HomeMy WebLinkAbout11-19-2001 CITY OF AUBURN
COUNCIL MEETING MINUTES
November 19, 2001 7:30 PM
I. CALL TO ORDER
A. Flag Salute
Mayor Charles A. Booth called the meeting to order at 7:30 PM and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
Mayor Booth and the following Councilmembers were present:
Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Sue Singer,
and Stacey Brothers. Councilmember Pete Lewis was excused.
Staff members present included: Assistant Planning Director Lynn
Rued, Associate Planner Shirley Aird, City Attorney Michael J.
Reynolds, Human Resources Director Brenda Heineman, Finance
Director Shelley Coleman, Public Works Director Christine Engler,
City Engineer Dennis Dowdy, Solid Waste Supervisor Sharon
Conroy, Parks and Recreation Director Dick Deal, Storm Drainage
Engineer Tim Carlaw, Fire Chief Bob Johnson, Police Chief Jim
Kelly, and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a) Proclamation - Hang Up and Drive Day
Mayor Booth presented a proclamation declaring
November 20, 2001 as "Hang Up and Drive Day" in
the city of Auburn to Sunne Sadlier representing the
Auburn Riverside High School DECA Club.
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City of Auburn Council Meeting Minutes November 19, 2001
2. Appointments
a) City Attorney
City Council to confirm the appointment of Daniel B.
Held as City Attorney effective December 17, 2001.
City Attorney Reynolds offered information on the
background of Mr. Held. City Attorney Reynolds has
known Mr. Held since 1982. Mr. Held served as City
Attorney in the cities of Sunnyside and SeaTac and is
currently City Attorney for the City of Lakewood. City
Attorney Reynolds recommended the Council confirm
the appointment of Mr. Held. City Attorney Reynolds
thanked the City Council for the opportunity to serve
the City for the past eight years. Human Resources
Director Heineman added that Mr. Held completed an
interview and reference process. Ms. Heineman
stated Mr. Held comes with high references from the
City of Lakewood and the Washington Cities
Insurance Authority.
Councilmember Barber moved and Councilmember
Brothers seconded to confirm the appointment of
Daniel B. Held as City Attorney effective December
17, 2001.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. A.clenda Modifications
Agenda modifications included a revised agenda bill and
attachments regarding the Professional Services Agreement with
Tetra Tech/KCM Inc. transmitted under Item VI.A of these minutes;
the Hearing Examiner's meeting minutes and decisions regarding
Application Nos. REZ01-0002 and REZ01-0005 transmitted under
Items VI.B and VI.C, respectively; corrected text of Ordinance No.
5602 transmitted under Item VII.A.2 of these minutes, and the
addition of Ordinance No. 5607 transmitted under Item VII.A.6 of
these minutes.
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City of Auburn Council Meeting Minutes November 19, 2001
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Closed Record Hearin.cl
This is a closed record hearing where any public testimony must be
strictly limited to the issues involving the proposal and must also be
limited to comments "on the record". No new or additional
evidence may be allowed.
1. Application Number CAP01-0001
A3.23.1 CAP01-0001
City Council to conduct a closed record hearing on an
appeal filed by Dennis Sheehan on the Hearing Examiner's
decision to approve a special home occupation permit to
allow a dog grooming business located in a home at 31325
112th Avenue SE.
Assistant Planning Director Rued presented the staff report
for Application Number CAP01-0001. The Hearing
Examiner approved a special home occupation permit to
allow for a small in-home dog grooming business located on
Lea Hill. One of the neighbors, Mr. Dennis Sheehan, has
appealed the Hearing Examiner's decision to the City
Council.
Mayor Booth opened the closed record hearing.
Dennis Sheehan, 11108 SE 31 3th Street, Auburn, WA
Mr. Sheehan identified himself as the appellant. He
expressed his opposition to any kind of business located in a
residential district that increases traffic.
Hazel Thorpe, 31325 112th Avenue SE, Auburn, WA
Ms. Thorpe spoke on behalf of her application for a special
home occupation. She estimated there would be no more
than one or two cars at her house at any one time. She
stated that her residence could accommodate parking for up
to five vehicles. Ms. Thorpe described 112th as a "used"
street and believes an additional four to six additional cars a
day would not impact the neighborhood.
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City of Auburn Council Meeting Minutes November 19, 2001
In response to questions from Councilmembers, Ms. Thorpe
responded that a dog could stay on the premises for up to
four hours, which includes grooming time and time waiting to
be picked up. No dogs are kenneled outdoors. The square
footage of her property is estimated at 17,000 square feet.
Councilmember Borden moved and Councilmember Singer
seconded to close the hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Councilmember Borden questioned the number of dogs a
resident may own and the procedure for rescinding a special
home occupation permit. Assistant Planning Director Rued
reported that a resident may own a maximum of four
household pets. Mr. Rued explained that a special home
occupation permit could be terminated by the Hearing
Examiner following a public hearing and upon finding that
the applicant is not operating according to the permit
conditions.
Councilmember Borden moved and Councilmember
Brothers seconded to affirm the Hearing Examiner's decision
and deny the appeal.
Councilmember Wagner indicated he would vote against the
motion to affirm as he believes there will be noise issues for
the current residents as well as future residents to the south
of the Thorpe residence.
Councilmember Singer expressed opposition to home
occupations which result in customers coming to the home.
Councilmember Barber spoke in favor of the motion noting
that residents are allowed to own up to four dogs and Ms.
Thorpe's business closes at 5:00 PM,
MOTION CARRIED. 4-3. Councilmembers Wagner, Singer
and Poe voted no. Mayor Booth cast the tie-breaking vote.
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City of Auburn Council Meeting Minutes November 19, 2001
B. Public Hearings
1. Proposed Solid Waste Collection Rates
F4.3, 04.7
City Council to conduct a hearing to receive public
comments with regard to rate changes for solid waste
collection services.
Public Works Director Engler provided the staff report. The
proposed solid waste rates have been published in the
South County Journal in accordance with state law, and the
public hearing provides the public with an opportunity to
respond to the rate proposals.
Mayor Booth opened the public hearing.
Leonard Couch, 1203 28th Street SE, Auburn, WA
Mr. Couch questioned the additional cost for recycling
service. Public Works Director Engler advised that the cost
depends on the size of the garbage container used by the
household. For customers with a 10 or 20-gallon can, no
increase in garbage rates is proposed.
Councilmember Singer moved and Councilmember Poe
seconded to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
C. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue.
Bart Brynestad, 915 118th Avenue SE, #300, Bellevue, WA, 98005
Mr. Brynestad spoke on behalf of Opus NW LLC's rezone
application REZ01-0002. The rezone affects fifteen acres of
property located south and west of the Supermall. He urged the
Council to approve the application.
Darell Hunt, 901 25th Street SE, Auburn, WA
Mr. Hunt complimented the City on the veterans' parade held this
year. Mr. Hunt expressed concern that several businesses in the
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City of Auburn Council Meeting Minutes November 19, 2001
City Of Auburn are not in compliance with the Americans with
Disabilities Act. He expressed concern that the City does not have
a coordinator for people with disabilities and urged the Council to
create the position. Mr. Hunt also spoke regarding the need for
additional on-street disabled parking stalls. Mr. Hunt complained
that his street is unpaved and is therefore not in compliance with
the law, specifically the Architectural Barrier Removal Act. Mr.
Hunt reported that he has fallen out of his wheelchair six times
because of the unpaved street and has suffered from sinus
infections due to the dust from the unpaved street.
D. Correspondence
No correspondence was received for City Council review.
III. COUNCIL COMMITTEE REPORTS
A3.7.s
A. Municipal Services
Chair Poe-reported the Municipal Services Committee met this
evening. The Committee discussed the retail space at the transit
parking garage and potential contracts for architectural services.
The Committee also briefly reviewed the leasing activity for the
parking garage retail area and the police shooting range. The next
regular meeting of the Municipal Services Committee is scheduled
for December 3, 2001 at 5:00 PM.
B. Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met .last week. The Committee requests Council
approval of a contract with Patty McDonald and an annexation
petition for property located on the west hill of Auburn. The regular
meeting of the Planning and Community Development Committee
scheduled for November 26, 2001 was cancelled. The next regular
meeting of the Committee is scheduled for December 10, 2001 at
6:30 PM.
C. Public Works
Chair Wagner reported the Public Works Committee met November
13, 2001. The Committee discussed amendments to the
Stormwater Comprehensive Drainage Plan and the Comprehensive
Plans for Water and Sewer. The Committee also reviewed the
water cost of service study. The next regular meeting of the Public
Works Committee is scheduled for November 26, 2001 at 3:30 PM.
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City of Auburn Council Meeting Minutes November 19, 2001
D. Finance
Chair Barber reported the Finance Committee met this evening at
6:30. The Committee recommended approval of consent items,
Ordinance No. 5602, and Ordinance No. 5609. The Committee
discussed the GASB 34 standards, a Safety/Risk Manager
position, and the public defender contract. The next regular
meeting of the Finance Committee is scheduled for December 3,
2001.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the October 29, 2001 special City Council
meeting.
2. Minutes of the November 5, 2001 regular City Council
meeting.
3. Correction to October 15, 2001 minutes to reflect correct
payroll period:
"Payroll check numbers 264892 to 265058 in the
amount of $553,703.47 and electronic deposit
transmissions in the amount of $739,271.84 for a
grand total of $1,292,975.31 for the pay period
covering September 1327, 2001 to Soptombor 26
October 10, 2001.
B. Vouchers
F4.9.2,F4.9.5
1. Claims
Claims check numbers 305618 through 306218 in the
amount of $2,979,270.58 and dated November 19, 2001
and wire transfer in the amount of $506,698.81.
2. Payroll
Payroll check numbers 265222 to 265382 in the amount of
$506,574.80 and electronic deposit transmissions in the
amount of $726,906.57 for a grand total of $1,230,481.37 for
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City of Auburn Council Meeting Minutes November 19, 2001
the pay period covering November 1, 2001 to November 15,
2001.
C. Contract Administration
1. Public Works Project Number C0016
04.4.2.1
City Council to approve Contract Change Order No. 4 in the
amount of $22,368.44 to Steele Corporation for Contract No.
00-16, Public Works Project No. C0016, Auburn Senior
Center Renovation Project.
2. Small Works Project Number C9055
04.6.3 c9055
City Council to approve Final Pay Estimate No. 2 in the
amount of $6,416.49 to Pacific Environmental Services
Company and accept construction of Project No. C9055,
Contract No. 01-10, Sanitary Sewer Pump Station Corrosion
Control Program.
3. Small Works Project Number C8049A
04.8.1 C8049A
City Council to approve Final Pay Estimate No. 1 in the
amount of $81,311.45 to Buckley Nursery Company and
accept construction of Project No. C8049A, Contract No. 01-
16, Brannan Park Bioswale-Low Flow Channel.
4. Professional Services Agreement with Hart Crowser, Inc.
A3.16.9
City Council to approve Amendment No. 2 to Agreement for
Professional Services Agreement No. AG-C-148 with Hart
Crowser, Inc. for work related to Project C1004, Mill Creek
Tributary.
Councilmember Barber moved and Councilmember Wagner
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 6-0.
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City of Auburn Council Meeting Minutes November 19, 2001
V. UNFINISHED BUSINESS
There was no item under this section for City Council consideration.
VI. NEW BUSINESS
A. Professional Services Agreement with Tetra Tech/KCM Inc.
A3.16.9, O3.4.1.10
City Council to approve Amendment No. 3 to Agreement for
Professional Services Agreement No. AG-C-130 with Tetra
Tech/KCM Inc. for work related to the 2001 Stormwater
Comprehensive Drainage Plan.
Storm Drainage Engineer Tim Carlaw presented the staff report
regarding the Professional Services Agreement with Tetra
Tech/KCM Inc. He referred to the materials contained in the
agenda modification and maps of the areas affected by the current
building moratorium and storm drainage basins E and P.
Mr. Carlaw reviewed the work accomplished under Amendment No.
2 to the Agreement for Professional Services with Tetra Tech/KCM
Inc. Amendment No. 2 work consists of remodeling and redefining
the 100 Year Flood Plain for the Mill Creek drainage area from 37th
Street south to Main Street. The moratorium area extends from
Highway 18 to 15th Street NW and Highway 167 to the Union
Pacific Railroad track. Mr. Carlaw reported that, according to the
modeling, the flood plain for the existing 1998 land use is
approximately two feet higher than the FEMA 1987 delineation.
The consultant and staff will proceed with submissions to FEMA for
a flood plain map revision.
Amendment No. 3 to the Agreement for Professional Services with
Tetra Tech/KCM Inc., includes work to review impact of Basin "E"
(downtown area) on Basin "P" (the moratorium area); provide
technical support and identify potential solutions and projects in
order to lift the building moratorium; map the future 100-year flood
plain on Mill Creek to establish a new FEMA boundary; identify
areas of contribution to flooding problems in Mill Creek; and
analyze the impact of the Downtown Plan's exemption of
redevelopment projects from providing on-site stormwater controls
and its apparent conflict with NPDES Phase II federal discharge
requirement standards.
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City of Auburn Council Meeting Minutes November 19, 2001
In response to questions from Councilmember Brothers and
Councilmember Wagner, Mr. Carlaw confirmed that mitigation
could be performed off-site to meet federal compliance standards.
The consultant believes it is unnecessary to look at conveyance
north of 37t~ Street for the purpose of this study.
Councilmember Wagner moved and Councilmember Singer
seconded to approve Amendment No. 3 to the Professional
Services Agreement No. AG-C-130 with Tetra Tech/KCM Inc.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Application Number REZ01-0002
03.8 REZ01-0002
City Council to consider the request of Auto Nation Corporation to
allow for more land uses in the Business Park zone on property
located at the southwest corner of 15th Street SW and O Street SW.
Assistant Planning Director Rued presented the staff report for
Application Number REZ01-0002 using an overhead slide depicting
the subject property and surrounding area. The City approved the
Business Park District for the property in 1995 with a list of allowed
uses. The property has not developed and remains vacant. Opus
NW LLC has an option to purchase the properly from Auto Nation.
and proposes to use some of the previously approved uses, except
for the motel and theater. The applicant has requested additional
uses, including manufacturing, not included in the original Business
Park zoning. Mr. Rued reviewed the site plan for the property and
the uses allowed in each of the proposed buildings.
The Hearing Examiner recommended approval with conditions
related to the property uses, size of the retail pad, traffic impact,
parking, landscaping, facades, signs, exterior lighting, and
pedestrian walkways.
Councilmember Borden moved and Councilmember Wagner
seconded to hold a closed record hearing on Application Number
REZ01-0002 to be held December 3, 2001.
MOTION CARRIED UNANIMOUSLY. 6-0.
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City of Auburn Council Meetina Minutes November 19, 2001
Bart BrVnestad, Opus NW LLC
Mr. Brynsestad explained that Opus NW LLC may lose its option to
purchase the property if the transaction cannot be completed by
the end of the year.
C. Application Number REZ01-0005
03.8 REZ01-0005
City Council to consider the request of Donald L. Blackwell to
rezone property located at 1502 A Street SE from the existing R-3,
Duplex, zoning to a proposed C~3, Heavy Commercial zoning.
Councilmember Borden moved and Councilmember Singer
seconded to approve the rezone based on the Hearing Examiner's
Findings of Fact, Conclusions and Decision, and request the City
Attorney prepare the necessary ordinance.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. ApDlication Number PLT98-0002
03.5 PLT98-0002
City Council to consider the request of Noorjack LLC for final plat
approval of Lakeland Highlands, previously known as Lakeland 5B,
a 33 lot single-family subdivision located generally between 51~t
Avenue and Nathan Loop.
Councilmember Borden moved and Councilmember Singer
seconded to approve the final plat of Lakeland Highlands and
instruct the City Attorney to prepare the necessary ordinance.
Councilmember Borden recalled the residents' wishes to include
the walkway in the plat. Councilmember Wagner expressed
support for the walkway and a design standard that would
skateboard-proof the walkway. Assistant Planning Director Rued
explained that plats are usually conditioned in the preliminary plat
process. City Attorney Reynolds cautioned that additional
impediments to skateboarders may create a liability.
Councilmember Singer spoke against requiring the developer to
construct the walkway
MOTION CARRIED. 5-1. Councilmember Singer voted no.
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City of Auburn Council Meetin.q Minutes November 19, 2001
E. Application Number ANX01-0002
03.1 AN×01-0002
City Council to consider the request of property owners to annex a
five parcel area consisting of approximately 23 acres located on the
West Hill in the vicinity of South 318th Street and 59th Avenue
South.
Councilmember Borden moved and Councilmember Singer
seconded to direct staff to prepare and circulate the sixty percent
annexation petition.
MOTION CARRIED UNANIMOUSLY. 6-0.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 5599
A3.8.12
An Ordinance of the City Council of the City of Auburn,
Washington, repealing Auburn City Code Chapter 2.69
entitled "Public Library" and creating Auburn City Code
Chapter 2.69 entitled "City of Auburn Library Board."
Councilmember Borden moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5599.
MOTION CARRIED UNANIMOUSLY. 6-0.
2. Ordinance No. 5602
A4.1.1
An Ordinance of the City Council of the City of Auburn,
Washington, announcing its intention to award the contract
for short-term disability insurance for Driver, Sales and
Warehouse Union Local 117 (Finance Clerical Employees)
and unaffiliated City employees, and long-term disability
insurance for unaffiliated City employees to the Standard
Insurance Company, through Superior Insurance.
Councilmember Barber moved and Councilmember Brothers
seconded to introduce and adopt Ordinance No, 5602.
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City of Auburn Council Meeting Minutes November 19, 2001
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Ordinance No. 5603
03.8 REZ01-0004
An Ordinance of the City Council of the City of Auburn,
Washington, providing for the rezoning of 1.86 acres of
property located at 916 22nd Street NE within the City of
Auburn, Washington, changing the zoning classification from
R-2 (Single Family) to R-4 (Multi-Family).
Councilmember Borden moved and Councilmember Singer.
seconded to introduce and adopt Ordinance No. 5603.
MOTION CARRIED UNANIMOUSLY. 6-0.
4. Ordinance No. 5605
F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 19.04
related to transpodation impact fees by amending Section
19.04.040 (B) for the purpose of requiring a transportation
impact fee on any change in land use that increases PM
peak hour trip generation by any number of new trips and
setting forth a method for calculating the transportation
impact fee therefore owed.
Councilmember Wagner moved and Councilmember Singer
seconded to return Ordinance No. 5605 to the Public Works
Committee for further discussion.
MOTION CARRIED UNANIMOUSLY. 6-0.
5. Ordinance No. 5606
F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 5506, Attachment
"A", codified as Auburn City Code Chapter 19.04 entitled
"Transportation Impact Fees" to include the correct impact
fee rate for commercial office up to 49,999 square feet.
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City of Auburn Council Meeting Minutes November 19, 2001
Councilmember Wagner moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5606.
MOTION CARRIED UNANIMOUSLY. 6-0.
6. Ordinance No. 5607
03.8 REZ01-0002
An Ordinance of the City Council of the City of Auburn,
Washington, approving revisions to the Business Park
designation approved in Ordinance No. 4962 for the 15.2
acres of property located at the southwest corner of 15th
Street and "O" Street SW within the city of Auburn,
Washington.
Ordinance No. 5607 was not considered by Council due to
Council action under Item VI.B of these minutes requiring a
closed record hearing on Application Number REZ01-0002.
7. Ordinance No. 5609
A3.11.2.2
An Ordinance of the City Council of the City of Auburn,
Washington, announcing its intention to include a number of
new provisions in the City's deferred compensation plan
document, adopted under Ordinance No. 3644, as
amended, to be rewritten or amended and approved no later
than December 31, 2002.
Councilmember Barber moved and Councilmember Brothers
seconded to introduce and adopt Ordinance No. 5609.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Resolutions
1. Resolution No. 3397
A3.16.7, A4.5.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Agreement to obtain the services of Patricia McDonald
Butts as a governmental relations consultant to represent
the City before the State Legislature, King County, the Puget
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City of Auburn Council MeetinR Minutes November 19, 2001
Sound Regional Council and other organizations for the City
of Auburn during the year 2002.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3397.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MAYOR'S REPORT
A. Executive Session
Mayor Booth recessed the meeting to executive session at 8:59
PM. City Attorney Reynolds reported that the following items would
be discussed in executive session: 1 ) an offer by a property owner
relating to real estate and litigation; 2) a real estate offer; 3) a
settlement agreement relating to existing litigation; and 4) collective
bargaining negotiations and personnel. City Attorney Reynolds
estimated the duration of the executive session to be twenty
minutes and action may be taken following the executive session.
At 9:20 PM, City Attorney Reynolds returned to the Council
Chambers and advised the executive session would continue to
approximately 9:45 PM.
Mayor Booth reconvened the meeting at 9:40 PM.
B. Madison Company Settlement Agreement
City Attorney Reynolds reported that the Settlement Agreement
with the Madison Company has been reviewed. The case has
been in litigation in King County Superior Court. The parties have
arrived at a settlement, which involves fees paid to the plaintiff and
real estate to be acquired by the City. City Attorney Reynolds
recommended the City Council approve the Settlement Agreement.
Councilmember Wagner moved and Councilmember Brothers
seconded to approve the Settlement Agreement with the Madison
Company as described by the City Attorney.
MOTION CARRIED, 5-0. Councilmember Poe abstained from
voting.
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City of Auburn Council Meetin.q Minutes November 19, 2001
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:42 PM.
Approved on the J day of December, 2001.
Charles A. Booth, Mayor D lie Daskam, City Clerk
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