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HomeMy WebLinkAbout06-06-05 RENTON CITY COUNCIL Regular Meeting June 6, 2005 Council Chambers Monday, 7:35 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; DENIS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN; DON PERSSON; 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; ALEX PIETSCH, Economic Development Administrator; BEN WOLTERS, Economic Development Director; DENNIS CULP, Community Services Administrator; COMMANDER TIM TROXEL, Police Department. SPECIAL PRESENTATION EDNSP: Storefront Studio Program (University of Washington), Downtown Renton Alex Pietsch, Economic Development Administrator, explained that Storefront Studio is a program that allows University of Washington's College of Architecture and Urban Planning students to bring a fresh perspective for how downtown Renton can look, feel, and function in the future. Jim Nicholls, Professor of Architecture, stated that students worked with local business and property owners to identify the assets of the downtown area and to develop design proposals and guidelines to assist the community in preserving and developing downtown Renton's unique character. Professor Nicholls stated that four principal concepts were identified and developed over the course of this effort: 1) connecting greenways through the City, 2) activating the interior courtyards in old downtown, 3) revitalizing elevations and facades, and 4) envisioning renewed buildings. Professor Nicholls, and students Mary Ellen Olafson and Emily Schaefer, discussed suggested improvements, the concept of recycling rather than tearing down and starting over or restoring to the original look, the community-wide open houses that were held, and the positive reception of the effort by community members. Images of the transformations were displayed, showing structures and areas as they look now and how they can look in the future. In conclusion, Mr. Nicholls suggested the City revise its sign code to allow for more creative signage, and develop bike paths in the downtown area. The Councilmembers and Mayor commented on the ideas they favored, such as the courtyards, creative signage, and lighting. Mayor Keolker-Wheeler indicated that she had challenged the students at the beginning of the project to develop ideas that were achievable and accomplishable. She encouraged all Councilmembers to view the materials developed by the students, and suggested displaying some of the materials at City Hall. 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: ” Thanks to the generosity of service groups and City of Renton employees, since April of this year, the City has been able to award 61 scholarships June 6, 2005 Renton City Council Minutes Page 203 totaling $3,500 to low-income children and adults to participate in City- sponsored activities. ” The Renton Clean Sweep Program will continue with individual neighborhood clean ups on the weekends of June 11th/12th and June 18th/19th. The City held its first Stop & Swap event on June 4th, and its Spring Recycling Day event on May 14th. Public Safety: Calling 911 Mayor Keolker-Wheeler advised citizens to report suspicious activities by calling 911 at the time of the event instead of waiting until days later to report the incident. AUDIENCE COMMENT Citizen Comment: DeMastus - Pit Bull Dogs Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98056, reported that two pit bull dogs attacked her neighbor last Friday, that two weeks ago the same dogs attempted to attack another neighbor, and that a number of pit bulls live in the Highlands area. Ms. DeMastus asked that the City consider banning pit bulls, as has been done in other cities. Stating that an ordinance regulating dangerous dogs was adopted in 2002, Councilman Clawson reviewed the process by which incidents are handled by the Police Department. He encouraged residents to report any occurrences. In response to Councilman Corman's inquiry regarding the possibility of prosecuting the animal owner if someone is hurt or killed, City Attorney Larry Warren indicated it is possible to prosecute that type of case; however, a substantial record must be established that shows knowledge or reckless disregard for public safety. He noted the importance of showing a history when prosecuting cases, and the importance of reporting incidents. Mayor Keolker-Wheeler stated for the record that the two pit bulls are in custody. Citizen Comment: Claeys - Stonehaven Development, Use of Sundance at Talbot Ridge Private Water Detention Facility Susan Claeys, Sundance at Talbot Ridge Homeowners Association President, 4708 Smithers Ave. S., Renton, 98055, stated that Sundance is an 18-lot subdivision located on the corner of S. 47th St. and Smithers Ave. S. The subdivision contains a privately owned wet vault. Ms. Clay pointed out that drainage from the heavily forested area located above Sundance was factored into the design of its wet vault, and that wetlands also appear to drain through the forested area into the wet vault. She reported that the builder of Stonehaven, a 36-lot development currently in the permitting process located southeast of Sundance, plans to connect four homes and a portion of street to Sundance's wet vault. Ms. Claeys expressed the following concerns: 1) Will the four new homeowners accept the same financial obligations and responsibilities for the maintenance of the wet vault as the Sundance residents have? 2) Was the drainage from the wetlands factored into the original calculations that determined the size of the wet vault? MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL ALLOW THE SPEAKER THREE ADDITIONAL MINUTES FOR HER COMMENTS. CARRIED. Ms. Claeys continued with her concerns as follows: 3) How many other homes will Renton allow to connect to Sundance's wet vault? 4) Why did the builder not have to seek permission from Sundance to use the wet vault? 5) How can Renton compel the developer of Sundance to have the residents pay for the maintenance of the private wet vault, but not have future homeowners who connect to the vault pay their share? 5) How will Renton determine negligence June 6, 2005 Renton City Council Minutes Page 204 in connection to Sundance's wet vault if homes outside of the development are connected to the vault? Ms. Claeys relayed that she was told this is a unique situation, and countered that a unique solution is required that is fair and equitable for all concerned. Gregg Zimmerman, Planning/Building/Public Works Administrator, explained that subdivisions are held to the City's current surface water standards. In this vicinity, the City generally adds a requirement to contain the 100-year storm, and because of the added impervious surface, subdivisions must have detention ponds and water quality vaults. The City requires that engineers characterize the entire sub-basin to make sure that the water detention system is sized not only to handle the added impervious surface, but also any other drainage that is naturally occurring in the sub-basin. Mr. Zimmerman noted that the Sundance wet vault was sized in this manner. He reported that the City also requires developers to establish restrictive covenants requiring the established homeowners association to pay for the maintenance and operation of these facilities. Regarding the Stonehaven development, Mr. Zimmerman stated that a homeowners association will be established, and residents will be required to provide maintenance and upkeep of Stonehaven's water detention facility. However, due a slope, four lots and a portion of street will not be able to drain into this system. He pointed out that this is not a unique situation, and there are situations throughout the City where existing drainage from new subdivisions go through existing systems, most of which are public, but portions of the system are private. Mr. Zimmerman indicated that he will further investigate Ms. Claeys concern regarding the wetland drainage into Sundance's wet vault. Continuing, Mr. Zimmerman explained that the City does not get involved with the individual arrangements of homeowners associations. Pointing out that the future owners of the subject four lots will eventually pay dues to their homeowners association, he recommended that once the association is established, that the two affected associations discuss the issue and come to an arrangement regarding Sundance's water detention facility. Mr. Zimmerman assured that Sundance's facility is sized to handle the modest flow from the four lots and pavement, and there is no added danger or risk. Councilman Clawson noted that water goes where it goes, especially in areas that have not yet been developed. He indicated that one of the problems with development is that impermeable surface is created. Mr. Clawson stated that he wants the City to encourage builders to retain more of the water on the property. Responding to Council President Briere's inquiry, Mr. Zimmerman stated that he will find out why the water detention facility for the Stonehaven development was located at that particular place. Councilman Persson inquired as to how the City can give permission to a developer to hook-up to an already existing private water detention facility. Mr. Zimmerman explained that the associated public roadways also drain to the facilities; thus a homeowners association maintains a mixture of public roadways and a facility. He pointed out that the drainage does not connect directly into the facility, but uses existing public conveyance pipes. Councilman Corman questioned why an additional wet vault was not created to handle the four lots. He expressed concern that the City is trying to get private parties to take on the long-term maintenance of the water detention facilities. Mr. Corman noted the dilemma of the City requesting homeowner associations June 6, 2005 Renton City Council Minutes Page 205 to maintain the facilities, yet outside parties are allowed to hook-up to the systems. Mayor Keolker-Wheeler stated that the Administration will review the matter and provide additional information. City Attorney Warren noted that the legal issues related to this matter are complicated. Citizen Comment: High - Swap & Stop Event, Sewer Moratorium in East Renton Plateau PAA Gwendolyn High, 13405 158th Ave. SE, Renton, 98059, praised the Clean Sweep Renton program's Stop and Swap event held on June 4th. On another subject, Ms. High stated that the Citizens' Alliance for a Responsible Evendell requested the sewer moratorium in the East Renton Plateau potential annexation area as the community is considering the possibility of annexation to Renton. She inquired as to what is deemed a complete application for sewer certificate for two milestones in the sewer concurrency certification application process, vesting and granting. Mayor Keolker-Wheeler noted the complexity of the issue and indicated that the Administration will provide an answer within the next few days. (See page 208 for resolution.) Citizen Comment: Hoben - Renton Farmers Market Nancy Hoben, 17434 128th Ave. SE, Renton, 98058, announced that the Renton Farmers Market opens on June 7th. Ms. Hoben explained that the market's goal is to not only support the smaller farmers and producers of goods, but to also be a community event. She reported that in addition to the regularly scheduled Master Gardener Clinics, Arts and Crafts Kids Booth, and Chef's Demonstrations, the Cascade Kids Circus and the Finnish Dancers will perform at the June 7th market. Citizen Comment: Brehmer - Sewer Moratorium in East Renton Plateau PAA Theresa Brehmer, Bennett Development, 12011 NE 1st St., Bellevue, 98005, stated her support for Care's (Citizens' Alliance for a Responsible Evendell) annexation effort. However, she expressed concern that CARE will use the proposed sewer moratorium in the East Renton Plateau potential annexation area as a means to stop growth in the area if the moratorium is not linked to a possible annexation election this fall. She asked that extensions to the sewer moratorium not be allowed. (See page 208 for resolution.) RECESS MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:58 p.m. The meeting was reconvened at 9:03 p.m.; roll was called; all Councilmembers present. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilman Clawson, item 6.i. was removed for separate consideration. Council Meeting Minutes of May 23, 2005 Approval of Council meeting minutes of May 23, 2005. Council concur. CAG: 05-054, Fire Station #11 HVAC Replacement, McKinstry Co City Clerk reported bid opening on 5/17/2005 for CAG-05-054, Fire Station #11 HVAC Replacement; three bids; engineer's estimate $50,000; and submitted staff recommendation to award the contract to the low bidder, McKinstry Co., in the amount of $59,523. Council concur. CAG: 04-116, Gene Coulon Park Gangway Improvements, American Civil Constructors Community Services Department submitted CAG-04-116, Gene Coulon Memorial Beach Park Gangway Improvements; and requested approval of the project, authorization for final pay estimate in the amount of $12,420.17, June 6, 2005 Renton City Council Minutes Page 206 West Coast commencement of 60-day lien period, and release of retained amount of $7,430.99 to American Civil Constructors West Coast, Inc., contractor, if all required releases are obtained. Council concur. Development Services: Waterbury Short Plat, ROW Dedication, S 36th Pl Development Services Division recommended acceptance of the dedication of additional right-of-way to complete S. 36th Pl. to fulfill a requirement of the Waterbury Short Plat (SHP-04-102). Council concur. Development Services: Sampson Short Plat, ROW Dedication, Park Ave N Development Services Division recommended acceptance of the dedication of additional right-of-way at the corner of Park Ave. N. and N. 36th St. to fulfill a requirement of the Sampson Short Plat (SHP-04-066). Council concur. Development Services: Vision House Plat, ROW Dedication, Bremerton Ave NE Development Services Division recommended acceptance of the dedication of additional right-of-way located east of Bremerton Ave. NE and north of NE 4th St. to fulfill a requirement of the Vision House Plat (LUA-03-037). Council concur. Annexation: Wedgewood Lane, 144th Ave SE & 148th Ave SE Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on 6/20/2005 to consider the proposed R- 4 zoning for the Wedgewood Lane Annexation; 35.68 acres located east of 144th Ave. SE (Jericho Ave. NE), if extended, and west of 148th Ave. SE (Nile Ave. NE). Council concur. Finance: 2004 Carry Forward Ordinance Finance and Information Services Department requested approval of an ordinance authorizing carry forward requests and additional appropriations totaling $24,654,915, which increases the 2005 Budget from $152,731,500 to $177,386,415. Refer to Finance Committee. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.i. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Item 6.i. Police: Street Racing Event Attendance Prohibition Legal Division recommended approval of an ordinance prohibiting attendance at street racing events and criminalizing violations. Councilman Clawson expressed concern about language in the ordinance which states that a person may be found guilty of a misdemeanor if: "1) (S)he knows or should know that an unlawful race event is occurring, has occurred, or is about to occur; and 2) (S)he intends to observe, support, or encourage the unlawful race event." He stated that a person just driving through the area may happen to observe the event, and suggested revising the language to state something to the effect of the person being in the area for the purpose of observing the event. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER CONSENT AGENDA ITEM 6.i. TO THE PUBLIC SAFETY COMMITTEE. CARRIED. UNFINISHED BUSINESS Public Safety Committee Fire Department: Cross Staffing Public Safety Committee Chair Law presented a report regarding Fire Department cross staffing. The Committee was briefed on this issue and recommended referring this matter to the Administration to be handled during budget deliberations. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Latecomer Agreement: Penhallegon Associates, Merrill Gardens @ Renton Utilities Committee Chair Corman presented a report recommending concurrence in the staff recommendation to grant preliminary approval of the application for a latecomer agreement request from Penhallegon Associates Consulting Engineers, Inc. for a period of one year. The application for a June 6, 2005 Renton City Council Minutes Page 207 Centre Development, LA-05- 001 latecomer agreement was submitted to recover a portion of the $244,720.30 estimated cost of water main extension along Williams Ave. S., from S. 2nd St. to S. Tobin St. for the Merrill Gardens development. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the Council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Latecomer Agreement: Lakeridge Development, Liberty Grove Development, LA-05-002 Utilities Committee Chair Corman presented a report recommending concurrence in the staff recommendation to grant preliminary approval of the application for a latecomer agreement request from Lakeridge Development, Inc. (Wayne Jones) for a period of one year. The application for latecomer agreement was submitted to recover a portion of the $123,250 estimated costs of sanitary sewer installation to service lots at the Liberty Grove subdivision located at SE 136th St. and 160th Ave. SE. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee EDNSP: I-405 ROW Plans, WSDOT Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve the expenditure of up to $250,000 of the City's $300,000 Housing and Urban Development Brownfield Economic Development (HUD BEDI) grant for the Washington State Department of Transportation contract to develop right-of- way plans for the North Renton area, as outlined in the scope of work. Applying the HUD BEDI funds on the I-405 right-of-way plans allows the City to use the funds within the constraints outlined by HUD and as described in the previously approved City agenda bill and issue paper accepting the HUD funds. Additionally, completed right-of-way plans will strengthen the North Renton I- 405 project position for additional funding and is a critical step for the I-405 project, Port Quendall, and other redevelopment efforts along I-405. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Transportation: SR-169 Route Development Plan, WSDOT Transportation (Aviation) Committee Chair Palmer presented a report regarding the agreement with Washington State Department of Transportation for the SR- 169 Route Development Plan and Corridor Study. The Committee recommended concurrence in the staff recommendation to approve a resolution for the purpose of supporting the SR-169 Route Development Plan and Corridor Study in the amount of $550,000 for the total project cost which is anticipated to be completed in 2006. June 6, 2005 Renton City Council Minutes Page 208 The Committee further recommended that the Mayor and City Clerk be authorized to sign the interlocal agreement with WSDOT in the amount of $50,000 for the study. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Transportation: Garden Ave N Street Name Change Transportation (Aviation) Committee Chair Palmer presented a report regarding the Garden Ave. N. street name change. The Committee recommended concurrence in the staff recommendation to install a raised island to physically block the northbound movement at the intersection of Garden Ave. N. and N. 4th St. In addition, the Committee recommended the installation of a Local Access Only sign at Bronson Way N. and Garden Ave. N. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND ORDINANCES The following resolutions were presented for reading and adoption: Resolution #3756 EDNSP: I-405 ROW Plans, WSDOT A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement with the Washington State Department of Transportation entitled "Agreement GCA-4310 I-405 Congestion Relief and Bus-Rapid Transit Projects Right-of-Way Plan Development." MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3757 Transportation: SR-169 Route Development Plan, WSDOT A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative agreement entitled "Cooperative Agreement SR-169 - Route Development Plan - WSDOT (Washington State Department of Transportation) Agreement GCA 4213." MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3758 Utility: Sewer Moratorium in East Renton Plateau PAA A resolution was read declaring a moratorium on sewer availabilities for new subdivisions within the East Renton Plateau potential annexation area, establishing a public hearing date of 6/20/2005, and establishing a termination date for the moratorium of 12/6/2005. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/13/2005 for second and final reading: Development Services: Grocery Cart Abandonment An ordinance was read adding a new subsection to Section 5-1-2.F of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) and a new Chapter 6-27, Shopping Cart Regulation, to Title VI (Police Regulations) of City Code relating to abandoned shopping carts. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/13/2005. CARRIED. NEW BUSINESS Annexation: Policy MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL REFER THE ISSUE OF AN ANNEXATION POLICY TO THE COMMITTEE OF THE WHOLE. CARRIED. AUDIENCE COMMENT Citizen Comment: Carpenter - East Renton Plateau Potential Tom Carpenter, 15006 SE 139th Pl., Renton, 98059, expressed support for the Citizens' Alliance for a Responsible Evendell's annexation and sewer moratorium efforts; however, he stressed that the fundamental concern of the June 6, 2005 Renton City Council Minutes Page 209 Annexation Area East Renton Plateau area is not being addressed. If the area is annexed to Renton, the City will face the issue of how quality of life is maintained, if not improved, as the area is developed out according to the urban growth area designation that occurs in the Growth Management Act. Mr. Carpenter also stressed that it is important to address this issue as a joint effort between the affected residents, the developers and realtors, King County, and Renton. Citizen Comment: Hardy - Children Testifying in Dissolution Proceedings (HB 2068) Dave C. Hardy, 19235 108th Ave. SE, #206, Renton, 98055, urged the Mayor and Councilmembers to study State House Bill 2068, which relates to children testifying in dissolution proceedings, and to issue opinions that he will transmit to the prime sponsor of the bill, Representative Bob Hasegawa. Noting that he did read the bill, Councilman Corman stated he was impressed with the amount of passion Mr. Hardy has for the bill and acknowledged Mr. Hardy's personal connection with the subject matter. EXECUTIVE SESSION AND ADJOURNMENT MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS PROPERTY ACQUISITION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:34 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:44 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 6, 2005