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HomeMy WebLinkAbout11-13-06 RENTON CITY COUNCIL Regular Meeting November 13, 2006 Council Chambers Monday, 7 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF COUNCILMEMBERS RANDY CORMAN, Council President; TONI NELSON; DAN CLAWSON; TERRI BRIERE; MARCIE PALMER. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS DENIS LAW AND DON PERSSON. CARRIED. CITY STAFF IN ATTENDANCE KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; PREETI SHRIDHAR, Communications Director; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planning Manager; ERIKA CONKLING, Senior Planner; CHIEF I. DAVID DANIELS and DEPUTY CHIEF LARRY RUDE, Fire Department; COMMANDER KATIE MCCLINCY, Police Department. PUBLIC HEARING Comprehensive Plan: 2006 Amendments This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker opened the public hearing to consider the 2006 Comprehensive Plan amendments, concurrent rezonings, zoning text amendments, and the development agreement for the former Aqua Barn site. Senior Planner Erika Conkling explained that the public hearing is divided into four groups of issues, and she began with Group 1 - Comprehensive Plan Text Amendments, as follows: • 2006-T-1 (City of Renton) - Update the Capital Facilities Element to incorporate adoption of the Issaquah and Kent school district capital facilities plans. Recommendation: approve amendment. • 2006-T-3 (City of Renton) - Update the Land Use and Community Design elements with housekeeping changes for clarity and to reflect new policy. Recommendation: approve amendment. • 2006-T-4 (City of Renton) - Update the Transportation Element to reflect Renton's latest adopted Six-Year Transportation Improvement Plan. Recommendation: approve amendment. • 2006-T-5 (City of Renton) - Allow existing mobile home parks in the Residential Low Density (RLD) designation to be zoned Residential Manufactured Home (RMH). Recommendation: approve amendment. Ms. Conkling pointed out that the Planning Commission held the required public hearing on the Comprehensive Plan text and map amendments on September 20. The matter was also referred to the Planning and Development Committee with the exception of the implementing ordinance for item 2006-T- 1, which was referred to Finance Committee. Public comment was invited. Scott Missall, 999 3rd Ave., Suite 3000, Seattle, 98104, with the law firm Short, Cressman & Burgess, spoke on 2006-T-5. He noted that the State Supreme Court's ruling on Interlake Sporting Association, et al v. Washington State November 13, 2006 Renton City Council Minutes Page 385 Boundary Review Board, City of Redmond, et al, may affect the City's ability to go forward with the Maplewood Addition Annexation. Raymond A. Breeden, Sr., 15279 Maple Dr., Renton, 98058, noted the importance of retaining mobile home parks especially in light of the recent flooding of the White River that destroyed one-half of a mobile home park in Pacific. Jerry Puckett, 15260 Oak Dr., Renton, 98058, spoke in support of 2006-T-5, which affects the Wonderland Estates Mobile Home Park where he resides. Continuing with Group 2 - Comprehensive Plan Map Amendments and Concurrent Rezones, Ms. Conkling reviewed the following amendments: • 2006-M-1 (Wan Chee) - Change the designation from a combination of Commercial Neighborhood (CN) and Residential Single Family (RS) with CN and R-8 split zoning to CN land use with CN zoning for the entire parcel at 1315 N. 30th St. Recommendation: deny amendment. • 2006-M-2 (Susan Larson-Kinzer; Kennydale Blueberry Farm) - Change the designation from RLD land use with Resource Conservation (RC) zoning to RS land use with R-8 zoning, or RLD land use with R-4 zoning for a 3.4 acre parcel currently used as a blueberry farm and residence at 1733 NE 20th St. Recommendation: deny amendment to RS with concurrent R-8 zoning and approve change to RLD with R-4 zoning. Ms. Conkling said the owner indicates that land use changes in the surrounding area, which is zoned R-8, have affected the viability of the farm. She note that critical areas exist on the site, including a mapped wetland, suspected peat wetland, Class 4 stream, and headwaters of Kennydale Creek. Ms. Conkling indicated that if a Type II wetland is assumed, 1.15 acres of the site are potentially developable, resulting in two building sites if zoned R-4. • 2006-M-8 (City of Renton; Upper Kennydale) - Change the designation for a 49-acre area located south of NE 28th St. and north of NE 16th St., from RS land use with R-8 zoning to RLD land use with R-4 zoning. Staff recommendation: downzone the area to R-4. R-4 zoning would help stem cumulative changes to hydrology and wetland areas, and result in a buildable lands capacity of approximately 110 units (96 units exist now). Planning Commission recommendation: keep the R-8 zoning. R-8 zoning has a buildable lands capacity of approximately 205 units, and property owners have invested in the properties with the expectation of R-8 development potential. • 2006-M-3 (Manuel Rivera) - Change the designation from RS land use with R-8 zoning to Commercial Corridor (CC) land use with Commercial Office (CO) zoning on a 2.09-acre parcel at 851 Carr Rd. Recommendation: deny request but approve redesignation of this parcel and adjoining parcels within the City limits to Residential Medium Density (RMD) with concurrent R-14 zoning. R-14 zoning allows small commercial uses. • 2006-M-4 (Springbrook Associates) - Change the designation from RMD land use with R-10 zoning to CC land use with CO zoning for a 5.61-acre parcel located south of S. 37th St. Recommendation: approve amendment. • 2006-M-5 (City of Renton; Puget Colony Homes and vicinity) - Change the area within the Puget Colony neighborhood from RS land use with R-8 zoning to RLD land use with R-4 zoning; and from RS to RLD land use in the unincorporated Kimberly Lane and Hideaway Home Sites subdivisions. Recommendation: approve amendment. November 13, 2006 Renton City Council Minutes Page 386 • 2006-M-7 (City of Renton; former Aqua Barn site and part of the proposed Maplewood Addition Annexation expanded area) - Change the designation of three acres located at the southeast corner of 152nd Ave. SE and Maple Valley Hwy. from RLD to CC land use with potential Commercial Arterial (CA) zoning. Change the 30 abutting southern acres from RLD to RMD land use with potential R-14 zoning. Recommendation: approve amendment. Correspondence was read from William E. O'Connor, 10402 151st Ave. SE, Renton, 98059, stating that the applicant for the blueberry farm amendment has not shown the following: proof that the current zoning is no longer appropriate, that the site does not contain preservable critical areas, that long-term agricultural use has been affected by environmental changes, and that the zoning revision will result in increased public benefit. Correspondence was read from Brad Nicholson, 2811 Dayton Ave. NE, Renton, 98056, expressing displeasure with the City's lack of interest in complying with laws, and listing a number of unaddressed concerns pertaining to the protection of critical areas on the blueberry farm. Correspondence was read from Wm Collins, 420 Cedar Ave. S., Renton, 98057, requesting the City apply the same considerations to the blueberry farm wetland as was done for the critical areas of the Defoor Short Plat, and requesting removal of this item from the Comprehensive Plan amendment process. Correspondence was read from Knoll D. Lowney, Smith & Lowney, PLLC (attorneys for Bill O'Connor and Kennydale Critical Areas Alliance), 2317 E. John St., Seattle, 98122, indicating that the notice for this public hearing failed to identify the subject properties, specifically the Kennydale Blueberry Farm, and requesting that the hearing be postponed for 30 days. Public comment was invited. Inez Petersen, PO Box 1295, Renton, 98057, stated that issues relating to due process invalidate both this public hearing and the Planning Commission's public hearing of September 20. Pointing out that the notice for this hearing was inadequate, she asked that the public hearing be postponed to allow for proper notification. Ms. Petersen indicated that she wants the blueberry farm as a critical area. Lauralee Gordley, 2010 Jones Ave. NE, Renton, 98056, objected to the rezone of the upper Kennydale area to R-4. She stated that this complex area is located near the I-405 Corridor and is densely populated. Ms. Gordley said she purchased her property with the intent of developing it at R-8 zoning. She pointed out that the critical areas ordinance is based on science, and should be depended upon to protect property. Ms. Conkling stated that four to five lots are possible on Ms. Gordley's oddly- shaped property under both the R-4 and R-8 zones. She noted that some property owners will experience a reduction in development capacity if zoned R-4, and some owners will be affected by not being able to add one or two additional units in their backyards. Robert Cave, 1813 NE 24th St., Renton, 98056, opposed the upper Kennydale area rezone, pointing out that he owns a 3.5-acre property which is not hindered by wetlands or the Kennydale Creek. Additionally, Mr. Cave said he objects to the rezone of the blueberry farm, saying that it should remain a farm. November 13, 2006 Renton City Council Minutes Page 387 Susan Rider, 1835 NE 20th St., Renton, 98056, asked that the public hearing be rescheduled to allow for proper notice. In regards to the blueberry farm, she indicated that the creek is misclassified and that for permitting purposes, the wetlands have state and federal jurisdiction because the creek drains into Lake Washington. Ms. Rider stated that the sale of the farm is an opportunity for a unique and popular public open space. As neighborhoods change from semi- rural to infill-developed, she stressed that the importance and long-term consequences of this decision should not be underestimated. Mayor Keolker clarified that this public hearing is a courtesy hearing, and the required hearing was with the Planning Commission on September 20. Barbara Hicks, 1835 NE 20th St., Renton, 98056, pointed out that the public hearing notice did not clearly identify the blueberry farm as a topic for the meeting. Ms. Hicks emphasized that non-land owners also have opinions and rights, and decisions of the City affect all residents. She stated that when some part of the environment is destroyed, the future is being taken away from the children. William E. O'Connor, 10402 151st Ave. SE, 98059, spoke in opposition to the blueberry farm rezone, pointing out that the applicant has not provided the required burden of proof. He indicated that the applicant needs to prove the property is developable, and accurately delineate the wetlands before the site is considered for rezoning. Gary Young, 11624 SE 5th St., Suite 200, Bellevue, 98005, representing Valley Springs Apartments, LLC, spoke in support of the Aqua Barn site amendment. He thanked staff for bringing the zoning into compliance with the existing use. Bob Johns, 1601 114th Ave. SE, #102, Bellevue, 98004, spoke on behalf of the River Valley Condominium Association concerning the Aqua Barn site amendment. He noted that it is important to put zoning on the property that matches the existing development for property financing purposes. Mr. Johns relayed the condominium owners' support of the amendment. Karen Finnicum, 1302 Aberdeen Ave. NE, Renton, 98056, spoke regarding the blueberry farm and upper Kennydale area amendments. She indicated that the creek and wetlands area never go dry, and everything in Renton is full of water. Ms. Finnicum stated that property is an investment, and it is the owner's responsibility to watch over and care for it. She expressed concern regarding the increase in development, and stated that the peat bog on the blueberry farm property has to be protected. David Halinen, 2115 N. 30th St., Suite 203, Tacoma, 98403, representing Aqua Barn Ranch, Inc., submitted a letter regarding the Aqua Barn site's 3.02 acres of commercially zoned property. He requested approval of the amendment and corresponding development agreement. John Cowan, 1830 NE 24th St., Renton, 98056, objected to the rezoning of the blueberry farm, saying the farm is a unique geological area and should remain that way. He expressed concern that the amendment process is moving too quickly, and recommended that the City stop the process and conduct a comprehensive review of the wetlands and the needs of the upper Kennydale area. Debbie Natelson, 801 Renton Ave. S., Renton, 98057, said the blueberry farm should not be rezoned. She indicated that the property can be sold as a farm, and expressed disappointment with the City for helping the owners to November 13, 2006 Renton City Council Minutes Page 388 potentially make a huge profit. Ms. Natelson explained that peat bogs absorb water and take thousands of years to create. She noted that flooding is caused by the removal of vegetation and forest cover, and urged protection of the headwaters. Ms. Natelson pointed out that the City could consider taking over this resource. Ms. Conkling continued with Group 3 - Development Agreement for the Former Aqua Barn Property (2006-M-7). Noting that the Planning Commission recommended the agreement following their public hearing, she explained that it only applies to the three-acre area fronting Maple Valley Hwy. proposed for CA zoning Ms. Conkling stated that the agreement prohibits a number of ordinarily allowed uses in the CA zone, including big box retail, some vehicle related activities, and all industrial uses. The agreement also restricts allowed uses such as drive-in/drive through retail, and car washes. Ms. Conkling indicated that the agreement provides that a transfer of a traffic mitigation fee credit be granted in an amount not to exceed $252,799.50 against traffic mitigation fees due upon development of the property. Additionally, the agreement requires that design standards, including common thematic elements and common landscape elements, be applied to all commercial development on the site. There being no public comment on Group 3, Ms. Conkling turned to Group 4 - Highlands Land Use and Zoning Package, which includes 2006-M-6 and 2006- T-2, and supersedes prior staff recommendations. She introduced Highlands Zoning Task Force Chair Kirk Moore, who thanked task force members and City staff for their efforts on this proposal. He highlighted the proposed changes to the Center Village (CV) land use designation, which include removing R-10 as an implementing zone, allowing R-14, RM-U, and RM-T as implementing zones, and eliminating the requirement of residential-only development north of NE 12th St. Mr. Moore also reviewed the proposed land use map amendments and the proposed rezones. Ms. Conkling reviewed the proposed zoning text amendments, as follows: • Amend the implementing zones of the CV land use designation. • Remove the CV Residential Bonus District. • Adopt design regulations. • Amend uses in the R-14 zone. • Amend uses in the CV zone. • Add clarifying language to terms such as pipe stem lots and affordable housing. • Amend development standards for the R-14 zone. • Allow two types of affordable housing bonuses in the R-14 zone. • Amend development standards for the CV zone. In conclusion, Ms. Conkling stated that the Planning and Development Committee will discuss the matter on November 16, and first and second reading of the ordinances is scheduled for November 27. Mayor Keolker thanked the task force members for all their hard work. Public comment was invited. Brett Kappenman, 1004 SW 4th Pl., Renton, 98057, on behalf of the Highlands Community Association (HCA), thanked the task force and staff for this conclusive plan. He indicated that the plan reflects the concerns of the HCA, November 13, 2006 Renton City Council Minutes Page 389 particularly the density increases and the affordable housing issues. Mr. Kappenman noted that the plan also addresses the conforming property issue. Linda Perrine, 1157 Glennwood Ave. NE, Renton, 98056, opposed the change from Residential Multi-Family (RM-F) to CV, particularly on the street facing Edmonds Ave. NE. She explained that the Renton Housing Authority has purchased three acres of property in the area near McKnight Middle School, which is surrounded by single-family homes and duplexes. Ms. Perrine expressed concern that when the 60 to 80 additional units per acre are built, traffic will increase significantly and parking will be problematic. She stressed that this area is not suited for high-density housing. Responding to Council inquiries, Planning Manager Rebecca Lind stated that current zoning allows up to 20 dwelling units per acre, and CV zoning allows up to 80 units per acre. She indicated that the access points to the proposed development have not yet been determined. Bill Grover, PO Box 2701, Renton, 98056, owner of property at 2807 NE 16th St., stated that due to the current Highlands development moratorium, he is unable to obtain building permits so he can develop his property. He explained that his property was subdivided under R-10 zoning prior to the moratorium taking effect, and he was under the impression that his property would be vested. Pointing out that another Highlands moratorium area property owner obtained building permits, he asked that Council allow him, or subsequent owners of his property, to obtain building permits in accordance with the R-10 zoning regulations. Howard McOmber, 475 Olympia Ave. NE, Renton, 98056, member of the task force and the Highlands Community Association, emphasized that the task force's plan was very well thought out. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. RECESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9 p.m. The meeting was reconvened at 9:08 p.m.; roll was called; all Councilmembers present except Corman. (Corman arrived at 9:09 p.m.) 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 2006 and beyond. Items noted included: ” City of Renton employees and Rotary Club of Renton members are volunteering to serve Thanksgiving Dinner at the Senior Activity Center, which will be open from 10 a.m. to 2 p.m. on November 27, for senior citizens to enjoy a day of social and recreational activities. Guests must pick up a free ticket prior to November 21. ” The Hassle Free Holiday Bazaar will be held on November 17 and 18 at the Community Center, where a wide variety of handcrafted items will be sold by over 100 vendors. ” Renton experienced some local flooding events due to heavy rain fall; however, overall the City fared well and did not suffer significant damage. November 13, 2006 Renton City Council Minutes Page 390 AUDIENCE COMMENT Citizen Comment: Petersen - Various Inez Petersen, PO Box 1295, Renton, 98057, voiced her pleasure with the efforts of the Highlands Zoning Task Force. She expressed concern regarding due process issues pertaining to the Comprehensive Plan public hearings, noting that the ordinances adopted may be based on an invalid public hearing process. Ms. Petersen also questioned why non-Renton residents are allowed on the City's boards and commissions. Additionally, she indicated that while the Police Department has addressed some problems related to prostitution, there are more problems that need attention, especially one in an area near a church. Citizen Comment: DeMastus - Prostitution Problems Sandel DeMastus, Highlands Community Association Vice President, PO Box 2041, Renton, 98056, thanked the police for their work on addressing some prostitution problems, and expressed her hope that the work will continue. Citizen Comment: McOmber - Highlands Area Redevelopment Howard McOmber, 475 Olympia Ave. NE, Renton, 98056, complimented all those who are working hard to improve the Highlands neighborhood. He noted that everyone has a right to express their opinions. Mr. McOmber stated that Renton is a wonderful place to live, and one of the reasons for that is the City's diverse population. Citizen Comment: Madson - Citizen Initiative, Fireworks Ordinance Lori Madson, 1301 SW 16th St., Renton, 98056, chair of the Committee to Keep Renton Safe, expressed her pleasure that Renton will maintain its ban on fireworks as a result of the vote on Renton Proposition 1. Additionally, she thanked those who campaigned against the proposition. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Corman, item 6.e. was removed for separate consideration Council Meeting Minutes of 11/6/2006 Approval of Council meeting minutes of 11/6/2006. Council concur. Community Services: Holiday Lights Program, Sun Lighting Community Services Department recommended approval of a contract in the amount of $62,778.43 with Sun Lighting for the 2006 Holiday Lights Program. Council concur. Comprehensive Plan: 2007 Amendments, Pre-Applications Economic Development, Neighborhoods and Strategic Planning Department submitted two pre-applications for the 2007 Comprehensive Plan amendment pre-application review process. Refer to Planning and Development Committee. Utility: Sewer Moratorium in East Renton Plateau PAA Economic Development, Neighborhoods and Strategic Planning Department recommended setting a public hearing on 11/27/2006 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area. Council concur. Plat: Cottages at Honey Creek, NE Sunset Blvd, PP-04-185 Hearing Examiner recommended approval, with conditions, of the Cottages at Honey Creek Preliminary Plat Major Amendment; 4.17 acres located at 4821 NE Sunset Blvd. Council concur. Police: Jail Inmate Health Services, Occupational Health Services Police Department recommended approval of a contract with Occupational Health Services (Public Hospital District No. 1 of King County) in the amount of $176,376 for health services for Renton jail inmates for 2007. Council concur. Transportation: May Creek Bridge Replacement Design, Parametrix Transportation Systems Division recommended approval of a contract in the amount of $146,174 with Parametrix, Inc. for design of the May Creek Bridge Replacement Project. Council concur. November 13, 2006 Renton City Council Minutes Page 391 Utility: Photogrammetric Aerial Mapping, Aero-Metric Utility Systems Division requested approval of an agreement with Aero-Metric, Inc. in the amount of $104,487 for Phase III of the 2006 Photogrammetric Aerial Mapping Project (digital terrain model update and orthophotography production). Council concur. Utility: N 26th St/Park Pl N Storm System Project, SI VI LLC Utilities Easement Utility Systems Division recommended approval of a utility easement granted by SI VI, LLC, owner of the Belle Vista Apartment complex, for the N. 26th St and Park Pl. N. Storm System Improvement Project in the amount of $46,500 and $1,000 per damaged or removed tree. Council concur. CAG: 03-112, Maplewood Water Treatment Facility and Golf Course Improvements, Mid-Mountain Contractors Utility Systems Division submitted CAG-03-112, Maplewood Water Treatment Facility and Golf Course Improvements; and requested approval of the project, authorization for final pay estimate in the amount of $1,600.55, and release of retainage bond in the amount of $496,353.39 to Mid-Mountain Contractors, Inc., contractor, if all required releases are obtained. Council concur. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.e. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Item 6.e. Planning: Highlands Subarea Plan Study Area Moratorium Economic Development, Neighborhoods and Strategic Planning Department recommended adoption of a resolution that declares a six-month moratorium on new development in the R-10 zone within the Highlands study area, and sets a public hearing date on 12/11/2006. Council President Corman expressed concern regarding the length of the moratorium. Assistant City Attorney Zanetta Fontes explained that the existing moratorium expires tomorrow (11/14/2006), and a new moratorium is being requested. She noted that the moratorium can be rescinded prior to the six- month term upon implementation of the new land use and zoning regulations. Mayor Keolker pointed out that the Highlands Zoning Task Force requested the moratorium to allow time for the implementation of the regulations. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE ITEM 6.e. AS PRESENTED. CARRIED. (See page 392 for resolution.) UNFINISHED BUSINESS Community Services Committee Appointment: Library Board Community Services Committee Chair Nelson presented a report recommending concurrence in the staff recommendation to approve the appointment of Heather Nugent to the Library Board for a term expiring on 6/1/2011. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. EDNSP: 2006 Neighborhood Program Grants Community Services Committee Chair Nelson presented a report regarding the second round of the 2006 neighborhood grant projects. The Committee recommended concurrence in the staff recommendation to approve the following grant award: Tiffany Park Neighborhood Association - Continue development of a pocket park on Seattle Public Utilities-owned right-of-way in Renton. The area is approximately a quarter of an acre and is bordered by Puget Dr. SE, Beacon Way SE, and SE 16th St. ($858). The Committee further recommended approval of funding for the following administrative newsletter applications: 1. Earlington Neighborhood Association - Annual printing for six newsletters a year distributed by newsletter box at mailbox kiosk ($300). 2. Kennydale Neighborhood Association - Annual printing of quarterly newsletter distributed door-to-door through mail ($2,000). November 13, 2006 Renton City Council Minutes Page 392 3. Renton Hill Neighborhood Association - Annual printing expenses for a newsletter printed twice a year and distributed door-to-door ($427). 4. Summerwind Homeowners Association - Annual printing and postal expenses for quarterly newsletter ($279). 5. Tiffany Park Homeowners Association - Annual printing for a newsletter printed twice a month and distributed door-to-door ($89). 6. Tiffany Park Neighborhood Association - Annual printing expenses for a newsletter printed twice a year and distributed door-to-door ($532). The second round of applications total $4,485 leaving a remaining budget of $32,746. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED TO REFLECT THE CORRECTION TO ITEM 2. AS FOLLOWS: DELETE THE WORDS "door to door" AND INSERT THE WORDS "through mail." CARRIED. RESOLUTIONS AND ORDINANCES The following resolution was presented for reading and adoption: Resolution #3840 Planning: Highlands Subarea Plan Study Area Moratorium A resolution was read declaring a moratorium on new development in the R-10 zone within the Highlands study area, establishing a public hearing date of 12/11/2006, and establishing a termination date of 5/13/2006 for the moratorium. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance #5227 Legal: Pawnbroker Daily Transaction Requirements An ordinance was read amending Section 6-17-3 of Chapter 17, Pawnbrokers, of Title VI (Police Regulations) of City Code by clarifying the transmission requirements of the pawnbroker's daily record of transactions. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Planning: Kennydale Blueberry Farm MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL REFER THE TOPIC OF THE KENNYDALE BLUEBERRY FARM TO COMMITTEE OF THE WHOLE.* Council President Corman stated that many people have suggested that the City should purchase the property as a park, and he pointed out that Council has not deliberated that issue. Councilwoman Nelson noted that Council has discussed the matter in executive session. Mr. Corman indicated that a significant policy decision such as this should not just be discussed in executive session. Discussion ensued regarding the appropriateness of discussing this topic on the Council floor. Mayor Keolker suggested that before going forward with the matter, a legal opinion be obtained. Assistant City Attorney Fontes concurred. *MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL TABLE THIS MATTER UNTIL A RULING IS OBTAINED FROM THE CITY ATTORNEY. CARRIED. AUDIENCE COMMENT Citizen Comment: McOmber - Highlands Subarea Plan Study Area Moratorium In response to Howard McOmber's inquiries, 475 Olympia Ave. NE, Renton, 98056, Mayor Keolker explained that the current Highlands moratorium expires tomorrow, the new Highlands moratorium was declared tonight, and the public hearing on the new moratorium will be held on December 11. Citizen Comment: Moore - Highlands Subarea Plan Study Area Moratorium Kirk Moore, 1901 Harrington Circle NE, Renton, 98056, explained that the Highlands Zoning Task Force requested the Highlands moratorium, which only affects the R-10 zone, to allow time for the implementation of the land use and November 13, 2006 Renton City Council Minutes Page 393 zoning regulations. He noted that when the ordinances take effect, R-10 will be removed as an implementing zone, effectively eliminating the moratorium. Councilman Clawson clarified that the moratorium only applies to subdivision of property for new single-family residential development or accessory uses, including plats, lot line adjustments, and site plan review entitlements in the R- 10 zone within the Highlands study area. Citizen Comment: Petersen - Council Rules, Character Attacks Inez Petersen, PO Box 1295, Renton, 98057, recommended the implementation of Council rules pertaining to character attacks during Council meetings. Citizen Comment: DeMastus - Highlands Zoning Task Force Sandel DeMastus, Highlands Community Association Vice President and Highlands Zoning Task Force Member, PO Box 2041, Renton, 98056, stated that she is very proud of the task force's accomplishments. Additionally, Ms. DeMastus complimented the new Renton Magazine, which is published by Councilman Law. Citizen Comment: Hicks - 2006 Comprehensive Plan Amendments, Kennydale Blueberry Farm Barbara Hicks, 1835 NE 20th St., Renton, 98056, said most of the information pertaining to the Kennydale Blueberry Farm rezone request was based on the applicant's desire to sell the property, and financial need should not be a reason for granting a rezone. Ms. Hicks commented on the property's environmental features, noting that historically it has been unbuildable. Ms. Hicks indicated that the critical areas ordinance does not always protect properties when people are determined to fill in a wetland or remove a creek flow. Citizen Comment: Rider - 2006 Comprehensive Plan Amendments, Kennydale Blueberry Farm Susan Rider, 1835 NE 20th St., Renton, 98056, displayed photographs of properties containing filled-in wetlands, saying the action occurred under critical areas protection. She also showed photographs of the Kennydale Blueberry Farm, noting that it is suited for Resource Conservation zoning. Ms. Rider expressed her support for the blueberry farm as a park. On another topic, she suggested that written lyrics be provided for the caroling activity at the City's holiday lighting event. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 10:06 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 13, 2006