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HomeMy WebLinkAbout12-21-1992 (}\t,)' OJ' ..;.øT:~~"""" Auburn ~"..., ~~~y:"~ YSllin~\O CITY OF AUBURN CITY COUNCIL MEETING MINUTES December 21, 1992 7:30 p.m. I. CALL TO ORDER The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. A. Flag Salute Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner and Councilmembers Wagner, Burns, Borden, Barber, Brothers, and Kurle. Councilmember Weekley was excused. Staff members in attendance included Police Chief Jake Evans, Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks & Recreation Director Len Chapman, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. Other staff in attendance included Police Captain Ray Sherman. C. Announcements and Aooointments 1. Announcements Christmas Tree of Giving Mayor Roegner took this opportunity to advise members of the community and staff that the Christmas tree located in the lobby of Auburn City Hall was purchased by Auburn City Council Members. Over the years this tree has been known to become the Giving Tree. This year there were in excess of 700 names of people in need that were placed on the tree, and all but less than 100 will receive donated gifts from city staff, and many people in the community. On behalf of the Auburn City Council, Mayor Roegner thanked everyone who volunteered to take a stocking from the tree. He said it makes you feel good about living in Auburn. Mayor Roegner also thanked the Auburn City Council for their donation of the Christmas tree. 2. Aooointments a. Board & Commission Aooointments City Council to confirm the appointments of Auburn Board and Commission members as follows: Airoort Advisorv Board A3.8.1 Term Will Exoire Robert Grube Dave Morgan 12/31/96 12/31/97 CITY OF AUBURN COUNCIL MEETING December 21, 1992 Arts Commission A3.8.2 Dr. Herman Ansingh Karla Seman Susan Lochner 12/31/95 12/31/95 12/31/95 Cemetery Board A3.8A Tom Hikida 12/31/97 Park Board A3.8.B Brian Crain Mary Tungsvik 12/31/95 12/31/95 Planning Commission A3.8.14 Ed Eaton 12/31/97 Motion by Councilmember Kurle to confirm the appointments as listed above. Second by Councilmember Burns. MOTION CARRIED UNANIMOUSLY. 6-0. D. Agenda Modifications - None. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Prior to opening the public hearing, Mayor Roegner announced that the proposed annexation property abuts and includes a small portion of property that is owned by he and his wife. Mayor Roegner stated he is not a proponent or an opponent with regard to this annexation. He further stated that he has been advised by the City Attorney, in the spirit of the Appearance of Fairness Doctrine, that he excuse himself from the meeting with regard to this property and turn the gavel over to Councilmember Kurle, Mayor Pro Tern, to conduct the public hearing. Mayor Roegner noted for the record that he was approached by the proponent of the annexation a number of months ago. Mayor Roegner regretfully could not remember his name. He said that he referred the proponent to the Planning Department to pursue the annexation, and at that time he did not express any support or opposition to the project. Additionally, Mayor Roegner further noted this past Sunday, a Mr. Defoe, a new neighbor in the area of the proposed annexation, contacted Mayor Roegner at his residence to express his opposing viewpoint with regard to the proposed annexation. At that time Mayor Roegner explained to Mr. Defoe that legally he is unable to discuss the matter with him or with any of his neighbors. Mayor Roegner requested Councilmember Kurle accept the gavel and to act in his stead. Mayor Roegner withdrew from any consideration with regard to the proposed annexation Application No. ANXOOO 1-92, and left the Council Chambers. It was announced that after the conclusion of the public PAGE 2 CITY OF AUBURN COUNCIL MEETING December 21, 1992 hearing and action by the Auburn City Council, Mayor Roegner will then return to the meeting. 1. Aoolication No. ANXOOOI-92 OPER 3.1 ANXOOOI-92 The request of K. L. Danielson, Et AI, to have a 5.2 acre parcel of property annexed into the City of Auburn. The property is located on the city's eastern boundary just north of the Chinook Elementary School. Mayor Pro Tern Kurle opened the public hearing. Judy Defoe 3525 Scenic Drive S.E., Auburn, W A Judy Defoe introduced herself as a new resident near the area proposed for annexation. Due to the economy she and her husband carefully considered choosing this neighborhood to buy a home. They were told the land behind their home was a green belt and is part of the school and would not be developed. Ms. Defoe requested further information with regard to the proposed annexation, and what could occur if the school sold the land to a private investor. Ms. Defoe said she is opposed to the proposed annexation. She expressed concern with regard to development of this property due to endangering the wildlife that currently exists, land clearing, drainage, and the loss of privacy. Ms. Defoe asked that the Council consider at least a thirty to fifty foot natural buffer along the school path directly behind her home. Richard Nevitt Richard Nevitt represents the applicant of the proposed annexation. Mr. Nevitt stated the Auburn School District owns a ninety foot piece of land that runs parallel to Ms. Defoe's backyard and acts as a buffer between the two projects. Mr. Nevitt stated an additional 30 foot natural buffer leaving all the vegetation is proposed. There will be 92 feet which the school owns plus an additional 30 feet for natural buffers. Mr. Nevitt stated the proposed zoning is an R-l (Single Family). The initial application proposes is for eight to twelve single family residences. Mr. Nevitt stated the comments they received from staff with regard to the draft environmental checklist requires them to maintain the vegetation, and to keep the property in its natural state. The applicant intends to top some trees to provide a view of the Green River Valley. Dave Dzingle - 3610 Scenic Drive S.E., Auburn, W A Mr. Dzingle asked what the anticipated price range of the homes would be? Paul Weiser - 12637 S.E. Green Valley Road, Auburn WA Mr. Weiser is a resident of the Green River Valley. His property adjoins the proposed annexation property which used to be part of his farm. Mr. Weiser said this proposed annexation property provides a buffer between the city and a rural setting. It also balances the landscape and the beauty of the hillside. He does not want that taken away. PAGE 3 CITY OF AUBURN COUNCIL MEETING December 21, 1992 Mr. Weiser spoke a.bout issues such as traffic concerns, access to the property, and population growth. He concluded his comments by requesting the Council to reconsider the annexation of the proposed property. Bill Faye - 3615 Scenic Drive S.E. Auburn WA Bill Faye is a resident near the proposed annexation property. Mr. Faye has concerns with regard to development of this property by endangering the wildlife that currently exits, the slope of the hillside, zoning, and the loss of a recreation site for children. He felt consideration should be given with regard to density, geological stability and storm drainage. Mr. Faye finalized his comments by stating the City of Auburn should look hard prior to considering proceeding with this annexation. Motion by Councilmember Burns, second by Councilmember Borden to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Some of the Councilmembers raised questions with regard to comments made during the public hearing. Some of the issues addressed by staff and Council included clarification of the School District's property currently used for a path from Chinook Elementary and the additional buffer proposal. Staff responded to the questions raised by the City Council by displaying on an overhead projector an illustration of the proposed annexation map as provided in the Council packet. With regard to the buffer proposal, it was pointed out where the path is located in relation to the proposed annexation property. Steve Lancaster confirmed that the School District owns a 92 foot width parcel between the Danielson parcel and the Scenic Drive neighborhood, and pointed out the additional 30-foot buffer is a preliminary proposal at this time, but would be reviewed at the time a Preliminary Plat application is filed. This process will include a public hearing. Slope stability issues and the need to protect vegetation will be addressed according to the State Environmental Policy Act and our environmental policies which are evalua.ted on a case by case basis. Steve Lancaster commented on the preliminary discussions with regard to the 1000 foot cul-de-sac road proposed to access the property. This length exceeds the city's standard for street construction. He said a tentative proposal has been discussed with regard to emergency-only access into the property from the School District property. Steve Lancaster addressed the city's annexation policies as they relate to the proposed annexation property and proposed zoning. He said upon annexation of this property the property will automatically assume the City's R -1, single family zone designation. If the owner wanted to change the zoning designation, the applicant would then have to apply for a rezone which also includes a public hearing process. PAGE 4 CITY OF AUBURN COUNCIL MEETING December 21, 1992 With regard to development of the proposed annexation property, Councilmember Burns felt it is in the best interest of the residents on Scenic Drive to annex this property into the City of Auburn. He said due to the Growth Management Act, future development may cause a greater concentration of housing than single family and the odds are if this doesn't develop into single family housing now, it may develop into multi-family at some future under the County's jurisdiction. Councilmember Burns stated that water runoff due to the development will be managed by standard City of Auburn storm drainage facilities. He then referenced the Cedar River located in the Maple Valley area where the County has not allowed for storm drainage and property owners are faced with flooding problems and noted such is not the situation in the City. Motion by Councilmember Burns to approve the annexation and to instruct the City Attorney to prepare the necessary resolution and the Planning Department to prepare the notice of intention and forward it to the Boundary Review Board. Second by Councilmember Borden. MOTION CARRIED UNANIMOUSLY. 6-0. Mayor Roegner returned to the Council Chambers. 2. Aoolication No. ANX0002-92 OPER 3.1 ANX0002-92 An Annexation petition has been filed by property owners David E. and Donna M. Stratton to annex property approximately 5.13 acres in size located on the west side of the West Valley highway in the 2700 block. Mayor Roegner opened the public hearing and asked for citizen input with regard to the public hearing three times. No one indicated a desire to speak for or against the proposed annexation. Motion by Councilmember Burns, second by Councilmember Borden to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Burns, second by Councilmember Barber to approve the annexation and to instruct the Planning Department to prepare the notice of intention and forward it to the Boundary Review Board. MOTION CARRIED UNANIMOUSLY. 6-0. B. Audience Particioation Mayor Roegner said it has been brought to his attention that there might be citizens in the audience this evening wishing to comment upon Council Agenda Item VI.A with regard to Application No. PL TOOO 1-92. He said at this time the City Council may either affirm the Hearing Examiner's PAGE 5 CITY OF AUBURN COUNCIL MEETING December 21, 1992 decision, remand to the Examiner, or schedule a public hearing in order to take new testimony at that time. Now would be a time that citizens may request the City Council schedule a public hearing. Mayor Roegner invited citizens in the audience this evening who may want to bring to attention of the City Council something occurring in the community or later in tonight's agenda to come forward. No one indicated a request for recognition. C. Corresoondence 1. Three letter dated December 1, 1992 from Phyllis L. Heppenstall, President of Peekay, Inc., dba Lovers Package Stores, to Councilmembers Weekley, Borden, and Burns, expressing support of the Supermall. 2. Two letter dated received in the City Clerk's Office on December 8, 1992 to Councilmembers Borden (Trish), and Weekley from D. Salhus expressing support of the Supermall. 3. Letter dated received by the City Clerk's Office on December 8, 1992 to Auburn City Council Member from C. Louise Creson expressing support of the Supermall proposal. 4. Letter dated December 7, 1992 to Mayor Roegner from Dwight Bale expressing support of the Supermall. 5. Two letters dated December 7, 1992 to Mayor Roegner and Auburn City Council from Philander G. and Gwen Grier expressing support of the Supermall. 6. Memo dated November 30, 1992 from Mr. and Mrs. L. Moravec to All Members of Auburn City Council expressing their strong support in the development of the Mall. 7. Letter dated December 11, 1992 to Mayor Roegner and City Council Members from Julie Wallsinger expressing support of the Supermall. 8. Letter dated December 5, 1992 to City Council Members from Margo Wolfe expressing support of the Supermall. 9. Letter dated December 16, 1992 from Paul T. Wieser with regard to the a proposed annexation of property under Application No. ANXOOOI-92. III. COUNCIL COMMITTEE REPORTS A. Municioal Services A3.6.4.4 Chairman Brothers announced that the Municipal Services Committee did not meet today, and previous minutes are of public record. The next meeting of the Municipal Services Committee will be Monday, January 4, 1993 at 4:30 p.m. PAGE 6 CITY OF AUBURN COUNCIL MEETING December 21, 1992 B. Planning & Community Develooment A3.6.4.4 Chairman Burns reported that the Planning & Community Development Committee has not met since our last meeting. The next regularly scheduled meeting of the Planning & Community Development Committee is scheduled for Monday, December 28, 1992 at 5:30 p.m. C. Public Works A3.6.4.4 Chairman Wagner reported the Public Works Committee met at 5:30 p.m. today to discuss the Commute Trip Reduction Act. The next meeting of the Public Works Committee is scheduled for January 4, 1993 at 5:30 p.m. D. Finance A3.6.4.4 Chairman Barber reported that the Finance Committee met prior to the Council meeting at 7:00 p.m. Chairman Barber requested Council support of those items appearing on tonight's agenda. The next meeting of the Finance Committee is scheduled for January 4, 1993 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the December 7, 1992 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 79410 through 79719 in the amount of $1,381,167.45 and dated December 21, 1992. 2. Payroll numbers 186130 through 186694 in the amount of $899,196.36 covering the period December 8, 1992 through December 16, 1992. C. Interfund Loan FIN 4.7 Request interfund loan for L.I.D. #345 (Sidewalk Improvement #14) from Water Fund (Fund 430) in the amount of $50,000.00 at the rate of 3.41 % interest for the period of November 30, 1992 to November 30, 1993. D. Utilitv Adiustment FIN 4.5.2 Recommend approval of utility adjustment to account 2.31.1650 in the amount of $170.64. Motion by Councilmember Kurle, second by Council member Burns to approve Consent Agenda Items IV.A thru IV.D. MOTION CARRIED UNANIMOUSLY. 6-0. V. OLD BUSINESS - None. PAGE 7 CITY OF AUBURN COUNCIL MEETING December 21, 1992 VI. NEW BUSINESS A. Aoolication No. PLTOOOI-92 OPER 3.5 PLTOOOI-92 The request of Ronald Anderson for a Preliminary Plat to be known as "Lyman's Farm Addition to Auburn", a 3.70-acre single-family plat consisting of 21-1ots in an R-2 single-family zone located on the west side of "K" Street S. E. in the 2200 block. Some of the Councilmembers raised questions with regard to when the improvements to K Street will take place and how they will be paid for. Other questions raised were in regard to storm drainage and whether or not the street intersection modification raises a public safety concern. Lancaster said the improvements to K Street will be in accordance to the City's ordinances. One of the requirements is that they improve half of K Street S.E. adjacent to the plat as the plat develops. An exception to this requirement would be if the property owner seeks and is granted by the City a Street Delay Agreement to delay the improvement of curbs, cutters and sidewalks until such time a larger improvement of K Street takes place. At this time, he said improvements to the remainder part K Street S.E. are not planned but could move it forward on a priority list if a delay agreement was granted. With regard to the storm drainage system, Frank Currie stated the proposed detention system would serve the street and sidewalks, and could also be designed to serve the individual home sites. Alternatively, the home sites could have their own individual on-site retention systems. Frank Currie stated that the street modification includes a curb radius at the intersection of the cul-de-sac with 23rd Street S.E. which does not meet current development guidelines due to a sliver of private property. Directing attention to the overhead projector which illustrates the map in the Council packet, Frank Currie said the safety concern raised with regard to street construction has been determined to be insignificant. Motion by Councilmember Burns, second by Councilmember Barber to approve the preliminary plat based upon the Hearing Examiner's Findings of Fact, Conclusions, and Conditions and to instruct the City Attorney to prepare the necessary resolution. MOTION CARRIED. 5-1 with Councilmember Wagner voting no. VII. ORDINANCES AND RESOLUTIONS A. Ordinances F4.3, 04.7.2 City Attorney Stephen Shelton read each title to the ordinances out loud. 1. Ordinance No. 4587 FIN 3.6 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept Schedule "A" which relates to the City PAGE 8 CITY OF AUBURN COUNCIL MEETING December 21, 1992 of Auburn 1992 budget reallocation of funds in various accounts in several funds pursuant to RCW 35A.33.120. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Ordinance No. 4587. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 4594 FIN 6.8, ADMIN 3.16.2 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Chapter 5.82 entitled "Telephone Business", specifically Auburn City Code Section 5.82.020 entitled "Competitive Telephone Service Defined", to comply with Chapter 80.36 RCW entitled "Telecommunications" . Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Ordinance No. 4594. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions City Attorney Stephen Shelton read each title to the resolutions out loud. 1. Resolution No. 2360 OPER 3.1 ANX0002-92 A Resolution of the City Council of the City of Auburn, Washington, relating to its intention to annex certain property located on the west side of the West Valley Highway in the 2700 block. Motion by Councilmember Burns, second by Councilmember Borden to introduce and adopt Resolution No. 2360. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 2361 OPER 4.10, ADMIN 1.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing execution of an interlocal agreement between Municipality of Metropolitan Seattle and the City of Auburn for the purpose of carrying out certain provisions of the Commute Trip Reduction Action of 1991. Motion by Councilmember Wagner, second by Councilmember Burns to introduce and adopt Resolution No. 2361. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Resolution No. 2362 ADMIN 3.12.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract for public defense services between the City and Timothy A. Jenkins, attorney at law. PAGE 9 CITY OF AUBURN COUNCIL MEETING December 21, 1992 Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Resolution No. 2362. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No 2363 FIN 6.8, ADMIN 3.16.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to enter into an agreement with the Interstate Mobilephone Company for acceptance by the City of Auburn of Seventy Thousand and Sixteen Dollars and Seventy-one Cents ($70,016.71) previously collected by Interstate Mobilephone Company from their subscribers within the City of Auburn based on the rate of taxation imposed under Auburn City Code Chapter 5.82. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Resolution No. 2363. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT Mayor Roegner announced there would be an Executive Session for approximately 15-20 minutes to discuss matters of personnel. He indicated there would be action as a result of the Executive Session. Most of the staff was excused. The Council convened into Executive Session at 8:29 p.m. A. Executive Session The meeting was reconvened at 8:50 p.m. Motion by Councilmember Kurle to authorize unaffiliated compensation plan, as established pursuant to Auburn City Code 2.88, be increased by 3% for cost of living effective January 1, 1993; and the rest of the words as written on the agenda bill for A, B & C. Second by Councilmember Burns. MOTION CARRIED UNANIMOUSLY. 6-0. For the purpose of these minutes, items approved above for a continuation of A, Band C are written below as on the agenda bill. A. ...and that the council shall consider after completion of City wide salary adjustments whether further adjustment to the compensation plan for unaffiliated employees is appropriate. B. That the council reaffirms its 1989 policy that the City's contribution to any unaffiliated employee health benefit plan continue to be determined by the rate of the City's current contribution to the A WC Plan A plus two thirds of any increase; provided that the employee contribution in a Group Health plan will not exceed the amount the employee would pay as a participant in Plan A. PAGE 10 CITY OF AUBURN COUNCIL MEETING December 21, 1992 C. That other benefits for unaffiliated employees continue as provided in 1992. Motion by Councilmember Kurle, second by Councilmember Burns to approve a 5.2% average increase for Department Heads consistent with the Mayor's recommendations. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Kurle to approve a 6% increase on base salary for Mayor Roegner and that the deferred compensation be paid the same dollar amount as last year. Second by Councilmember Burns. MOTION CARRIED UNANIMOUSLY. 6-0. IX. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned at 8:53 ;~ I!H/c{~) AJtdLkL~ Bob Roegner, Mayor Robin Wohlhueter, City Clerk 92MI2-21 PAGE 11