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HomeMy WebLinkAbout03-21-05 RENTON CITY COUNCIL Regular Meeting March 21, 2005 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 TERRI BRIERE, Council President; MARCIE PALMER; DON PERSSON; TONI NELSON; DAN CLAWSON; DENIS LAW. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. 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; RYAN ZULAUF, Airport Manager; SANDRA MEYER, Transportation Systems Director; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planner Manager; JUDGE TERRY JURADO, Municipal Court; JOE MCGUIRE, Municipal Court Services Director; DEREK TODD, Assistant to the CAO; COMMANDER FLOYD ELDRIDGE, Police Department. SPECIAL PRESENTATIONS Airport: Compatible Land Use Program, WSDOT Aviation Star of the Year Award John Sibold, Director of Aviation with the Washington State Department of Transportation presented the City with the 2004 "Aviation Star of the Year" award for its Airport Compatible Land Use Program. Mr. Sibold read a letter from the Secretary of Transportation, Douglas B. MacDonald, thanking the City for its effort to protect the Airport for future generations. Noting the increasing development pressures around airports, Secretary McDonald indicated that it takes vision and courage to protect airports as essential public facilities. The letter concluded by applauding the City for implementing a comprehensive plan that recognizes the value of the Renton Airport to the State and local economies, and thanking the Planning Commission, Council, City staff and citizens for their efforts in developing the program. Councilman Persson and Mayor Keolker-Wheeler expressed their appreciation to City staff members Ryan Zulauf, Sandra Meyer, and Elizabeth Higgins, and to Councilmember Palmer for all their hard work on the program. Municipal Court: 2004 Annual Report Municipal Court Services Director Joe McGuire and Municipal Court Judge Terry Jurado presented the 2004 annual report of the Renton Municipal Court. Mr. McGuire reported on the Washington State Supreme Court's ruling regarding the driving while license suspended statute, and on the resulting negative effect of this decision on the Municipal Court's revenue. He noted that legislation has been introduced to address this matter, and if passed, the changes felt in the criminal justice system as a result of the ruling will be reversed by the end of 2005. Mr. McGuire noted some personnel changes, which included the elimination of a Judicial Specialist position, the reclassification of a Judicial Specialist to a Judicial Specialist/Trainer, and the addition of a Probation Clerk position. He reviewed the court's revenues and expenditures for 2004, noting the revenue shortfall of $122,500 and the expenditure savings of $82,828. Mr. McGuire emphasized that the court uses its resources in the best way possible, and continues to find ways to be more efficient. March 21, 2005 Renton City Council Minutes Page 92 Continuing, Judge Jurado reported that another factor negatively affecting court revenues is a decision of the Washington State Judicial Ethics Advisory Committee regarding the collection of costs as a result of agreements with defendants. Due to the decision that the costs collection is unlawful, he noted that the agreements are no longer possible. Judge Jurado also reviewed the reasons for his finding that a portion of Renton's criminal trespass ordinance is unconstitutional. Responding to Mayor Keolker-Wheeler's inquiries, Judge Jurado described the traffic infraction calendar process, and explained the reasons why domestic violence cases are dismissed. PUBLIC HEARING Planning: Critical Areas Ordinance 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 Renton's Best Available Science critical areas regulations and Shoreline Master Program Growth Management Act integration proposal. Lisa Grueter, consultant with Jones & Stokes Associates, stated that the purpose of the proposal is to meet Growth Management Act (GMA) and Shoreline Management Act (SMA) mandates, as well as Renton's Comprehensive Plan and goals for critical area protection, taking into consideration Renton's urban and environmental context. She noted that the City's protection of critical areas is multifaceted, and includes City ownership of some sensitive lands, regional collaboration with other jurisdictions, capital improvement programming, and critical area regulations. Ms. Grueter reviewed the City's current regulations, and listed the steps that have been taken so far in the development of the proposal. In regard to the State requirements, Ms. Grueter explained that the GMA requires protection of the following critical areas: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. GMA also requires the use of Best Available Science (BAS) in City policies and regulations, which is defined as the use of information generated from a valid scientific process. The SMA requires that the Shoreline Management Program (SMP) be a part of the Comprehensive Plan, and that the City provide equivalent protection for shorelines of the State. She pointed out that the City must be able to demonstrate how BAS has been included in its plans and regulations. Ms. Grueter then reviewed the four main components of the City's proposal. 1. BAS Review. Ms. Grueter relayed that consultants conducted BAS literature reviews for both streams and wetlands. Additionally, an example code comparison was conducted on aquifer recharge, flood hazards, geologic hazards, and procedures. 2. Policy Amendments. Ms. Grueter noted the movement of the SMP policies to the Comprehensive Plan land use and environment elements. She also noted the addition of two shoreline topics, and the restructuring of the shoreline use priority policies. Ms. Grueter indicated that the environment element is the City's main focus, with its rivers and stream policies and floodplain policies. March 21, 2005 Renton City Council Minutes Page 93 3. SMP Map Amendments. Ms. Grueter explained that the amendments address the map and text inconsistencies on the Black River, address the unclassified areas on the Cedar River, and clarify interpretation of aquatic environments. 4. Regulation Amendments. In regard to streams, Ms. Grueter stated that a stream classification system, stream buffers, and stream mitigation standards are proposed with the following principles: no net loss of stream function; inner and outer buffers (standard un-enhanced buffers and reduced buffers with enhancements); and standard and flexible review processes. She then reviewed the class system for water types as follows: Class 1 - Shorelines of the State (Salmonid Bearing) - Lake Washington, May Creek, Cedar River, Black River, Springbrook Creek. Class 2 - Salmonid Bearing Stream - Examples are portions of Honey Creek, Maplewood Creek, and Panther Creek. Class 3 - Year Round, Non-Salmonid Bearing - Examples are Kennydale Creek, and Rolling Hills Creek. Class 4 - Intermittent, Non-Salmonid Bearing - Examples are portions of Maplewood Creek and Gypsy Creek. Class 5 - Artificial, Non-Salmonid Bearing - Where no natural channel existed before. For the critical areas regulations, Ms. Grueter illustrated the processes for the different regulations and stream types using flow charts. She pointed out that Class 1 is different because it is in the SMP, and therefore administrated differently since it is a shared responsibility with the State. There are no shoreline exemptions in Class 1; some are exempt from a permit but none are exempt from the requirements. Additionally, Ms. Grueter used examples of already developed sites to further illustrate the processes. Continuing with the regulation amendments, Ms. Grueter explained that for the wetlands approach, the regulations retain the current wetland class system; retain standard buffers, but require that all proposals review whether criteria are met for increased buffers; and modify some exemptions to reduce potential for cumulative impacts. She reported that consultant Parametrix who conducted the initial BAS review, also assessed the characteristics of 17 representative wetlands in Renton and its Potential Annexation Area, and compared the City's and the Department of Ecology's differing methods of classifying wetlands and establishing buffers to protect existing functions and values. Ms. Grueter stated that the consultant determined that the City's classification system - together with its buffer requirements, its process to determine whether there is criteria that shows when a wider than standard buffer is appropriate, and its other code requirements - is sufficient to protect functions and values of wetlands in the City. She noted that minor regulation amendments are also proposed for the other critical areas. Moving on, Ms. Grueter stated that comments were received over time from State agencies, interest groups, and property owners. Responses to the comments included pointing out the flexibility of the regulations, or recommending additional supplemental amendments. She noted that the responses and supplemental recommendations concerned: existing and new development and streams and lakes, criteria for Class 1 water buffer reduction, March 21, 2005 Renton City Council Minutes Page 94 wetland exemption, wetland buffers, wildlife habitat, and other housekeeping and clarification changes. In conclusion, Ms. Grueter reported that the next steps are for the Planning and Development Committee to consider the comments from the public hearing, and then present its recommendations to the full Council in April. She pointed out that the State needs to approve the shoreline amendments; therefore, they will not immediately go into effect. Alex Pietsch, Economic Development Administrator, said 1) the City is responding to the State's requirement to update the critical areas regulations, and 2) the City has taken an approach to balance the goals of protecting the shorelines and wetlands with the Growth Management Act, as development in urban areas needs to continue. Public comment was invited. Correspondence was read from John Mauro, Livable Communities Coalition Director, 1617 Boylston Ave., Suite 201, Seattle, 98122, suggesting five major improvements to the critical areas ordinance update concerning strengthening wetland protection, strengthening stream and riparian area protection, improving fish and wildlife habitat conservation areas protection, imposing substantive penalties for violations, and incorporating the "precautionary principle" that states that conservation planning should err on the side of protecting too much rather than protecting too little. Jerry Brennan, 3405 Lake Washington Blvd. N., Renton, 98056, stated that he is one of many affected by the proposed change in buffers from 25 to 100 feet, and noted that BAS has changed over the approximately five years in which he has been trying to install a dock. He asked that Council not conduct second and final reading of the ordinance earlier than April 11th to allow him time to complete his project. Chuck Pillon, 15753 SE Renton-Issaquah Rd., Renton, 98059, stated that he is a 24-year veteran of law enforcement and has studied the public safety issues affected by BAS. He indicated that large woody debris in rivers and streams is supported by BAS, and he expressed concerns regarding the potential hazards of these debris installations to swimmers, and the potential risks to governmental entities. Mr. Pillon suggested that caution be used when applying BAS, especially when it affects public safety. Becky Stanley, Conservation Chair for the Cascade Chapter of the Sierra Club, 4108 48th Ave. S., Seattle, 98118, stated that Renton's critical areas ordinance does not adequately protect water quality, and she expressed concerns about the following: 1) the exemption from protection of all wetlands less than 2,200 square feet, 2) the protection of only three categories of habitat for fish and other wildlife, and 3) the stream and wetland buffers are not defensible as BAS. David Halinen, 10500 NE 8th St., Suite 1900, Bellevue, 98004, expressed his opposition to the proposed changes to eliminate the Class 2 wetland exemption and to reduce the Class 3 wetland exemption. He indicated that conceptually, the smaller wetlands have a relatively de minimis effect on the environment, and the current exemptions were carefully considered and balanced with property rights issues. If the changes are made as recommended, Mr. Halinen suggested that at a minimum, a 1,000 foot exemption for Class 2 wetlands be allowed. Jim Bonwell, 9616 146th Ave. SE, Renton, 98055, stated that his property March 21, 2005 Renton City Council Minutes Page 95 contains a Class 1 stream and salmon, and a wetland is located to the east of his property. He expressed concerns regarding the way property is developed, and described the effect a nearby horse farm has on a wetland located downstream from it. Mr. Bonwell pointed out that people must pay attention to how their property maintenance and development practices affect the water quality, habitat, and vegetation on his and other properties. In response to Councilman Clawson's inquiry regarding large woody debris, Andy Kindig, consultant with A.C. Kindig & Co., stated that the placement of woody debris usually has to do with a restoration project, which is not within the confines of the critical areas ordinance. Mr. Clawson indicated that characterizing the critical areas ordinance as an endangerment to children who swim is unreasonable. Councilman Persson stated that if someone is already in the process of obtaining a permit, the old rules still apply. City Attorney Larry Warren said that is generally true; however, depending on whether the development regulations or the environmental regulations are involved, an exception could be raised. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. APPEAL Appeal: Sunset Bluff Preliminary Plat, SR 900 LLC & Herons Forever, PP-04-002 Planning and Development Committee Chair Clawson presented a report regarding the appeals filed by SR 900 LLC and Herons Forever on the Sunset Bluff Preliminary Plat (PP-04-002). The Committee heard this appeal on 3/17/2005. After reviewing the record, the written presentations by both parties, and having heard oral argument, the Committee found that there were no substantial errors in fact or law and recommended that the full Council affirm the Hearing Examiner's decision with the following clarifications: 1. The Hearing Examiner at conclusion #9 on page 22 of his report and recommendation urged the City Council to deny the plat because it does not take advantage of the natural amenities of the site in a suitable fashion and does not do nearly enough to attempt to protect the nearby Heron colony from the proposed plat development impacts. However, the Hearing Examiner in his recommendation suggests that if the Council approves the plat, certain conditions should be applied. The plat should be approved according to the conditions set forth in the Hearing Examiner's report and recommendation as set forth in conditions 1-15 on pages 22 and 23. 2. There is some confusion about the fencing. Fencing is recommended in item 9 of the conditions to the Hearing Examiner's recommendation and again in item 12 of the Hearing Examiner's conditions. These two conditions can be satisfied by two fences, one separating the residences from the drainage pond, and a second fence at the toe of the slope at the property line between the subject property generally to the south. 3. Recommendation #4 on page 2 of the Hearing Examiner's report should be amended to read: "The applicant shall hydroseed any open space with native forbs, shrubs, wildflowers, trees, and shrubs. This will help reduce the temporal impact of the clearing, by planting materials that already have some size to them. This will also introduce trees back into the mix, which are necessary for adequate buffering. Trees in the mix should also help stabilize the steep, regraded slope. The plantings should be monitored for a minimum of five to ten years to ensure that they are established. Plants that do not survive should March 21, 2005 Renton City Council Minutes Page 96 be replanted. The plant mix should contain a mix of both deciduous trees (for heron nest materials) and coniferous (for screening)." MOVED BY CLAWSON, 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 2005 and beyond. Items noted included: ” The public is invited to learn about Renton's publicly-funded entities during a State of the Community event beginning at 6:00 p.m. on March 29th, at the Renton IKEA Performing Arts Center. This free event will showcase the City of Renton, Renton Technical College, Renton School District, and Valley Medical Center. One representative from each entity will present plans for 2005 and beyond, explain their funding sources, detail a few challenges, and recount some accomplishments. ” The Renton Community Resource Telephone Directory is now available in Cambodian, Chinese, English, Korean, Laotian, Punjabi, Russian, Somali, Spanish, Tagalog, and Vietnamese. AUDIENCE COMMENT Citizen Comment: Various - R- 1 Zone Community Separators Shirley Andrews, 9606 143rd Ave. SE, Renton, 98055; Thomas Foster, 6450 Southcenter Blvd., #106, Seattle, 98188; Jean Rollins, 9605 143rd Ave. SE, Renton, 98059; Andrew Duffus, 9605 143rd Ave. SE, Renton, 98059; and Debra Rogers, 5326 NE 22nd Ct., Renton, 98059; expressed appreciation for the City's work on the R-1 zone community separators, and urged Council to advance the subject ordinance to second and final reading this evening. Citizen Comment: Baker - Gene Coulon Park Hydroplane Race Lenny Baker, 20224 81st Ave. W., Edmonds, 98026, submitted a letter to the Council and said he represents Seattle Drag & Ski Sprint Boat Association, a not-for profit organization, which will hold a limited hydroplane race at Gene Coulon Memorial Beach Park on April 30th and May 1st. Mr. Baker indicated that there is lot of public interest in this event, and he described how Renton will economically benefit from the race. Mr. Baker also reviewed how the association organizes the event, and the measures that are taken to protect the racers and spectators, both in the water and on land. Citizen Comment: Krom - Sunset Bluff Preliminary Plat Appeal, SR 900 LLC & Herons Forever, PP-04-002 Suzanne Krom, President of Herons Forever, PO Box 16155, Seattle, 98116, thanked Council for its decision on the Sunset Bluff Preliminary Plat appeal. RECESS MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:14 p.m. The meeting reconvened at 9:21 p.m.; roll was called; all Councilmembers present except Corman, previously excused, and Clawson. Councilman Clawson arrived at 9:23 p.m. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of March 14, 2005 Approval of Council meeting minutes of March 14, 2005. Council concur. Appeal: Ridgeview Court Preliminary Plat, Cliff Williams, PP-04-131 City Clerk reported appeal of Hearing Examiner's recommendation on the Ridgeview Court Preliminary Plat (PP-04-131); appeal filed by Sean K. Howe, 524 2nd Ave., Suite 500, Seattle, 98104, representing Cliff Williams of March 21, 2005 Renton City Council Minutes Page 97 Ridgeview Court, LLC on 3/7/2005, accompanied by required fee. Refer to Planning and Development Committee. Vacation: Walkway, NW 6th St & Rainier Ave N, VAC-05- 002 City Clerk submitted petition for vacation of portion of unimproved road (walkway) between NW 6th St. and Rainier Ave. N.; petitioner Jack D. Alhadeff, 95 S. Tobin St., #201, Renton, 98055 (VAC-05-002). Refer to Planning/Building/Public Works Administrator; set public hearing on 4/18/2005 to consider the petition. (See page 99 for resolution setting public hearing.) Community Services: Henry Moses Aquatic Center Fees Community Services Department recommended approval of an ordinance setting new fees and increasing fees at the Henry Moses Aquatic Center. Council concur. (See page 100 for ordinance.) Community Services: Heather Downs Park Development Architectural Services, JA Brennan Associates Community Services Department recommended approval of a contract in the amount of $167,148 with J.A. Brennan Associates, PLLC for Heather Downs Park development architectural design services. Council concur. Lease: Eoscene, 200 Mill Building (4th & 6th Floors), LAG-02-003 Community Services Department recommended approval of an amendment to the lease with Eoscene Corporation (LAG-02-003) for space of the 4th and 6th floor of the 200 Mill Building for additional space and a lease term extension through 6/30/2010. Refer to Finance Committee. Plat: Laurelhurst Phase 1, Duvall Ave NE, FP-04-160 Development Services Division recommended approval, with conditions, of the Laurelhurst Phase 1 Final Plat; 69 single-family lots on 15.7 acres located on the west side of Duvall Ave. NE at NE 2nd St. (FP-04-160). Council concur. (See page 99 for resolution.) Planning: 2004 Countywide Planning Policies Amendments Economic Development, Neighborhoods and Strategic Planning Department recommended adoption of a resolution ratifying the 2004 amendments to the Growth Management Planning Council's Countywide Planning Policies. Council concur. (See page 99 for resolution.) Annexation: Maplewood Addition, Maple Valley Hwy Economic Development, Neighborhoods and Strategic Planning Department submitted 60% Notice of Intent to annex petition for the proposed Maplewood Addition Annexation, and recommended a public hearing be set on 4/4/2005 to consider the petition and R-8 zoning; 60.5 acres bounded by Maple Valley Hwy. and the Cedar River. Council concur. Plat: Barbee Mill, Lake Washington Blvd N, PP-02- 040 Hearing Examiner recommended approval, with conditions, of the Barbee Mill Preliminary Plat; 115-lot subdivision on 23 acres intended for townhouse units located at 4201 Lake Washington Blvd. N. (PP-02-040). Council concur. Solid Waste: Garbage Ordinance Revisions Legal Division recommended approval of revisions to the garbage ordinance to clarify and add definitions, to make garbage collection mandatory with certain limited exceptions, to add and clarify violations, and to criminalize violations. Refer to Utilities Committee. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Citizen Comment: Chamberlin & Halinen - Ridgeview Court Preliminary Plat Appeal, Cliff Williams, PP-04-131 City Attorney Warren advised that the following letters regarding the appeal of the Ridgeview Court Preliminary Plat (PP-04-131) may contain information that is outside the record that was before the Hearing Examiner. The correspondence may be referred; however, it may or may not be able to be considered when it comes before the Planning and Development Committee and the full Council. Letters were entered from Kevin Chamberlin, Highlands Post Office Station Manager, 17200 116th Ave. SE, Renton, 98059, and from David L. Halinen, March 21, 2005 Renton City Council Minutes Page 98 Halinen Law Offices, P.S., 10500 NE 8th St., Suite 1900, Bellevue, 98004. With the understanding that the Planning and Development Committee may or may not be able to consider them, it was MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE TWO ITEMS OF CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Committee Development Services: Trench Restoration & Street Overlay Requirements Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve amending City Code 9-10-11, Trench Restoration and Street Overlay Requirements and standard details. The amendments will establish guidelines for the restoration of City streets disturbed by installation of utilities and other construction activities, and will apply to any public or private utilities, general contractors, or others permitted to work in the public rights-of-way. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 100 for ordinance.) Transportation: SR-169 Corridor Improvements, Supporting Legislative Funding Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve a resolution for the purpose of supporting the SR-169 Improvement Consortium's efforts to obtain State legislative funding as part of the SR-169 Corridor improvements in the amount of $4 million to be completed as funding becomes available. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 100 for resolution.) Streets: Sunset Blvd N, NE Sunset Blvd & Houser Way Tunnel Temporary Closures Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation for the temporary lane closures of Sunset Blvd. N. and NE Sunset Blvd. and the temporary full closure of the Houser Way Tunnel and Sunset Blvd. NE. The Committee further recommended that: • "Notice of Traffic Revision/Construction" signs be erected at key intersections at least two weeks prior to construction to give motorists advanced notice of potential delays and alternate routes. • Modify traffic signal timing to minimize traffic delays. • Work with the Renton Police Department to provide increased patrol car visibility surrounding the construction area and along its posted detour routes. • Inform the public of the closures and detour routes through mail flyers, community meetings and events, and local news media. • Coordinate closures with affected businesses such as PACCAR and the Renton School District. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption.* Councilwoman Palmer stated that the closures are for infrastructure improvements for the Highlands area, and information about the closures is March 21, 2005 Renton City Council Minutes Page 99 being dispersed throughout the community. *MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 100 for resolution.) Utilities Committee Public Works: Cedar River Broodstock Collection (Sockeye Hatchery) Facility, Seattle Public Utilities Project Utilities Committee Vice Chair Clawson presented a report regarding the broodstock collection facility. The Committee recommended concurrence in the recommendation to approve the I-405 site as the best location for a broodstock collection facility within Renton City limits provided that the following issues can be negotiated to the satisfaction of the City: • Seattle Public Utilities (SPU) provides adequate mitigation for impacts of construction and operation of the broodstock facility on City lands and activities, including, but not limited to, impacts on spawning behavior, parks use, aesthetics, surface water, recreation, public safety, riparian habitat, Parks Master Plan, and Narco Rd. maintenance. • Washington State Department of Fish and Wildlife modifies the Hydraulic Project Approval for the dredging project to address potential impacts from the broodstock facility on the City's mitigation requirements. • SPU supports future maintenance dredging and provides monitoring for fish activity at and below the broodstock facility. Upon Council concurrence with this recommendation, staff will pursue negotiations with SPU regarding permitting and construction of the broodstock facility at the I-405 site. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND ORDINANCES The following resolutions were presented for reading and adoption: Resolution #3742 Vacation: Walkway, NW 6th St & Rainier Ave N, VAC-05- 002 A resolution was read setting a public hearing date on 4/18/2005 to vacate a ten- foot wide platted walkway approximately 187 feet in length, connecting NW 6th St. to Rainier Ave. N. (Jack D. Alhadeff, JDA Group; VAC-05-002). MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3743 Plat: Laurelhurst Phase 1, Duvall Ave NE, FP-04-160 A resolution was read approving the Laurelhurst Phase 1 Final Plat; approximately 15.7 acres located in the vicinity of Duvall Ave. NE, west of NE 2nd St. (FP-04-160). MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3744 Planning: 2004 Countywide Planning Policies Amendments A resolution was read ratifying the 2004 amendments to the Growth Management Planning Council's Countywide Planning Policies. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3745 Streets: Sunset Blvd N, NE Sunset Blvd & Houser Way Tunnel Temporary Closures A resolution was read authorizing the temporary closure of the northbound lanes of Sunset Blvd. N. (N. 3rd St. to I-405), the Houser Way Tunnel, and the eastbound lanes of NE Sunset Blvd. (Sunset Blvd. NE to Harrington Ave. NE.); and temporary total closure of portions of Sunset Blvd. NE. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3746 Transportation: SR-169 Corridor Improvements, Supporting Legislative A resolution was read supporting legislative funding from the 2005 Washington State Legislature for certain road improvement projects on SR-169 to significantly increase the level of service. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS March 21, 2005 Renton City Council Minutes Page 100 Funding READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 4/4/2005 for second and final reading: Community Services: Henry Moses Aquatic Center Fees An ordinance was read amending Chapter 5-1, Fee Schedule, of Title V (Finance and Business Regulations) of City Code by setting Henry Moses Aquatic Center pass card rates and canopy rental fees. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2005. CARRIED. Development Services: Trench Restoration & Street Overlay Requirements An ordinance was read amending Section 9-10-11 of Chapter 10, Street Excavations, of Title IX, Public Ways and Property, of City Code by revising trench restoration and street overlay requirements. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2005. CARRIED. Planning: R-1 Zone Community Separators An ordinance was read amending Chapter 4-2, Zoning Districts - Uses and Standards, Chapter 4-3, Environmental Regulations and Overlay Districts, Chapter 4-4, Citywide Property Development Standards, Chapter 4-6, Street and Utility Standards, and Chapter 4-11, Definitions, of Title IV (Development Regulations) of City Code to amend the R-1 residential low density zone in order to regulate clustered development and create an urban separator overlay designation.* Councilman Clawson acknowledged the requests to advance this ordinance for second and final reading; however, he noted that ordinances are not advanced unless there is a critical reason for doing so. *MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2005. CARRIED. NEW BUSINESS Police: Criminal Trespass Ordinance Responding to Councilman Persson's inquiry regarding the necessity of reviewing the City's criminal trespass ordinance since the Municipal Court Judge found a portion unconstitutional, City Attorney Warren pointed out that City Code contains a reference in its criminal code to the State trespass ordinance. Therefore, Renton does have a current, valid and enforceable trespass ordinance. He relayed that the ordinance the Judge found to be illegal is contained in another part of City Code. School District: Activities Councilwoman Nelson reviewed the various announcement, events, and activities of the Renton School District, including: the qualification of three Renton High School speech and debate team members to compete at the National Forensic League tournament in Philadelphia, the qualification of more than 300 students at Nelson Middle School for induction in the National Junior Honor Society, and the nomination of five Renton High School students for the 2005 Diversity Makes a Difference awards. ADJOURNMENT MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:46 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann March 21, 2005