dr. Stenberg and Ms. Thompson demonstrated much greater familiarity with the research on herons that Dr. Raedke. They described a dramatic decline of heron colonies in King County, while the Black River colony has thrived. Dr. Stenberg identified specific impacts that were not considered by the ERC. Increased runoff and lawn chemicals from the development may disturb the large wetland on the development where the herons feed, and nesting trees may be killed. Noise construction noise will be more intense because the development is above the nesting area. A construction season limitation to avoid disturbance during nesting was not considered by the ERC. November 8, 2004 Renton City Council Minutes Page 395 Ms. Thompson recommended a site-specific management plan designed with the assistance of her department so that after construction the impacts of pets and people from the development could be minimized. Dyane Sheldon, a wetlands biologist, stated that the change in runoff from the development could change the timing as well as volume of water feeding wetlands on and off the development that needs to be assessed and was not considered by the ERC. Bill Rozeboom testified that further studies of water runoff volumes are needed. The majority of this Committee concluded that this evidence is "too speculative to sustain [Heron Forever's] burden of proof." But it is SR 900 LLC, not Herons Forever, which has the burden of proof at this hearing. It must show that the Hearing Examiner made a substantial error of fact or law. Otherwise, the Hearing Examiner's decision must stand. SEPA (State Environmental Policy Act) law requires an EIS unless all of the likely significant adverse impacts have been considered first. An adverse impact does not need to be proved with exact certainty. WAC 197-11-330 specifically states that "several marginal impacts when considered together may result in a significant adverse impact," and that "for some proposals, it may be impossible to forecast the environmental impacts with precision, often because some variables cannot be predicted or values cannot be quantified." The WAC recognizes that a development proposal may involve "unique and unknown risks to the environment." Scientific knowledge of Great Blue Herons is in its early stages, and it is not reasonable to expect exact predictions of the effect of the development on the Black River colony. The Hearing Examiner's conclusions were carefully crafted based on his findings of fact, applying his extensive knowledge of SEPA law. He specifically listed the likely impacts on the ecosystem that the herons rely on from construction and occupation of the development. He required only a limited review of five issues so that experts under supervision of City staff could weigh the conflicting testimony and provide information needed so that the project can go forward while protecting the herons. After the EIS, SR 900 LLC will have further opportunity to appeal any mitigation measures it may find unreasonable. The Hearing Examiner did not make a substantial error of fact or law. The Council should affirm his decision. *MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL CONCUR IN THE MAJORITY COMMITTEE REPORT* Councilman Corman reported that he was impressed with both reports, and stated that the minority report seems to acknowledge the Hearing Examiner's path wherein this project could go forward but there is an intent to get an EIS that does not currently exist. Councilman Clawson agreed, explaining the only decision that was reversed was whether or not there should be an EIS to resolve some of the conflicting testimony of the experts. The EIS would resolve the conflicting testimony, and then the project could move forward with mitigation that would address those concerns. Mr. Corman stated that this project is likely to require the EIS, whether it is decided by the Council or King County Superior Court. November 8, 2004 Renton City Council Minutes Page 396 Councilmember Briere emphasized that the ERC did a thorough job of looking at the project, and recommended certain mitigation measures. She agreed that the testimony was conflicting. Mr. Clawson explained that Dr. Stenberg submitted a letter to the ERC; however, her testimony before the Hearing Examiner was much more detailed. Also, the ERC did not have the analysis of the runoff and biology issues. He stated that the question is "how much different information is there?" Stressing that he spent many hours studying the record, Councilmember Clawson detailed examples of information that was considered by the Hearing Examiner but not by the ERC. He concluded that the Hearing Examiner had substantially more information than the ERC. Councilman Corman stated that he is supportive of the herons, and noted the Council did support expending monies to acquire the forest. He recognized that development will occur; however, what is to be determined is the path that leads to the development. Mr. Corman voiced his support for the minority report. Councilwoman Briere explained that the Planning and Development Committee has reviewed this project over the years, and a development agreement exists between the City and SR 900 LLC. Thus, many of the issues have already been looked at. She pointed out that the project was originally going to be multi- storied apartment complexes, and now the proposal consists of substantial buffers surrounding single-family homes. Ms. Briere stated that the herons are acknowledged by making the project as small as it is. Councilman Clawson commented on the testimony received, noting that it was very confusing. He reviewed the law, and the court cases cited by the Hearing Examiner in his report. He detailed his interpretation of the WAC sections that pertain to these issues, and quoted WAC 197-11-330(5) "Threshold Determination Process," which is about whether an EIS is needed, and WAC 197-11-782 "Probable," which defines probable as "likely or reasonably likely to occur." Stating that not a lot is known about the herons, Mr. Clawson emphasized that it would be a significant environmental impact if some or all of the herons were to stop nesting in the forest, or if their productivity dropped. He added that there is uncertainty, the situation is unique, and it has not been studied. Councilwoman Briere stated that the testimony revealed a number of things that could affect the herons that might not have anything to do with this project. She pointed out that the rookery is surrounded on three sides with industry, and an office development is located within 500 feet. The subject project is located 1,000 feet away from the rookery, and is significantly smaller than some of the surrounding developments. She noted that the belief that this project would have more impact on the herons than what already exists near the site did not seem right. *MOTION TO ADOPT THE MAJORITY COMMITTEE REPORT. ROLL CALL: FOUR AYES: PERSSON, NELSON, LAW, BRIERE; THREE NAYS: CORMAN, CLAWSON, PALMER. MOTION CARRIED. (See later this page for related audience comment and page 399 for correspondence.) RECESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:30 p.m. The meeting was reconvened at 9:37 p.m.; roll was called; all Councilmembers present. November 8, 2004 Renton City Council Minutes Page 397 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: ” Beginning on Veterans Day, a new exhibit will be featured at the Renton Historical Museum commemorating the sacrifices of Renton's uniformed men and women during the World Wars. ” Valley Community Players will present the holiday comedy My Three Angels at Carco Theatre, from November 19th through December 12th. Call 425-226-5190 for information. ” Comment is invited on the draft Chinook Salmon Conservation Plan at an open house on November 16th at the Maplewood Golf Course Club House. The public review period runs from November 12th to December 16th. The draft plan can be accessed via King County's website at www.metrokc.gov. EDNSP: Federal Reserve Bank Branch, Locate to Renton Mayor Keolker-Wheeler announced that the Federal Reserve Bank has completed a purchase and sale agreement with Boeing to purchase 10.8 acres in the Longacres Office Park in Renton for a regional branch. The building is estimated to be 94,000 square feet and is scheduled to be completed in late 2007. She noted that the City will work hard to make sure the SW 27th St. and Strander Blvd. extension project is completed. AUDIENCE COMMENT Citizen Comment: Kerr - Habitat Preservation Georgina Kerr, 3834 S. 116th St., Tukwila, 98168, expressed the importance of habitat conversation, pointing out that salmon are a resource and they need an assured continuance of healthy water and good habitat. Noting that some communities do not value habitat, she stated that in the future people will come here from all over the world to see the salmon-filled rivers and the heron rookery. Additionally, Ms. Kerr stated that development does have negative effect on the habitat, and she encouraged the City to think about the future and the value of this resource. Citizen Comment: Johnson - Sunset Bluff Preliminary Plat Appeal, SR 900 LLC, PP-04- 002 Diane Johnson, 3042 Garlough Ave. SW, Seattle, 98116, stated that she works in Renton, and noted that the City's gateway sign on SW Grady Way depicts a heron. She explained that although she is not opposed to development, it is important that the development not disturb the heron colony at Black River Riparian Forest. Ms. Johnson described how much she enjoys the forest, and requested that the development's impact on the environment be studied, and that the developer mitigate impacts to the heron's habitat. She pointed out that the forest is an economic and natural asset for Renton. Citizen Comment: Krom - Sunset Bluff Preliminary Plat Appeal, SR 900 LLC, PP-04- 002 Susan Krom, PO Box 16155, Seattle, 98116, representing Herons Forever, expressed her disappointment in the Council's decision regarding the appeal of the Sunset Bluff Preliminary Plat. She stated that Herons Forever will now consider taking this matter to Superior Court. Ms. Krom explained that her efforts to protect the heron colony are so that future generations can enjoy this remarkable treasure, and pointed out that the population of this particular sub- species of heron is in decline. Citizen Comment: Ryan - Planned Action (Lakeshore Landing), Boeing Surplus Property Colin Ryan, 6715 S. 122nd St., Seattle, 98178, stated his support for the type of development that is going to be built on the surplus Boeing property. He stated that the project appears that it will become a core area rather than throughways such as the Southcenter area in Tukwila. He indicated that it is good to locate developments which combine retail, office, and residential near downtown areas, rather than just retail development. Mr. Ryan added that he also supports the protection of herons. November 8, 2004 Renton City Council Minutes Page 398 Citizen Comment: Mega - Habitat Preservation Matt Mega, 8050 35th Ave. NE, Seattle, 98115, representing Seattle Audubon, stated that many land use strategies were discussed during the WRIA 8 presentation to protect salmon habitat and water quality. He pointed out that retrofitting neighborhoods to meet this end is expensive, and it is more practical to employ these strategies prior to development. Mr. Mega explained that although it is challenging to balance private development and habitat preservation, it can be achieved, especially if Renton has high standards and demands high quality projects from developers. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL EXTEND THE AUDIENCE COMMENT TIME PERIOD TO ALLOW ONE MORE SPEAKER. CARRIED. Citizen Comment: Yepez - Sunset Bluff Preliminary Plat Appeal, Black River Channel Restoration Project Doris Yepez, 16444 SE 135th St., Renton, 98059, expressed her concern about the Sunset Bluff development near the Black River Riparian Forest. Additionally, she announced that she received a $28,349 King County waterworks grant to conduct restoration work on the south side of the Black River Channel off of Monster Rd. SW, between the Black River Pumping Station and the Monster Rd. Bridge. Ms. Yepez stated that the goal of the restoration project is to create a buffer from the street, and to provide shade and food sources for the salmon. She asked for the City's support with this project, and noted that a community outreach meeting will be held on November 16th. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of November 1, 2004 Approval of Council meeting minutes of November 1, 2004. Council concur. Public Works: Surplus of City- Owned Property, 901 Harrington Ave NE City Clerk reported bid opening on 10/26/2004 for the sale of old Fire Station #12, located at 901 Harrington Ave. NE; one bid; minimum acceptable bid $427,500; and submitted staff recommendation to sell the property to the bidder, Eric and Jie Haywood, in the amount of $427,500, plus excise tax. Council concur. Community Services: Edlund/Korum Property Lease & Caretaker Agreement, Leroy Coffman Community Services Department recommended approval of a three-year lease and caretaker's agreement with Leroy Coffman to perform caretaker duties and pay $500 in rent per month for the Edlund/Korum property on Carr Road, which the City purchased for future development of a park. Refer to Finance Committee. Annexation: Querin, Hoquiam Ave NE & SE 112th St Economic Development, Neighborhoods and Strategic Planning Department submitted 10% Notice of Intent to annex petition for the proposed Querin Annexation, and recommended a public meeting be set on 11/22/2004 to consider the petition; 10.14 acres located in the vicinity of Hoquiam Ave. NE, SE 112th St., and SE 114th Pl. Council concur. Annexation: Maplewood East, SE 136th St & 156th Ave SE Economic Development, Neighborhoods and Strategic Planning Department submitted 60% Notice of Intent to annex petition for the proposed Maplewood East Annexation, and recommended a public hearing be set on 11/22/2004 to consider the petition and R-4 zoning; 26.14 acres located in the vicinity of 152nd Ave. SE, 156th Ave. SE, and SE 136th St. Council concur. Rezone: Kennydale Elementary School, NE 28th St, R-8 to R-8(P) Hearing Examiner recommended approval of a rezone of a 6.68-acre site located at 1700 NE 28th St. from R-8 (Residential Single Family, eight dwelling units per acre) to R-8 with a P-suffix designation; R-04-101 (Kennydale Elementary School). Council concur. November 8, 2004 Renton City Council Minutes Page 399 MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Added CORRESPONDENCE Citizen Comment: Various - Sunset Bluff Preliminary Plat Appeal, SR 900 LLC, PP-04- 002 The following correspondence was read into the record in support for and protection of the Black River Riparian Forest habitat and heron colony, in relation to the appeal of the Sunset Bluff Preliminary Plat (PP-04-002): Donna Kostka, Grants Coordinator, Heron Habitat Helpers, 2420 30th Ave. W., Seattle, 98199; Glenn Herlihy, 2337 18th Ave. S., Seattle, 98144; Julia Chase, 8145 29th St. SW, Seattle, 98126; Nancy O'Neal, 390 Taylor Ave. NW, #401, Renton, 98055; Kevin Jones 3228 38th Ave. SW, 98126; Paula Crockett & Martin Gibbins, 5714 138th Pl. SE, Bellevue, 98006; and Stacie Finnelly, 2801 179th Ave. NE, Redmond, 98052. UNFINISHED BUSINESS Finance Committee CAG: 04-133, Gene Coulon Park Boat Launch Repair, Skaar Construction Finance Committee Chair Corman presented a report regarding the Gene Coulon Memorial Beach Park Boat Launch Repair Project (CAG-04-133). The Committee recommended concurrence in the staff recommendation that Council authorize the use of $69,097.71 in excess budget from completed projects, accept the low bid submitted by Skaar Construction, Inc. for the project, and authorize the Mayor and City Clerk to sign the contract in the amount of $119,379.71. 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 231615 - 232025 and one wire transfer totaling $2,566,851.04; and approval of Payroll Vouchers 54202 - 54436, one wire transfer, and 570 direct deposits totaling $1,795,529.43. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Committee EDNSP: 2004 Neighborhood Grant Program Community Services Committee Chair Nelson presented a report regarding the 2004 neighborhood grant projects (second round). The Committee concurred in the recommendation of staff to approve the following grant applications: 1. Emerald Garden Homeowners Association - Landscape around detention pond located on corner of Dayton Ave. NE and NE 20th St. ($5,547). 2. Falcon Ridge Homeowners Association - Landscape around exposed electrical boxes and add picnic tables to the common area ($1,182). 3. LaCrosse Homeowners Association - Improve two common area open spaces with the addition of benches, tables, and light landscaping ($2,787). 4. Maplewood Gardens Neighborhood Association - Develop small urban park within the neighborhood on public right-of-way at SE 11th St. ($2,870). 5. Monterey Terrace Neighborhood Association - Restore and upgrade the current entrance sign and landscaping ($6,269). 6. Talbot Hill Neighborhood Association - Landscape the area surrounding the neighborhood entrance sign at S. 17th St. and Talbot Rd. S. ($10,278). 7. Winsper Homeowners Association - Landscape the main entrance located at S. 32nd and Talbot Rd. S. ($8,181). 8. Honey Creek Ridge Homeowners Association - Plantings in seven traffic circles and adding two picnic tables within the common area ($1,437). The Committee also recommended approval to fund the following November 8, 2004 Renton City Council Minutes Page 400 administrative newsletter applications: 1. Maplewood Glen Neighborhood Association - Annual printing expenses for newsletter printed and hand delivered quarterly ($162). 2. Summerwind Homeowners Association - Annual printing and postal expenses for a quarterly newsletter ($216).* Councilwoman Nelson reported that this is the first year the City received grant requests exceeding the $50,000 budget; therefore, each of the associations received less money than they requested so that all eight projects could be funded. Additionally, she expressed her appreciation for the positive results of the Neighborhood Grant Program. *MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Airport: Pro-Flight Aviation Lease, Addendum #1, LAG- 99-002 Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve Addendum #1 to the Pro-Flight Aviation, Inc. Airport lease (LAG-99-002) to increase the leased area, allow for fuel storage and fuel sales to the public, and provide for an increase in the ground rental rate using the Consumer Price Index for Urban Seattle. The ground lease rate increases from $0.3066 per square foot to $0.3287 per square foot, increasing the annual ground lease revenue from $9,342.41 to $11,700.08. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease addendum with Pro-Flight Aviation, Inc. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND ORDINANCES The following ordinance was presented for first reading and referred to the Council meeting of 11/15/2004 for second and final reading: Planning: Planned Action (Lakeshore Landing), Boeing Surplus Property An ordinance was read designating a Planned Action for the Lakeshore Landing development, approximately 55 acres located between Logan Ave. N. to the west and Garden Ave. N. to the east, N. 8th St. to the south, and east of the Boeing manufacturing operations on the west. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/15/2004. CARRIED. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 10.23 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 8, 2004