HomeMy WebLinkAbout09-19-05
RENTON CITY COUNCIL
Regular Meeting
September 19, 2005 Council Chambers
Monday, 7:00 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;
RANDY CORMAN; TONI NELSON; DAN CLAWSON; DENIS LAW.
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; DENNIS CULP, Community Services Administrator;
KAREN BERGSVIK, Human Services Manager; LINDA HERZOG, Interim
Assistant to the CAO; COMMANDER TIM TROXEL, Police Department.
PROCLAMATION
Day of Concern for the Hungry
- 9/24/2005
A proclamation by Mayor Keolker-Wheeler was read declaring September 24,
2005, to be "Day of Concern for the Hungry" and strongly urging all citizens to
join the Emergency Feeding Program and the food banks in their efforts to
nourish those who are hungry. MOVED BY NELSON, SECONDED BY
PALMER, COUNCIL CONCUR IN THE PROCLAMATION AS READ.
CARRIED.
Captain Christine Giffey-Brohaugh accepted the proclamation on behalf of the
Salvation Army. She explained that the new Renton Rotary Salvation Army
Food Bank provides not only food, but also services such as the RotaCare
Clinic held on Saturday mornings. Captain Giffey-Brohaugh noted that the
Salvation Army needs both money and volunteers to run the facility. She
encouraged citizens to participate in the annual food drive on September 24th
by shopping at local grocery stores and purchasing items for donation.
PUBLIC HEARING
Human Services: 2006 CDBG
Funds Allocation
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 funding recommendations for the allocation of
the 2006 Community Development Block Grant (CDBG) funds.
Karen Bergsvik, Human Services Manager, reported that Renton will receive an
estimated $48,855 in CDBG public service funds, $185,650 in CDBG capital
funds, and $48,855 for planning and administration. She indicated that this is
an approximate 10% cut in funding. She explained that the U.S. House of
Representatives has passed the 2006 CDBG budget, but it is not known what
affect Hurricane Katrina will have on the final budget amount. Ms. Bergsvik
noted that the Human Services Advisory Committee decided to extend the 2005
public service contracts to 2006, so the CDBG grants will have the same two-
year funding cycle as the general fund.
Ms. Bergsvik stated that the Human Services Advisory Committee
recommended that the 2006 CDBG capital funds be distributed to the City of
Renton Housing Repair Program ($164,546) and to the Multi Service Center for
employment services ($21,104). She reported that the advisory committee
recently recommended that the 2006 funding allocation to HomeSight (first
time home buyer program) be cancelled, and that the funds be allocated to the
September 19, 2005 Renton City Council Minutes Page 314
Housing Repair Program. She noted that HomeSight did receive 2005 funding
from Renton, Tukwila, and Home Funds.
In conclusion, Ms. Bergsvik indicated that agencies receiving CDBG funding
must meet certain criteria, including meeting one of three national objectives,
and serving at least 70% low and moderate-low income persons. She pointed
out that although the funding of agencies can be switched from the CDBG funds
to the general fund, they cannot be switched back.
Public comment was invited.
Erika Nuerenberg, DAWN (Domestic Abuse Women's Network) Board
Member, 2410 NW 58th St., Seattle, 98107, stated that DAWN has been
providing services to this community for 25 years, and thanked the City for its
past support. She noted the proposed decrease in funding to DAWN and other
agencies due to the reduction in the 2006 CDBG funding level, and questioned
why some agencies were listed for CDBG funding, and others were listed for
general funding.
Continuing, Ms. Nuerenberg pointed out that the general fund level has held
steady for the past three years, and there are no pending cuts for agencies
funded by the general fund in 2006. She reviewed the amount of funds DAWN
has received from Renton, the services DAWN provides, and the costs of
providing those services. Pointing out that Dawn and other agencies depend on
local cities to help provide services, Ms. Nuerenberg asked that the 2006 CDBG
funding not be cut.
There being no further public comment, it was MOVED BY NELSON,
SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING.
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:
A new 12-station computer lab was dedicated today at the Renton Senior
Activity Center. Using a $20,000 donation from Merrill Gardens, a new
retirement community being built in downtown Renton, the center
converted a former game room into the lab to respond to the popularity of
that amenity at the facility.
Valley Community Players will present the production How the Other Half
Loves from September 23rd to October 9th at Carco Theatre.
AUDIENCE COMMENT
Citizen Comment: Hughes -
Skate Park Lighting
Dan Hughes, 2139 NE 20th St., Renton, 98056, stated that he had a great
summer skateboarding at the Skate Park in Liberty Park. Now that summer is
over, he requested that lights be installed at the Skate Park, similar to the
lighting at the basketball and tennis courts. MOVED BY NELSON,
SECONDED BY CORMAN, COUNCIL REFER SKATE PARK LIGHTING
TO THE ADMINISTRATION AND COMMUNITY SERVICES
COMMITTEE. CARRIED.
Citizen Comment: Petersen -
Candidate Forum, Street
Repair
Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, announced
that the Highlands Community Association (HCA) will host a candidate forum
on community access cable channel 77 on October 11th, featuring Brett
Kappenman and Councilman Dan Clawson. Additionally, she noted that the
HCA board will interview the same candidates for rating purposes.
On another subject, Ms. Petersen displayed a photograph of a street near her
September 19, 2005 Renton City Council Minutes Page 315
residence, showing cracked pavement in a low spot on the street. She noted the
issues with the private drainage system, and the costs to maintain the street and
storm drain. Ms. Petersen indicated that the affected residents should not be
financially liable for the maintenance of the City street and the storm drain, and
asked that the cracks be repaired until costs for the pavement replacement and
the storm system repairs can be integrated into the City's budget.
Gregg Zimmerman, Planning/Building/Public Works Administrator, explained
that the City is responsible for maintaining the middle portion of the pavement
of the dead-end street (that adjoins N. 33rd Pl.). The maintenance of the two
sides of the street are the responsibility of the property owners. Noting that the
water detention system was built in the right-of-way by a private developer, he
stated that several developments throughout the City have private detention and
water quality systems in City right-of-way, which are owned by the affected
property owners.
Mr. Zimmerman reported that the City has tried to change the drainage pattern
on this street, but the catch basins cannot be lowered anymore as they are
located on top of the private detention system. He indicated that the only way
to improve the drainage is to replace the private detention facility or raise the
level of the entire paved area, and both options are costly. Mr. Zimmerman
explained that the City has tried to make the drainage work as well as it can
under the constraints, but puddling still occurs. He concluded that the pavement
cracks do not appear to present any safety hazards or impediments to access.
CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the
listing.
Council Meeting Minutes of
9/12/2005
Approval of Council meeting minutes of September 12, 2005. Council concur.
Vacation: Bremerton Ave NE,
Liberty Ridge, VAC-04-007
City Clerk reported receipt of $5,170 compensation paid by petitioner, as set by
Council on 8/1/2005, and recommended adoption of an ordinance to finalize the
Liberty Ridge LLC vacation of three portions of Bremerton Ave. NE, south of
NE 4th St. (VAC-04-007). Council concur. (See page 319 for ordinance.)
City Clerk: Cable Television
Franchise Consultant Services,
Bradley and Guzzetta
City Clerk recommended approval of a consultant agreement in the amount of
$235,500 with Bradley and Guzzetta, LLC for cable television franchise
management and renewal services. Refer to Finance Committee.
Court Case: Andrew Hedden et
al, CRT-05-009
Court Case filed on behalf of Andrew Hedden et al by Lawrence A. Hildes and
Paul Richmond, Attorneys, alleging violation of plaintiffs' rights during a
demonstration that occurred in downtown Seattle on 6/2/2003. Refer to City
Attorney and Insurance Services.
Court Case: Robert Barnes et
al, CRT-05-010
Court Case filed on behalf of Robert Barnes et al by Lawrence A. Hildes and
Paul Richmond, Attorneys, alleging violation of plaintiffs' rights during a
demonstration that occurred in downtown Seattle on 6/2/2003. Refer to City
Attorney and Insurance Services.
Development Services: Teresas
Short Plat, ROW Dedication,
NE 22nd St
Development Services Division recommended acceptance of a deed of
dedication for additional right-of-way at NE 22nd St. to fulfill a requirement of
the Teresa's Short Plat (SHP-04-076). Council concur.
Franchise: Sprint
Communications, Fiber Optic
Communication Facilities
Development Services Division recommended approval of a master use
agreement with Sprint Communications Company L.P. to install fiber optic
communication facilities within the City of Renton right-of-way. Refer to
Transportation (Aviation) Committee.
September 19, 2005 Renton City Council Minutes Page 316
MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
Transportation (Aviation)
Committee
CAG: 01-071, Maple Valley
Hwy Improvements, Perteet
Transportation (Aviation) Committee Chair Palmer presented a report
recommending concurrence in the staff recommendation to authorize the Mayor
and City Clerk to execute Supplemental Agreement #6 with Perteet, Inc., for
additional work in the amount of $99,880 for the Maple Valley Hwy. (SR-169)
Improvements Project Phase 2. The Committee further recommended that
Council authorize funds to be transferred into this project from the following
projects:
1. Project Development/Predesign in the amount of $25,000;
2. Arterial Circulation Program in the amount of $39,880;
3. Duvall Ave. NE in the amount of $20,000;
4. Transportation Concurrency in the amount of $40,000; and
5. Interagency Signal Coordination in the amount of $5,000.
MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
Airport: Layout Plan Update,
URS Corporation
Transportation (Aviation) Committee Chair Palmer presented a report
recommending concurrence in the staff recommendation to approve the contract
with URS Corporation in the amount of $129,257.19 to update the Airport
Layout Plan. The Committee further recommended that the Mayor and City
Clerk be authorized to sign the contract. MOVED BY PALMER, SECONDED
BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Finance Committee
Finance: Bond Proceed
Reimbursement, S Lake WA
Roadway & SW 27th
St/Strander Blvd Connection,
Capital Expenditures
Finance Committee Chair Persson presented a report regarding reimbursement
of capital expenditures from proceeds of tax exempt bonds. The Committee
recommended concurrence in the staff recommendation to declare the City's
intent that certain capital expenditures to be made on the South Lake
Washington roadway and SW 27th St./Strander Blvd connection capital projects
shall be reimbursed from the future proceeds of a tax exempt bond sale(s) or
other obligations of the City in an amount not to exceed $15,000,000.
The Committee further recommended that the resolution regarding this matter
be presented for reading and adoption.*
Councilman Persson noted that the Committee changed the bond sale amount
from the original recommendation of $31,000.000 to $15,000,000. He indicated
that the Committee will revisit the matter as more information is obtained about
the projects.
*MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED. (See page 318 for resolution.)
Mayor Keolker-Wheeler indicated that the $15,000,000 will not cover the costs
of the projects.
Transportation: SW 27th
St/Strander Blvd Connection,
Perteet Contract, Gary Merlino
Contract, Fund 317 Budget
Adjustment
Finance Committee Chair Persson presented a report recommending
concurrence in the staff recommendation as follows for construction of a .27-
mile extension of SW 27th St. from Oakesdale Ave. SW to the proposed
driveway access of the Federal Reserve Bank, known as the SW 27th
St./Strander Blvd. Connection, Phase 1, Segment 1 construction project:
September 19, 2005 Renton City Council Minutes Page 317
1. Approve a budget adjustment to allocate $3,217,836.86 from the
Transportation 317 Fund to the SW 27th St./Strander Blvd. Connection
Project budget for funding as detailed herein, with the full amount to be
reimbursed from future proceeds of a tax exempt bond sale;
2. Approve Supplement Agreement #3 with Perteet, Inc. in the amount of
$110,846 for project construction management services (CAG-03-033);
3. Accept the low bid as submitted and award the construction contract to
Gary Merlino Construction Company, Inc. in the amount of $2,426,530.72
(CAG-05-120);
4. Authorize a 20% construction contract contingency in the amount of
$485,306.14; and
5. Authorize soft costs for the project in the amount of $195,154.
The Committee further recommended the Mayor and City Clerk be authorized
to execute Supplemental Agreement #3 with Perteet, Inc., and the construction
contract with Gary Merlino Construction Company, Inc. MOVED BY
PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT.*
In response to Councilman Clawson's inquiry regarding the bonds, Chief
Administrative Office Jay Covington reviewed various revenue sources for the
South Lake Washington roadway and SW 27th St./Strander Blvd. connection
projects, and indicated that the City is continuing to analyze the matter. Mayor
Keolker-Wheeler added that the City is still pursuing Federal and State funding.
Councilman Persson noted that the Federal Reserve Bank has to pay property
taxes, which will be used to help pay for the project.
*MOTION CARRIED.
Development Services: Waiver
Request for Development &
Mitigation Fees, Morris Ave
Townhomes, N&C
Investments
Finance Committee Chair Persson presented a report regarding the Evan Chan,
N&C Investments LLC, fee waiver request for the proposed Morris Avenue
Townhomes development at 513 S. 2nd St. The applicant requested waiver of
building permit fees, utility system development charges, public works plan
review and inspection fees, and impact mitigation fees per City Code 4-1-210.
The proposal for the eight-unit condominium townhome project is eligible for
the fee waiver as it will be new owner-occupied multi-family housing, of four
units or more, located within the Center Downtown zone. The Committee
recommended concurrence in the staff recommendation to approve the fee
waiver request at the time of building and construction permit issuance, subject
to the final project design being of comparable or greater quality than the
exhibits attached to the request. MOVED BY PERSSON, SECONDED BY
NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Utilities Committee
Latecomer Agreement:
Wyman/Blood, Sewer
Extension (SE 132nd St), LA-
05-003
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 Kevin M. Wyman and
Durwood E. Blood for a period of one year. The application for latecomer
agreement was submitted to recover the $60,290.92 estimated cost of sewer
extension along SE 132nd St. at 152nd Ave. SE to allow development of two
September 19, 2005 Renton City Council Minutes Page 318
single-family residences without the need for a previously approved site sewage
system.
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, 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.
Planning & Development
Committee
Planning: Residential Uses in
Commercial Arterial Zone
Planning and Development Committee Chair Clawson presented a report
recommending a public hearing be set on 10/3/2005 to consider the zoning text
amendments residential uses in the Commercial Arterial zone. MOVED BY
CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
RESOLUTIONS AND
ORDINANCES
The following resolution was presented for reading and adoption:
Resolution #3772
Finance: Bond Proceed
Reimbursement, S Lake WA
Roadway & SW 27th
St/Strander Blvd Connection,
Capital Expenditures
A resolution was read declaring the City's intent that certain capital
expenditures shall be reimbursed from the proceeds of tax exempt bonds or
other obligations in an amount not to exceed $15,000,000. MOVED BY LAW,
SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
The following ordinances were presented for first reading and referred to the
Council meeting of 9/26/2005 for second and final reading:
Planning: Development
Regulations (Title IV) Docket
& Amendments
An ordinance was read amending Chapters 4-1, 4-2, 4-4, 4-6 through 4-9, and
4-11 of Title IV (Development Regulations) and Chapter 9-11 of Title IX
(Public Ways and Property) of City Code by clarifying zone density controls
over zone lot size provisions and removing Green River Valley landscaping
requirements; and by amending administrative, interpretation, and enforcement
procedures; fees and fee refunds and waivers; binding site plan regulations;
planned unit/urban development regulations; nonproject SEPA requirements;
and definitions. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL
REFER THE ORDINANCE FOR SECOND AND FINAL READING ON
9/26/2005. CARRIED.
Planning: Growth
Management Hearings Board,
Filing of Appeals
An ordinance was read adding Section 4-8-110.A.7 and 4-8-110.I to Chapter 8,
Permits - General and Appeals, of Title IV (Development Regulations) of City
Code regarding the filing of appeals to the Growth Management Hearings
Board. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER
THE ORDINANCE FOR SECOND AND FINAL READING ON 9/26/2005.
CARRIED.
Board/Commission:
Organization & Process
Modifications
An ordinance was read amending Title II (Commissions and Boards) of City
Code by eliminating the Boards of Adjustment, Ethics, Public Works,
Emergency Services Organization, Human Rights and Affairs, and Unfair
Housing Practices; adding the Advisory Commission on Diversity, Library
Board, Environmental Review Committee, LEOFF Disability Board, Lodging
Tax Advisory Committee, and Airport Advisory Committee; and updating all
remaining chapters. MOVED BY BRIERE, SECONDED BY PALMER,
COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL
September 19, 2005 Renton City Council Minutes Page 319
READING ON 9/26/2005. CARRIED.
Board/Commission:
Organization & Process
Modifications
An ordinance was read amending Chapters 4-4 and 4-6 through 4-9 of Title IV
(Development Regulations) and Chapter 8-7 of Title VIII (Health and
Sanitation) and Chapter 9-2 of Title IX (Public Ways and Property) of City
Code by changing references from the Board of Public Works to the
Planning/Building/Public Works Administrator. MOVED BY BRIERE,
SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING ON 9/26/2005. CARRIED.
Board/Commission:
Organization & Process
Modifications
An ordinance was read amending Chapters 4-1, 4-4, 4-5, 4-8 and 4-9 of Title IV
(Development Regulations) of City Code by changing references from the
Board of Adjustment to the Planning/Building/Public Works Administrator.
MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING ON 9/26/2005.
CARRIED.
Vacation: Bremerton Ave NE,
Liberty Ridge, VAC-04-007
An ordinance was read vacating three portions of Bremerton Ave. NE, located
south of NE 4th St. and north of SE 2nd Pl. (Liberty Ridge LLC; VAC-04-007).
MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING ON 9/26/2005.
CARRIED.
NEW BUSINESS
Court Case: Andrew Hedden et
al (CRT-05-009), Robert
Barnes et al (CRT-05-010)
Responding to Councilman Persson's inquiry regarding the lawsuits related to a
demonstration that occurred in downtown Seattle in 2003, City Attorney Larry
Warren stated that he intends to ask for early dismissal of the lawsuits for
failure to state a claim against the City, and to ask for sanctions for failure to
state facts upon which the lawsuits can be based.
Police: Renton Transit Center
Security
Reporting some citizen concerns regarding inappropriate behavior and activities
at the Renton Transit Center, it was MOVED BY PERSSON, SECONDED BY
CORMAN, THAT COUNCIL REFER THE ISSUE OF SECURITY AT THE
TRANSIT CENTER TO THE ADMINISTRATION AND PUBLIC SAFETY
COMMITTEE.*
Councilman Clawson commented that he frequents the transit center and has not
seen any violence. He indicated that some patrons' behavior, however, may be
intimidating. Mr. Clawson emphasized that safety at the transit center is
important, noting that measures must be taken if there are problems.
*MOTION CARRIED.
ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN.
CARRIED. Time: 8:00 p.m.
Bonnie I. Walton, CMC, City Clerk
Recorder: Michele Neumann, September 19, 2005