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HomeMy WebLinkAbout06-17-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES June 17, 1996 7:30 p.m. I. CALL TO ORDER A, Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B, Roll Call Those in attendance included Mayor Booth and the following members of the City Council: Rich Wagner, Sue Singer, Jeanne Barber, Gene Cerino, and Stacey Brothers. Councilmember Poe arrived at 7:36 p.m. and after Item I.C.l.a of these minutes. Councilmember Borden was excused from the meeting. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Parks and Recreation Director Len Chapman, Library Director Andy Waters, Finance Director Diane L. Supler, Assistant Finance Director Arlene Mempa, Public Works Director Frank Currie, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, City Attorney Michael J. Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation Mayor Booth read and presented a proclamation designating the week of June 24, 1996 as Friends of the Library Week in the city of Auburn to Mary Caldwell. Ms. Caldwell identified other members of the Friends of the Auburn Public Library in Page l City of Auburn CounciiMeeting Minutes June 17. 1996 attendance this evening: June Boulanger, Mary Bratovich, Margaret Fiedler, and Dick Fiedler. b) Library Scholarship Award Mayor Booth and Mary Caldwell presented Andrea Nicole Ogston a $700.00 Friends of the Library Scholarship. Miss Ogston, accompanied by her parents, Ted and Pat Ogston, were present to receive the scholarship. Ms. Ogston is a 1996 Auburn High School graduate and is planning to attend Gonzaga University this fall. She has been an active volunteer in the community. Mayor Booth and members of the City Council congratulated Miss Ogston on her accomplishments. c) Proclamation Mayor Booth presented a proclamation to Don Small in recognition of his community service and designating him as an outstanding citizen of Auburn. For clarification of these minutes, Mayor Booth presented the proclamation to Mr. Small immediately following Item II.A.1 of these minutes. 2. Appointments a) Auburn Downtown Association City Council consideration on the following reappointments to the Business Improvement Area Committee of Ratepayers for the Auburn Downtown Association. Position No. Member Name Business Name Term 4 Pat Hately Allstate Insurance 6/30/97 5 Ji~hmie Kramlich Kramlich Insurance 6~30~99 6 Sharon Doughedy-Smith Uniform Station 6~30~99 7 Patty Osthus Key Bank 6~30~99 8 John Rottie Rotties Apparel 6~30~99 Motion by Councilmember Barber, second by Councilmember Cerino to approve the reappointments to the Business Improvement Area Page 2 City of Auburn Council Meeting Minutes June 17. '1996 Committee of Ratepayers for the Auburn Downtown Association. MOTION CARRIED UNANIMOUSLY. 6-0. D. Agenda Modifications There were no agenda modifications. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings The following hearing is considered a closed record hearing. Comments with regard to this issue are limited to the existing record. No new evidence or information is allowed to be submitted. 1. Application No. PLT0001-94R O3.5.1 PLT0001-94R The request of Centex Real Estate Corporation to revise the phasing plan of the Riverwalk subdivision that would provide for a temporary dead end street to be longer than the City's standard. The property is located south of Howard Road and north of the Game Farm Park. Mayor Booth opened the public hearing and requested Assistant Planning Director Lynn Rued give a brief staff presentation. Assistant Planning Director Rued displayed a drawing of the preliminary plat and the three phase plan approved by the City Council last year. Mr. Rued explained that developers are allowed to phase their plats provided each phase meets the City's requirements and are constructed so that each phase can exist independent of the other phases. The final plat for Division 1 of the Riverwalk subdivision was recently appreved by the City Council. The applicant, Centex Real Estate, has requested to revise their phasing plan which will result in a {emporary dead end street approximately 1,500 feet in length extending. from Division 1 to the Forest Ridge area. The proposed temporary dead end street exceeds the City's standard of 600 feet for dead end streets. The dead end street will be temporary until completion of Phase III and construction of the connecting street which is anticipated in Page 3 City of Auburn Council Meeting Minutes June 17, 1996 approximately one year. The applicant will be required to bond construction of the connecting street in the meantime. If the City Council denies the request, the original approved plat will still be in effect, and the developer will be required to construct the connecting street as part of Phase II. In response to questions from members of the City Council, Assistant Planning Director Rued confirmed that the two emergency accesses bordering the Forest Ridge neighborhood will remain as approved in the preliminary plat, The developer will be required to bond construction of the connecting street to ensure its construction should Phase Ill not be developed. The proposed dead end street is 50 feet wide and allows for two lanes of traffic and parking on both sides of the street. The emergency accesses will remain gated and accessible only for emergency purposes. In response to a question from Councilmember Poe, Assistant Planning Director Rued explained that the City Engineer will determine the bond amount and the street improvements to be included for bonding. Councilmember Wagner asked for clarification of the traffic conditions at the entrance to the proposed phase, steepness of the road, site distances, and turning movements that would take place at the entrance to the proposed phase. Assistant Planning Director Rued explained that the street patterns are the same as approved in the preliminary plat. Site distance studies were conducted, and the only site distance issue existed on one corner lot where the city will maintain an easement and no house will be built. All other site distance standards have been met. Mr, Rued explained that portions of the dead end street are at 12% grade which is the maximum grade allowed by City standards. Public Works Director Currie added that Mountain View Drive is at 12% grade with a small portion of the street at approximately 16-17% grade. Public Works Director Currie advised that the speed limit is 25 mph inside the city limits unless otherwise posted. No decision has been made to post the speed limit for the dead end street less than 25 mph. With regard to the speed limit for Riverwalk Drive SE, Public Works Director Currie advised that a speed limit has not Page 4 City of Auburn Council Meeting Minutes June 17, 1996 been designated for the street yet. A traffic study would be required to post the speed limit other than 25 mph. Mayor Booth asked that public testimony be limited to the existing record. Mayor Booth explained that the public hearing this evening is the first closed record hearing held by the City Council. Virginia Haugen, 2503 "R" Street SE, Auburn, WA, 98002 Ms. Haugen thanked Assistant Planning Director Rued for providing her with maps related to tonight's hearing. Ms. Haugen expressed concern with the closed record hearing process. Ms. Haugen expressed regret for voting in favor of the preliminary plat when she was a member of the City Council and concern for her neighborhood. Mayor Booth and City Attorney Reynolds requested that Ms. Haugen restrict her comments to the existing record. Ms. Haugen requested the City Council not approve the revision to the preliminary plat. Larry Smith, 1420 - 5th Avenue, Seattle, WA, 98101 Mr. Smith spoke on behalf of Centex Real Estate Corporation. Mr. Smith reviewed the Hearing Examiner's recommendation. He explained the primary difference in the proposed Phase II from what was previously approved is that the Phase II develdpment extends to the uphill edge of the plat. A connection must be made to the water main at the uphill edge of the plat near the Forest Ridge neighborhood in order for there to be sufficient water pressure to serve the development. The revision to the preliminary plat allows the developer to match the amount of infrasture with the amount of lots developed. There is no change in the design of the plat. Mr: Smith pointed out that the staff recommendation and the Hearing Examiner recommendation is to approve the preliminary plat revision. Mr. Smith also pointed out that the street is not the only access in emergency situations, because of the emergency access gates from the Forest Ridge neighborhood. Mr. Smith confirmed that the construction of the connecting street is bonded, and assured the City Council that Phase III will be developed. Mr. Smith requested the City Council approve the revision to the preliminary plat. Page 5 City of Auburn Council Meeting Minutes June 17. 1996 Motion by Councilmember Wagner, second by Councilmember Cerino to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Singer, second by Councilmember Poe to approve Application No. PLT001- 94R. Councilmember Wagner expressed his support of the emergency access closures located at the uphill edge of the plat. He also expressed his belief that the entrance to the subdivision is unsafe and hoped that the developers of the plat would make the entrance to Phase II less than 12% grade. In response to a question from Councilmember Barber, Assistant Planning Director Rued confirmed that the conditions of the original preliminary plat are still in effect and the emergency access gates will remain closed. Councilmember Cerino expressed concern with the speed of traffic coming down 27th and 28th Streets as it approaches the 12% grade. He suggested that stop signs should be installed at the intersection of 27th and 28th Streets. Councilmember Poe pointed out that the preliminary plat has already been approved. He noted that approximately five lots will front on Riverwalk Drive while the remaining will front on "V" Court. He expressed his support of the development. City Attorney Reynolds added that the preliminary plat has been approved, and the only issue before the City Council this evening is the request to revise the phasing plan of the development. MOTION CARRIED. 5-1. Councilmember Wagner voted no. Page 6 City of Auburn Council Meeting Minutes June 17, 1996 B. Audience Participation 1. Virginia Haugen, 2503 "R" Street SE, Auburn, WA Ms. Haugen thanked Don Small for his contributions to the community. Ms. Haugen also expressed regret that Parks and Recreation Director Len Chapman is retiring from the City of Auburn. She thanked him for his service to the City and the community. Ms. Haugen also spoke in support of a youth curfew in the city of Auburn. Mayor Booth advised that the City has been studying the issue of a curfew over the past year. Mayor Booth indicated he personally supports a curfew, but a curfew must meet the test of a court challenge. Mayor Booth took the opportunity to recognize Nancy Colson in the audience. Nancy Colson chaired the Mayor's Task Force on Future Library Services. 2. Nancy Colson, 1543 - 22rid Street NE, Auburn, WA Ms. Colson spoke regarding proposed Ordinance No. 4871 which would authorize an increase in the real estate excise tax. Ms. Colson requested that, if the ordinance is adopted, the City Council provide a 60 to 90 day period before it becomes effective. Ms. Colson also suggested that revenues received from the additional excise tax be targeted for the library. Councilmember Barber advised that the Finance Committee tabled Ordinance No. 4871 this evening. Further study will be done on the effect of the ordinance before it is considered again. C, Correspondence There was no correspondence for City Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. The Committee recommends City Council approval of Resolution No. 2751 which provides for an agreement for firefighter standby at selected events at Emerald Downs. The cost of the standby service will be borne by Emerald Downs. The Page 7 City of Auburn Council Meeting Minutes June 17, 1996 Committee also considered and recommends City Council approval of the bid award for a new fire pumper. The Committee received a report from Police Officer Dennis Cunningham on the GREAT Program, a gang resistance education program being offered to students in the Auburn Schools. The next regular meeting of the Municipal Services Committee is scheduled for Monday, July 1, 1996, at4:30 p.m. B. Planning & Community Development Vice Chair Wagner reported the Planning and Community Development Committee met June 6, 1996. The Committee recommends approval of the Retired Senior Volunteer Program. The Committee received an update on the Arts Commission. The next meeting of the Planning and Community Development Committee is scheduled for July 1, 1996 at 6:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met June 3, 1996. The Committee received a presentation on the Nonmotorized Transportation Plan, reviewed the Six Year Transportation Improvement Program, and discussed water rates. Chair Wagner further reported the Public Works Committee met this evening at 5:30 p.m. and discussed water rates and the Transportation Improvement Program. The next meeting of the Public Works Committee is scheduled for July 1, 1996 at 4:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed and tabled Ordinance No. 4871, discussed Resolution No. 2751, and discussed the fire apparatus pumper bid. The Committee recommends City Council approval of claims and payroll vouchers. The next regular meeting of the Finance Committee is scheduled for July 1, 1996 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the June 3, 1996 regular City Council meeting. Page 8 City of Auburn Council Meetino Minutes ' June t7, 1996 B. Vouchers F4.9,2, F4.9.5 1. Claims Claims check numbers 112259 through 112568 in the amount of $2,096,056.55 for Period 19 are approved for payment June 17, 1996. 2. Payroll ,,,) Payroll check numbers 230323 to 230741 in the amount of  ~ $1,226,635.60 and Direct Payroll Deposit transmissions in ~']~J Jun~'i~, 1996 are approved for payment this 17th day of June, 1996. C. Contract Administration 1. Fire Apparatus Pumper 02.9, F4.6 City Council to award the bid to Pierce Manufacturing, Inc., in the amount of $256,331.00 for the purchase of a fire apparatus pumper. D. Liquor License A5.6.1 1. Home Plate Tavern City Council consideration of approval, subject to compliance with all applicable City Code requirements and a valid occupancy permit, of a Class B, C, E, and F assumption liquor license for Home Plate Tavern located at 144 East Main Street in Auburn. 2. Emerald Downs City Council consideration to approve, subject to compliance with all applicable City Code requirements and a valid occupancy permit, of a Class H and R liquor license application for Emerald Downs located at 350 29th Street N.W. in Auburn. Page 9 City of Auburn Council Meeting Minutes June 17, 1996 Motion by Councilmember Barber, second by Councilmember Brothers to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS There were no items for City Council review under this section. VI. NEW BUSINESS There were no items for City Council review under this section. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1.Ordinance No. 4871 A3.5.5.3, F6.6 An Ordinance of the City of Auburn, Washington amending Auburn City Code Chapter 3.56 Real Estate Excise Tax, specifically Sections 3.56.010, 3.45.020 and 3.45.040 B, imposing an additional quarter percent real estate excise tax. Ordinance No. 4871 was tabled by the Finance Committee and was withdrawn from this evening's agenda, 2. Ordinance No. 4872 O3.1, A3.5.5.14 An Ordinance of the City Council of the City of Auburn, Washington, relating to the establishment of development agreements, preannexation agreements and the issuance of water and sewer availability certificates; requiring and establishing a process for public hearings, adopting administrative procedures for the review of water and sewer availability applications; and adding a new Chapter 14.18 to the Auburn City Code in order to implement Chapter 36.70B RCW requirements. Motion by Councilmember Wagner, second by Councilmember Singer to introduce and adopt Ordinance No. 4872. Page lO City of Auburn Council Meeting Minutes June 17, 1996 MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 4873 O3.10.1 CUP0001-96 An Ordinance of the City of Auburn, Washington, providing for a conditional use permit to allow the construction of a dental clinic on property zoned R-2 (Single Family) located at the northwest corner of 4th and "D" Street SE, within the city of Auburn, Washington. Motion by Councilmember Wagner, second by Councilmember Singer to introduce and adopt Ordinance No. 4873. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 4874 03.8 REZ0002-96 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located at 222 and 238 "N" Street SE, within the city of Auburn, Washington, changing the zoning classification thereof from R-2 (Single Family) to "1" (Institutional). Motion by Councilmember Wagner, second by Councilmember Singer to introduce and adopt Ordinance No. 4874. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 4875 A3.5.5.16 An Ordinance of the City of Auburn, Washington, amending Ordinance No. 4840 passed March 6, 1996 to correct a SCriveRer's error. Motion by Councilmember Wagner, second by Councilmember Singer to introduce and adopt Ordinance No. 4875. MOTION CARRIED UNANIMOUSLY. 6-0. Page 11 City of Auburn Council Meeting Minutes June 17, 1996 6. Ordinance No. 4876 F5.4.4, O4.9.1 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Transportation Improvement Board for construction of sidewalk improvements along Auburn Way South in the vicinity of Les Gove Park, improve pedestrian access to King County Metro Transit, Library and Senior Center. Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4876. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Ordinance No. 4877 F5.4.4, O4.12.1 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of a Transportation Improvement Account grant funds and the acceptance of ISTEA grant funds for the South 277th Street Reconstruction Project transferring funds previously accepted by Ordinance No. 4831. Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4877 as amended in this evening's Public Works Committee meeting, specifically to amend Paragraph G on page 3 of the Agreement by inserting a period after the word Project and deleting the remainder of the sentence. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 2737 F1.7, A3.5.13 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amended Interlocal Agreement with South King County Community Network authorizing the City of Auburn to act as Page 12 City of Auburn Council Meeting Minutes June 17. t996 a depository of funds belonging the South King County Community Network. Motion by Councilmember Barber, second by Councilmember Brothers to adopt Resolution No. 2737. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 2738 O4.4.9.1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Master Ground Lease between the City of Auburn and the Department of Transportation, Federal Aviation Administration, providing for the construction, operation and maintenance of government owned navigational aid systems at the Auburn Municipal Airport. Motion by Councilmember Wagner, second by Councilmember Singer to adopt Resolution No. 2738. In response to an inquiry by Councilmember Wagner, Planning and Community Development Director Krauss explained that the Lease covers the lease of the land for the approach light system and does not include any additional property. The purpose is to incorporate the current land lease in a different lease format. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Resolution No. 2750 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Memorandum of Understanding between King County Retired Senior Volunteer Program and the City of Auburn, for the purpose of volunteer recruitment at the Auburn Senior Center. Motion by Councilmember Wagner, second by Councilmember Cerino to adopt Resolution No. 2750. Page 13 City of Auburn Council Meeting Minutes June 17, 1996 MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 2751 03.3.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement between Emerald Downs/Northwest Racing and the City of Auburn to provide for Auburn firefighter standby on selected event dates as required in City of Auburn Ordinance No. 4689, Paragraph 9D. Motion by Councilmember Brothers, second by Councilmember Cerino to adopt Resolution No. 2751. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Bale et al versus City of Auburn City Attorney Reynolds updated the City Council on the status of litigation referred to as Bale et al versus the City of Auburn. The plaintiff in the litigation questioned and attacked the City's establishment of the Business Improvement Area (BIA). The matter had been pending for trial before the King County Superior Court. City Attorney Reynolds reported that a motion and argument by the plaintiff to certify the lawsuit as a class action lawsuit was denied by King County Superior Court. The City then demanded a motion for summary judgment of the case. Last week, King County Superior Court ruled that the City of Auburn acted properly when the City Council adopted its ordinance in 1994 to correct a previous publication problem. Therefore, the action of the City Council was determined to be valid, and the Court upheld the BIA and the case was dismissed. B. Executive Session Mayor Booth recessed the regular meeting to executive session at 8:40 p.m. in order to discuss a settlement agreement, potential litigation, and real estate issues. City Council action is anticipated as a result of the executive session. Mayor Booth reconvened the regular meeting at 9:18 p.m. Page 14 City of Auburn Council Meeting Minutes June '17, '1996 Primark versus City of Auburn City Attorney Reynolds recommended that the City Council authorize Mayor Booth to execute a settlement agreement between the ST Corporation and the City of Auburn, which is the settlement of litigation previously referred to as Primark versus City of Auburn, under King County Cause No. 93-2-17065-3. Motion by Councilmember Wagner, second by Councilmember Poe to approve the settlement agreement as recommended by City Attorney Reynolds. MOTION CARRIED UNANIMOUSLY. 6-0. IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 9:20 p.m. Approved on the / ~ day of ~.~ ,1996. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96M6-17.DOC Page 15