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City of Renton Agenda CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, November 23, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Public testimony during public hearings and audience comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by emailing [email protected] [email protected]. For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/87006639675 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 870 0663 9675, or (3) email one of the above email addresses or call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Those testifying or providing audience comment will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. The proceedings will also be available to view live on Renton’s Channel 21, and streaming live at http://rentonwa.gov/streaming 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARING a) Emergency ORD – Interim Zoning Controls - Homeless Shelters 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS 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. 6. 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 November 16, 2020. Council Concur b) AB - 2765 City Clerk recommends acceptance of the appraisal of Street Vacation Petition VAC-20-001, with CITC (Construction Industry Training Center) for a one-foot wide strip of right-of-way, located near 1300 Bronson Way N and situated east of Garden Ave N, west of Meadow Ave N, north of Bronson Way N, and south of N 2nd St, and submits the staff recommendation to set the compensation at zero dollars ($0). Refer to Transportation (Aviation) Committee c) AB - 2766 Community & Economic Development Department recommends approval of an emergency ordinance adopting interim zoning controls to amend Renton Municipal Code to add "homeless services use" and "extended-stay hotel" as land uses along with associated definitions, applicable standards, and identified zones in which the uses are permitted, conditionally permitted or prohibited, as well as clarifying definitions of "diversion facility," "hotel," and "social service organization," while eliminating the definition of "diversion interim service facility;" and additionally recommending allowing a single COVID-19 de-intensification facility in the Commercial Arterial (CA) zone for a temporary period. Council Concur d) AB - 2767 Community Services Department requests authorization to utilize approximately $76,535 of the $261,505 Best Start for Kids grant to increase a term- limited position from 0.50 FTE (full-time equivalent) position to 0.75 FTE beginning January 1, 2021, and extending the term of the position through December 31, 2021. Council Concur e) AB - 2764 Community Services Department recommends approval of an agreement with the Davey Resource Group, Inc., in the amount of $134,400, for certified arborist services for 2021. Refer to Finance Committee f) AB - 2748 Human Resources / Risk Management Department recommends approval of the 2021-2022 liability insurance renewal, with Alliant Insurance Services, in the estimated amount of $480,000. Refer to Finance Committee 7. 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) Finance Committee: Vouchers, 2020 Year-end Budget Amendment, Lk WA Loop Trail Supp Agmt – WSDOT, Network Storage Purchase 8. LEGISLATION Ordinances for first reading: a) Ordinance No. 5995: 2020 Year-end Budget Ordinance (See Item 7.a) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 4:30 p.m. - MEETING REMOTELY 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 INTERIM ZONING CONTROLS: HOMELESS SHELTERS Renton City Council Public Hearing November 23, 2020 Presented by: Paul Hintz, Senior Planner 425-430-7436 [email protected] AGENDA ITEM #3. a) AGENDA PROPOSAL UPDATE RENTON MUNICIPAL CODE (RMC) WITH AN EMERGENCY ORDINANCE (INCLUDED IN TONIGHT’S AGENDA) TO: 1. Clarify RMC land use definitions, and remove one land use; 2. Clarify and correct text related to Title IV’s unclassified use interpretation process, the distinctions between “principal” and “accessory” uses, and staff titles; 3. Allow a single COVID-19 Deintensification Shelter for a limited term; and 4. Add the following land uses along with approval criteria/standards, and zoning locational and scale limitations: “extended-stay hotel” and “homeless services use.” AGENDA ITEM #3. a) AGENDA BACKGROUND COVID-19 Pandemic: In early 2020, the World Health Organization announced that the novel coronavirus (COVID-19) was a global pandemic. County Health Order: On March 31, 2020, King County’s Local Health Officer issued a Local Health Officer Order authorizing King County to use only “legally available” resources to “de- intensify or reduce the density of existing homelessness shelters and encampments” in response to the COVID-19 pandemic. Red Lion Hotel: On or about April 9, 2020, in coordination with King County and under King County’s lease with Red Lion Hotel and Convention Center (located at 1 South Grady Way), the Downtown Emergency Service Center (DESC) began using the Red Lion Site as a COVID-19 de-intensification shelter for persons experiencing homelessness. AGENDA ITEM #3. a) AGENDA BACKGROUND CITY STAFF IMMEDIATELY MADE THE FOLLOWING LAND USE AND ZONING DETERMINATIONS REGARDING THE COVID-19 SHELTER: 1. A “Hotel” is the only lawfully established land use on the Red Lion Site; 2. the COVID-19 Shelter does not meet the RMC’s definition of a “Hotel”; 3. a “de-intensification shelter” is not a recognized land use in RMC; and 4. a “diversion facility / diversion interim service facility” or “congregate residence” are the only land uses most similar to the COVID-19 Shelter and neither of those land uses are allowed within the Red Lion Site’s Commercial Arterial (CA) zone. AGENDA ITEM #3. a) AGENDA BACKGROUND MOU NEGOTIATIONS DISSOLVED: Attempts to negotiate an MOU with King County for an agreed upon date to terminate use of the Red Lion Site ended without commitment. FOV ISSUED: Subsequent to MOU negotiations dissolving, the City issued a two-count Finding of Violation for 1) land use not allowed in zoning designation and 2) operating without a City of Renton business license. HEX PUBLIC HEARING: King County and Red Lion Site owners both requested a hearing to challenge the FOV, which was held before the City’s Hearing Examiner (HEX) on August 14, 2020, with DESC also participating in the hearing. (King County, DESC, and Red Lion Site ownership are referred to as the “shelter operators”) AGENDA ITEM #3. a) AGENDA BACKGROUND – HEX DECISION SHELTER OPERATOR’S ARGUMENT (paraphrased): COVID-19 Shelter is a hotel. CITY’S ARGUMENT (paraphrased): (1) the COVID‐19 Shelter does not meet the RMC definition of a “hotel” land use; (2) the COVID‐19 Shelter’s operations appeared to most closely align with the RMC definitions for the “diversion facility / diversion interim service facility” land use or the “congregate residence” land use; and (3) neither the “diversion facility / diversion interim service facility” land use nor the “congregate residence” land use is allowed within the CA zone (which is the Red Lion Site’s zoning designation). HEX DECISION: By written decisions dated August 31, 2020 and October 2, 2020, the HEX ruled on the FOV and directed Shelter Operators to either to cease the current use of the Red Lion Site within 60 days or to apply to the City for an “unclassified use” interpretation. ITEM #3. a) AGENDA BACKGROUND – HEX DECISION HEX DELIBERATIONS: Based on existing code, the HEX opined City staff will likely determine that the outcome of the unclassified use interpretation may be to deem the COVID‐19 Shelter a “Hotel” land use, a “Social Service Organizations” land use, or a combination of the two. Regarding the “Hotel” land use, the HEX’s Decision noted (in part): “The most compelling reason to disagree with the City’s 30‐day interpretation [regarding Hotel uses] is simply that the Renton City Council didn’t expressly adopt a 30‐day limit for hotel stays.” Regarding the “Social Services Organizations” land use, the HEX’s Decision states (in part): “There is the argument to be made that added overnight shelter use [to a “Social Services Organizations” use which only expressly allows “day shelter” use] could reduce the impacts of a day shelter and thereby make a conditional use permit unnecessary. If the Council considered a overnight shelter a more benign use than a day shelter, it would have expressly authorized it as a AGENDA ITEM #3.
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