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HomeMy WebLinkAbout09-12-05 RENTON CITY COUNCIL Regular Meeting September 12, 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; RANDY CORMAN; TONI NELSON; DAN CLAWSON; DENIS LAW. MOVED BY NELSON, SECONDED BY LAW, COUNCIL EXCUSE ABSENT COUNCILMAN DON PERSSON. 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; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; MIKE WEBBY, Human Resources Administrator; DENNIS CULP, Community Services Administrator; LINDA HERZOG, Interim Assistant to the CAO; COMMANDER TIM TROXEL, Police Department. PROCLAMATION National Anthem Project Day - 9/14/2005 A proclamation by Mayor Keolker-Wheeler was read declaring the day of September 14, 2005, to be "National Anthem Project Day" in the City of Renton endorsing the National Anthem Project as an opportunity to support music education and promote American traditions. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. PUBLIC HEARING Annexation: Park Terrace, SE 112th St & Anacortes Ave NE 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 proposed expanded annexation and future zoning of 80 acres located generally between SE 112th Pl. on the north and NE 6th Pl. on the south, and between 136th Ave. SE on the west and 144th Ave. SE, if extended, on the east (Park Terrace). Don Erickson, Senior Planner, explained that the Boundary Review Board (BRB) for King County held its public hearing on the expanded annexation on 5/24/2005, for which affected property owners were notified via site posters and newspaper publications. The City was notified on 7/16/2005 that the BRB approved the expansion of the boundaries from 7.65 to 80 acres, including the abutting street right-of-ways. He noted that this is the first of two public hearings on the expanded annexation area and future zoning. Mr. Erickson stated that 112 dwelling units exist on the site, and that Fire District #25, Water District #90, Renton water, Renton sewer, and the Renton School District serve the site. He relayed that the fiscal impact analysis indicates a surplus of $39,955 at full development, assuming 116 new dwelling units and 90 remaining units. The estimated one-time parks acquisition and development cost is $131,183, and the estimated resurfacing cost for 138th Ave. SE is $483,725. Continuing, Mr. Erickson pointed out that existing King County zoning is R-4 (four dwelling units per gross acre) generally on the west side of 138th Ave. SE, and R-6 (six dwelling units per gross acre) generally on the east side of 138th Ave. SE. Renton's Comprehensive Plan designates the southern part of the site September 12, 2005 Renton City Council Minutes Page 302 as Residential Single Family, and the northern tip of the site as Residential Medium Density. He reported that the proposed zoning for the site is R-8 (eight dwelling units per net acre) for the southern portion and R-10 (ten dwelling units per net acre) for the northern tip. Mr. Erickson concluded that the proposed annexation is generally consistent with relevant City policies and BRB objectives. Alex Pietsch, Economic Development Administrator, noted that the City has been in discussions with King County regarding the needed resurfacing of 138th Ave. SE, and will continue to pursue the matter with them. Gregg Zimmerman, Planning/Building/Public Works Administrator, described the current condition of 138th Ave. SE, and pointed out that the longer the improvements are delayed, the more costly it will be to restore the roadway in the future. Public comment was invited. David Maulding, 11221 137th Ave. SE, Renton, 98059, stated that he wanted assurance that the R-10 zoning includes his property, as he is planning high- density development on his property. He recommended including the properties all the way down to NE 10th St. in the R-10 zone. Mr. Maulding also suggested the inclusion of a turn lane on 138th Ave. SE at NE 12th St. when the roadway is repaired. He concluded by expressing his support for the annexation. In response to Stuart Whittaker's concerns, 11827 139th Ave. SE, Renton, 98056, regarding the notification for the annexation and the effect of the annexation on property owners, Mr. Erickson discussed sewer connections, taxes and fees. He noted that annexations are exempt from SEPA (State Environmental Policy Act) review, and any future development will undergo an environmental review process with due notification to property owners in the affected area. Mr. Pietsch stated that while the BRB does notify citizens of its annexation expansion public hearings by site postings and newspaper publications, in the future, City staff plans to also send a letter of explanation to parties affected by the expansion. Councilman Corman further reviewed the sewer connection requirements for annexed property owners, noting that the occurrence of Local Improvement Districts (where a majority of residents approve the connection to sanitary sewers and an assessment is charged) are rare and can take place in King County as well as in Renton. Ardice Menager, 12021 140th Ave. SE, Renton, 98059, stated that she has been well informed of the proposed annexation via notifications and meeting attendance. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL: ACCEPT THE RECOMMENDATION OF THE BRB TO EXPAND THE ORIGINAL PARK TERRACE ANNEXATION TO 80 ACRES; AUTHORIZE PREPARATION OF THE ZONING ORDINANCES FOR THE REZONING OF THE NON-STREET PORTIONS OF THE ENLARGED SITE TO R-8, SOUTH OF SE 113TH ST., IF EXTENDED, AND TO R-10, NORTH OF SE 113TH ST., IF EXTENDED, CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE DESIGNATIONS; AUTHORIZE PREPARATION OF September 12, 2005 Renton City Council Minutes Page 303 THE EFFECTUATION ORDINANCE; AND SET A SECOND PUBLIC HEARING ON 10/3/2005 TO FURTHER CONSIDER THE ANNEXATION AND FUTURE ZONING. CARRIED. Councilmembers Clawson and Briere suggested that staff investigate the possibility of extending the R-10 zoning further south. Mr. Pietsch stated that a Comprehensive Plan amendment will be required to extend the R-10 zoning. Mr. Erickson confirmed that previous speaker David Maulding's property is within the area of the proposed R-10 zone. 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 City of Renton is working in conjunction with King County and the State of Washington to assist victims of Hurricane Katrina. The City is participating in a Planned Day of Giving on September 15th. Donation giving stations, accepting donations on behalf of the Red Cross, will be located at the Renton Community Center, Renton City Hall, Renton Public Library, and the Highlands Library. ” In conjunction with the Kennydale Neighborhood Picnic, the new play equipment at Kennydale Lions Park was dedicated last week. The City had budgeted funds to replace the play equipment, landscape around the structure, install new tables and benches, add new drainage and irrigation, and install new curbing and walkways. Starbucks awarded a $15,000 community grant to add additional features to the playground structure. ” The 2005 Fall Recycling Day will be held September 17th, from 9:00 a.m. to 3:00 p.m. at Renton Technical College's north parking lot. Community Services: Kennydale Lions Park Playground Equipment Installation Mayor Keolker-Wheeler commented that the community grant awarded by Starbucks for the Kennydale Lions Park playground equipment installation referred to in the administrative report included a bench made of recycled plastic from milk cartons used in its stores. Councilwomen Palmer acknowledged the many groups and individuals that helped with the project. AUDIENCE COMMENT Citizen Comment: Doyle - Municipal Court Judge Candidate Judicial Forum Charles Doyle, 306 Morris Ave. S., Renton, 98055, announced that a debate occurred today between the three Renton municipal court judge candidates, and a replay of the debate will be cablecast at various times on community access channel 77. Citizen Comment: Petersen - Various Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, acknowledged the success of the judicial forum held today for the Renton municipal court judge candidates. Additionally, Ms. Petersen announced that she is now a member of the Highlands Community Association's executive board, and looks forward to working with the neighborhood association. She also asked that a tax break on utilities be considered for senior citizens during the upcoming budget discussions. Citizen Comment: Ableidinger - Akers Farms Annexation, 108th Ave SE & Puget Dr S Robert Ableidinger, 10908 SE 164th St., Renton, 98055, expressed the following concerns regarding the proposed Akers Farms Annexation: the addition of his property to the annexation area without his permission, his paying for a Local Improvement District for sewer over the past 20 years, water drainage issues on his property as a result of development to the west, and the September 12, 2005 Renton City Council Minutes Page 304 loss of control over his property. (See page 306 for further discussion on this matter.) CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of August 15, 2005 Approval of Council meeting minutes of August 15, 2005. Council concur. Latecomer Agreement: Wyman/Blood, Sewer Extension (SE 132nd St), LA- 05-003 City Clerk submitted requested from Kevin M. Wyman And Durwood E. Blood, 16540 SE 149th St., Renton, 98059, for a latecomer agreement for sewer main extension along SE 132nd St. at 152nd Ave. SE. Refer to Utilities Committee. Court Case: Jason Echon Masangkay, CRT-05-008 Court Case filed on behalf of Jason Echon Masangkay by Marja Starczewski, 18520 44th Ave. W., Lynnwood, 98037, who seeks compensation for emotional distress allegedly due to violation of civil rights when arrested on 11/13/98. Refer to City Attorney and Insurance Services. Plat: Stoneridge, Nile Ave NE, FP-05-001 Development Services Division recommended approval, with conditions, of the Stoneridge Final Plat, aka Windstone; 49 single-family lots on 12.7 acres located on the west side of Nile Ave. NE and north of SR-900 (FP-05-001). Council concur. (See page 307 for resolution.) Development Services: Long Short Plat, ROW Dedication, Meadow Ave N Development Services Division recommended acceptance of a deed of dedication for additional right-of-way at Meadow Ave. N. to fulfill a requirement of the Long Short Plat (SHP-05-011). Council concur. Development Services: Dalpay Estates Division II Short Plat, ROW Dedication, NE 19th St Development Services Division recommended acceptance of a deed of dedication for additional right-of-way at NE 19th St. to fulfill a requirement of the Dalpay Estates Division II Short Plat (SHP-03-125). Council concur. Annexation: Hoquiam, 140th Ave SE & SE 122nd St Economic Development, Neighborhoods and Strategic Planning Department submitted 60% Notice of Intent to annex petition for the proposed Hoquiam Annexation and recommended a public hearing be held on 9/26/2005 to consider the petition and R-8 zoning; 20.49 acres located between 140th Ave. SE and 144th Ave. SE and between NE 6th St. and NE 6th Pl., if extended. Council concur. Finance: Signatures for Banking Transactions Finance and Information Services Department recommended approval of a resolution updating signature authorities for depositories and electronic fund transfer for the City, due to personnel changes. Council concur. (See page 307 for resolution.) Airport: Layout Plan Update, URS Corporation Transportation Systems Division recommended approval of a contract in the amount of $129,257.19 with URS Corporation to update the Airport Layout Plan. Refer to Transportation (Aviation) Committee. CAG: 01-071, Maple Valley Hwy Improvements, Perteet Transportation Systems Division recommended approval of Supplemental Agreement No. 6 to CAG-01-071, contract with Perteet, Inc. for additional work in the amount of $99,880 for the Maple Valley Hwy. (SR-169) Improvements Project Phase 2. Refer to Transportation (Aviation) Committee. Utility: Tonelli Property Quitclaim Deeds, Memorial for Former Renton Police Chief Ang Busato Utility Systems Division recommended that Council concur in the acceptance of the 1975 quitclaim deed for the Tonelli property consisting of 50 square feet near the northeast intersection of Logan Ave. N. and the Cedar River Waterway, and concur in the approval of a quitclaim deed for Richard Tonelli's rights to the property. It was also recommended that Council refer the subject of a memorial on the property for former Renton Police Chief Ang Busato and the memorial financing to Community Services Committee. September 12, 2005 Renton City Council Minutes Page 305 Utility: Springbrook Creek Floodplain Map & N 26th St/Park Pl N Storm Improvement Projects Fund Transfer Utility Systems Division requested approval to transfer funds in the amount of $130,000 from the SW 7th St. Drainage Improvement Project Phase II account to the Springbrook Creek Floodplain Map Update Project account ($50,000) and the N. 26th St. and Park Pl. N. Storm Improvement Project account ($80,000). Refer to Utilities Committee. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Committee CAG: 03-033, SW 27th St/Strander Blvd Extension Design with Perteet, Fund 317 Budget Adjustment Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to approve Supplemental Agreement #3 to CAG-03-033, contract with Perteet, Inc. in the amount of $110,846 for construction management services for the SW 27th St./Strander Blvd. Connection Phase I, Segment 1 Project, and to authorize the Mayor and City Clerk to execute the supplement subject to Council's approval of a forthcoming Finance Committee recommendation that authorizes the funding. The Committee also recommended that consideration of a budget adjustment to the Transportation 317 Fund to allow funding of the SW 27th St./Strander Blvd. Connection Phase I, Segment 1 Project, be referred to the Finance Committee for review and recommendation on 9/19/2005, of the following: 1) the construction contract award and cost of the lowest responsible construction bid, plus a 20% contingency (sealed bids were due 9/7/2005); 2) the construction management services agreement supplement in the amount of $110,846 (CAG- 03-033); and 3) staff and other soft costs in the amount of $195,154. The Committee further recommended that if Council approves a budget adjustment for this project, that the Transportation Fund be reimbursed by bonding to be secured in 2006. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Sound Transit: Phase 2 Work Plan, Renton Prioritized Projects List Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to prioritize the Sound Transit Phase 2 (ST2) projects in Renton as follows: 1. New high occupancy vehicle (HOV)/Bus Rapid Transit (BRT) line from Bellevue to Renton includes: Completion of Sound Move Project - N. 8th St. HOV direct access at I-405; Transit Station and structured parking at N. 8th St. and Logan Ave. N.; and Connection to Longacres Commuter Rail Station and completion of SW 27th St./Strander Blvd. 2. HOV Direct Access at SW 27th St./SR-167 3. HOV Direct Access at Rainier/SR-167/I-405 4. BRT Station at Lind Ave. SW 5. BRT Station at NE 44th St. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Councilman Corman reported that he attended an Eastside Transportation Partnership (ETP) meeting at which this topic was discussed. He relayed the confusion experienced by many cities regarding Sound Transit's listing of the project priorities, and announced that a special meeting of the ETP will be held on September 30th to clarify the matter. September 12, 2005 Renton City Council Minutes Page 306 *MOTION CARRIED. Transportation: Trans-Valley Corridor Intelligent Transportation System Interlocal Agreement Transportation (Aviation) Committee Chair Palmer presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the Trans-Valley Intelligent Transportation System Project interlocal agreement for the transfer of ownership and the operation and maintenance of traffic signals and related equipment along the Trans-Valley Corridor. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 307 for resolution.) Utilities Committee Utility: Oversizing Reimbursement Request, Urban Crafts, BDJS Associates Utilities Committee Chair Corman presented a report regarding the request by BDJS Associates for the Urban Crafts development utility oversizing reimbursement. The Committee recommended concurrence in the staff recommendation to approve the final costs for oversizing of utilities along Olympia Ave. NE for sewer and water in the amounts of $56,769 for water and $67,279 for sewer. The Committee further recommended that Council authorize the Administration to reimburse the developer for his costs, not to exceed the final amounts approved herein. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Vice Chair Nelson presented a report recommending approval of Claim Vouchers 240557 - 241078 and two wire transfers totaling $4,242,030.86; and approval of Payroll Vouchers 59606 - 59932, one wire transfer, and 617 direct deposits totaling $2,034,386.41. MOVED BY NELSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Tabled Item Annexation: Akers Farms, 108th Ave SE & Puget Dr S Referring to the motion that was tabled at the 8/15/2005 Council meeting regarding the Akers Farms Annexation, Councilman Clawson relayed that Council received a memo from the Administration requesting concurrence in the motion without the exclusion of Mr. Ableidinger's property, and pointing out that removal of this property would set a precedent and likely have a detrimental effect on future annexation efforts. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REMOVE THE MOTION FROM THE TABLE. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ACCEPT THE AKERS FARMS 60% DIRECT PETITION TO ANNEX, SUPPORT FUTURE ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN'S RESIDENTIAL SINGLE FAMILY LAND USE DESIGNATION, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD AND PREPARE THE RELEVANT ORDINANCES.* In response to Councilman Corman's inquiry, Mr. Pietsch explained that staff was unsuccessful in their attempts to contact Mr. Ableidinger by telephone; however, a letter was mailed to him outlining the effects of the annexation on his property. He stated that the annexation was expanded to include the Ableidinger property since the initial annexation had signatures representing 100% of the initial property owners, and expansion to the east created a more reasonable boundary while allowing the City to bring in more developable area. Councilman Corman noted Mr. Ableidinger's concern regarding his September 12, 2005 Renton City Council Minutes Page 307 participation in a Local Improvement District (LID) for sewer. City Attorney Larry Warren explained that the LID assessment by law cannot be more than the increase in value of the property, occasioned by the improvements. If Mr. Ableidinger paid for an assessment for sewer to his property, his property had to be increased in value equivalent to the amount he has paid over the years; therefore, he could not suffer a loss by definition. *MOTION CARRIED. RESOLUTIONS AND ORDINANCES The following resolutions were presented for reading and adoption: Resolution #3769 Plat: Stoneridge, Nile Ave NE, FP-05-001 A resolution was read approving the Stoneridge Final Plat, aka Windstone; approximately 12.7 acres located west of Nile Ave. NE and north of SR-900 (FP-05-001). MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3770 Finance: Signatures for Banking Transactions A resolution was read authorizing signature for depositories and electronic fund transfers on behalf of and in the name of the City of Renton. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3771 Transportation: Trans-Valley Corridor Intelligent Transportation System Interlocal Agreement A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement for the transfer of ownership and the operation and maintenance of traffic signals and related equipment along the Trans-Valley Corridor. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. AUDIENCE COMMENT Citizen Comment: Ableidinger - Akers Farms Annexation, 108th Ave SE & Puget Dr S Robert Ableidinger, 10908 SE 164th St., Renton, 98055, expressed his unhappiness with Council's decision to include his property in the Akers Farms Annexation. Noting the lack of control he has over his own property, he pointed out that his property has been taken from him and used without his consent, that due process was not considered, and that his property has been devalued. EXECUTIVE SESSION AND ADJOURNMENT MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS PROPERTY TRANSACTIONS, PROPERTY LITIGATION, AND LABOR RELATIONS WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:54 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:58 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann September 12, 2005