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Home My WebLink About08-03-2018 - COR Response to Emergency Motion Denis Law Mayor City Clerk-Jason A.Seth,CMC August 3, 2018 COR RESPONSE TO EMERGENCY MOTION filed by Robert & Doravin Wilson, Appellants RE: Appeal of Hearing Examiner's decision dated July 15, 2018, regarding Wilson Park 1 Preliminary Plat. (File No. LUA-09-140 PP, ECF) To Parties of Record: The City of Renton acknowledges receipt of the Emergency Motion to Set Hearing Date filed by Robert and Doravin Wilson, Appellants. A copy of this Emergency Motion, which was received by the City on July 31, is attached. The City has taken the following steps to accommodate the Appellants' request to expedite the hearing process: 1) The closed record appeal was placed on the next available City Council agenda, August 6, 2018, to be referred to the Council's Planning & Development Committee. A copy of the Agenda (without attachments) is attached; 2) The closed record appeal has been scheduled to be put before the Planning & Development Committee on August 9, 2018 at 5:30 p.m. This Committee hearing will take place at 1055 S. Grady Way, Renton, 98057, 7th Floor Council Chambers. 3) The Planning & Development Committee's formal recommendation regarding the closed record appeal is scheduled to be presented to the full Council for final action at the August 13, 2018 Council meeting. The City of Renton cannot, at this point in time, guarantee that Council will take final action on August 13, 2018; the Council could take the matter under advisement, or otherwise defer a decision, in its discretion. In the event Council cannot not decide the merits of the Appellants' Appeal at their August 13, 2018 Council meeting, Council will address the Wilson's alternative request for a pre-hearing decision regarding their protection of rights regarding this matter at that meeting. The August 6, 2018 Council meeting agenda can be viewed at this location: https://renton.civicweb.net/portal/. Click on the August 6, 2018 date on the calendar, and then click City Council Regular Meeting—06 Aug 2018. 1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov I can be reached at (425) 430-6502 or jseth@rentonwa.gov. Sincerely, ason A. eth, CMC City Clerk *Please note that if you signed up to be a Party of Record for this matter you are receiving a copy of this letter as a courtesy. Attachments: Appellants' Emergency Motion to Set Hearing dated July 31, 2018 City of Renton August 6, 2018 Council meeting agenda (without attachments). cc: Hearing Examiner Chip Vincent, CED Administrator Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Kyle Wunderlin, Planning Technician Judith Subia, Administrative Assistant Craig Burnell, Building Official Leslie Clark,Assistant City Attorney Ed Prince, City Councilmember Ryan Mclrvin, P& D Committee Chair Julia Medzegian, City Council Liaison Michael Walter, Keating, Bucklin & McCormack Robert& Doravin Wilson, Appellants * Parties of Record(10) July 31, 2018 City of Renton City Clerk 1055 South Grady Way Renton, WA 98057 Emergency Motion to Set Hearing Date Appeal of Hearing Examiner Decision to City Council Pursuant to City of Renton Code 4.8.110(F) Dear Members of the Renton City Council: On July 24, 2018, we filed our"Appeal of Hearing Examiner Decision to City Council Pursuant to City of Renton Code 4.8.110(F)"(the "Appeal"). As stated in our Appeal,the Appeal centers on our request to extend the approval period for the Wilson Park 1 Preliminary Plat, LUA 09-140 ("Wilson Park I"). We began this lengthy appeal process 3 months ago on May 3,2018 with a letter to the Renton Hearing Examiner stating our`Request for Additional Extension Pursuant to Renton Municipal Code 4-7-080". Currently,the Wilson Park 1 approval is set to expire on August 16,2018. It is our understanding that, if the City follows its normal course of scheduling, the hearing on our Appeal may be set for a date in September. In that case,the Wilson Park 1 approval will expire before the hearing, and we are concerned that the expiration may prejudice our rights and remedies in the appeal. Therefore, we respectfully request that our Appeal be scheduled so that the City Council can hear and decide our Appeal before August 16,2018. Specifically,the City Council calendar shows a Planning and Development Committee scheduled for August 9,2018,followed by a City Council meeting scheduled for August 13, 2018. We request that our Appeal be heard on those dates, and that all pre-hearing deadlines be adjusted accordingly. We understand that the deadline for submission of additional letters is set for August 9, 2018 at 5:00 p.m., and we request that that deadline be adjusted to accommodate the August hearing dates. In the alternative, if the Council cannot hear our Appeal in August, we respectfully request a pre- hearing decision confirming that if the hearing is set after the expiration of Wilson Park 1,the expiration will not result in any prejudice to the City Council's ability to grant our Appeal or to our right to seek an extension of Wilson Park l's approval period. Thank you for your consideration. If you require any additional information,please do not hesitate to contact us. Robert Dlvon 1 ,�� CITY OF AGENDA City Council Regular Meeting 7:00 PM -Monday,August 6,2018 Council Chambers, 7th Floor, City Hall—1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Farmers Market Week-August 5-11, 2018 4. SPECIAL PRESENTATION a) Department of Commerce GSCA Award Presentation for Sartori Elementary School b) 2018 Planning Awards Program Presentation: Comprehensive Plan-large City Award for Civic Core Vision and Action Plan c) Public Safety Outcomes of 4th of July activities-updated from RPD & RRFA 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name&city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555,campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of July 16, 2018. Council Concur b) AB-2192 City Clerk reports appeal of the Hearing Examiner's final decision regarding the Wilson Park 1 Preliminary Plat (LUA-09-140)filed by Robert& Doravin Wilson, accompanied by required fee.The consideration of the closed record appeal by the City Council shall be based solely upon the record,the Hearing Examiner's report,the notice of appeal and additional arguments based on the record by parties(RMC 4-8-110.F.6.). (No new evidence or testimony allowed.) Refer to Planning& Development Committee c) AB-2194 City Clerk reports the results from the July 31, 2018 bid opening for the Falcon Ridge Lift Station Replacement and Force Main Improvements project to Road Construction Northwest, Inc., in the amount of$926,502.50; and transfer$250,000 from the Thunder Hill Interceptor Rehabilitation project to this project to cover the budget gap. Refer to Utilities Committee d) AB-2184 Administrative Services Department requests authorization to execute the En Point Technology purchase order in the amount of$157,730.17 for the renewal of Microsoft Enterprise Licenses True-up. Refer to Finance Committee e) AB-2187 Administrative Services Department requests approval to execute Consortium Project Agreement 73, an interlocal agreement with the members of the Community Connectivity Consortium, regarding the Eastside Rail Corridor(ERC)fiber optic feasibility study. City of Renton share of the cost is$10,000. Refer to Finance Committee f) AB-2189 Administrative Services Department recommends adopting a resolution to amend Resolution 4217, to revoke the City's former Administrative Services Administrator's permissions to make amendments, changes, and alterations to the "Local Government Investment Pool (LGIP)Transaction Authorization Form" and authorize the Administrative Services Administrator, by title,to make the appropriate amendments, changes and alterations to said form. Council Concur g) AB-2180 Police Department recommends adoption of an ordinance that repeals and replaces Renton Municipal Code 6-3 that updates language and processes needed to support a modern burglar alarm reduction program, including holding alarm users responsible for their use of alarm systems. Refer to Public Safety Committee h) AB-2185 Transportation Systems Division submits the Main Ave S (S 3rd St to Mill Ave S) project; and recommends acceptance of the project subject to receiving the required certifications. Council Concur i) AB-2188 Transportation Systems Division recommends adopting a resolution authorizing the temporary complete closure of East Valley Road between 1701 East Valley Road and 2501 East Valley Road and SW 19th St. between 200 SW 19th St.and 204 SW 19th St.for up to four calendar days between August 24 and August 27, 2018 to construct the Rolling Hills Creek Culvert crossing as part of the I-405/SR 167 Interchange Direct Connector project. Refer to Transportation (Aviation)Committee j) AB-2190 Transportation Systems Division Department requests ratification of the Indemnification Agreement and First Addendum with The Boeing Company allowing them to occupy a portion of Renton Municipal Airport's Taxiway"B" for up to 90 days. Council Concur k) AB-2191 Transportation Systems Division recommends approval of a resolution to adopt the annual updates to the 2019-2024 Six-Year Transportation Improvement Program. Refer to Transportation (Aviation)Committee;Set Public Hearing on 8/20/2018 I) AB-2181 Utility Systems Division recommends approval of Change Order No. 1 to CAG- 17-174, with Laser Underground & Earthworks, Inc., in the amount of$302,406.79,for the rebuilding of Cedar Ave S. Refer to Utilities Committee m) AB-2186 Utility Systems Division recommends approval of an agreement with Murraysmith, Inc., in the amount of$683,735,for design services for Phase 2 of the Downtown Utility Improvement project. Refer to Utilities Committee 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole:CAC Polling Report 9. LEGISLATION Resolution: a) Resolution No.4349:Authorized Individual Delegated to Administer City Monies in the Local Government Investment Pool (LGIP) 10. NEW BUSINESS (Includes Council Committee agenda topics;visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:00 p.m. - 7th Floor- Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online,please visit rentonwa.gov/councilmeetings