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HomeMy WebLinkAbout09-03-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES '~,~ ~r- ~.~!~ ~. -/~ September 3, 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, Trish Borden, Fred POe, Gene Cerino, and Stacey Brothers. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Acting Parks and Recreation Director Dick Deal, Library Director Andy Waters, Finance Director Diane L. Supler, Financial Analyst Sherri Crawford, Public Works Director Frank Currie, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Associate Planner Bill Mandeville, Associate Planner Jeff Dixon, City Attorney Michael J. Reynolds, and City Clerk Robin Wohlhueter. C. Announcements and Appointments 1. Announcements a) Proclamations A1.8 (1) Day of Concern for the Hungry and Food Bank Week Following the announcement of the Agenda Modifications, Mayor Charles A. Booth presented a proclamation declaring September Page City of Auburn Council Meeting Minutes September 3, 1996 28, 1996 as "Day of Concern for the Hungry" and September 29 through October 5, 1996 as "Food Bank Week" to Arthur R. Lee, Executive Director of the Emergency Feeding Program. Mr. Lee discussed the history of the Emergency Feeding Program. This program began in 1992 and has grown to 125 participating stores. Mr. Lee thanked the City of Auburn for bringing attention to this issue. 2. Appointments There were no appointments for City Council consideration this evening. D. Agenda Modifications Agenda modifications include the addition of a letter dated August 2, 1996 to the Honorable Mayor Chuck Booth and City Council Members regarding 4th Street Access to Green River Petition under Item II.C.1, a change to the bid award for Public Works Project No. 586 transmitted under IV.D.3, and an address correction to Item VI.B. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings B. 1. 1997 Budget F3.11 City Council to conduct a public hearing to receive citizen comments or suggestions prior to development of the 1997 Preliminary Budget. All persons interested are encouraged to participate in this initial public hearing by making comments, proposals, and suggestions on matters for the City Council and Mayor to consider during preparation of the 1997 Preliminary Budget. Mayor Booth declared the public hearing open. The budget process is currently underway on the preliminary budget There were no requests for citizen participation. Page 2 City of Auburn Council Meeting Minutes September 3, 1996 Motion by Councilmember Barber, second by Cerino to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. C. Audience Participation 1. George Kresovich 1221 2nd Avenue, Seattle WA George Kresovich is a lawyer with the firm Hillis, Clark, Martin, and Peterson. He represents the ST Corporation with regard to Agenda Items VI.B, VI.C, and IV.D. Regarding Condition No. 18 of the Hearing Examiner's Decision of the preliminary plat, Mr. Kresovich expressed concern of the interpretation of this condition. Issues of vegetation preservation and protection are a concern of both the ST Corporation and City. Mr. Kresovich indicated discussions will continue to resolve the differences prior to the next City Council meeting on September 16. Mr. Kresovich urged City Council consideration of Hearing Examiner's recommendations with adoption of an Ordinance on September 16. He further recommended Council consider setting a closed record hearing for the same meeting in case differences are not resolved. 2. Kim Knott - 2027 4th Street SE, Auburn Kim Knott represents the residents who signed the 4th Street Access to Green River Petition as submitted for review by the City Council this evening. Ms. Knott explained there are 15 children under the age of 10 years old that are faced with problems of transients, traffic , and parking in their neighborhood. Non residents park in their neighborhood to access Green River. Property bordering the river was recently purchased by the City of Auburn for development at a future date. Ms. Knott explained their neighborhood is faced with gang fighting, persons urinating in public, persons exposing themselves and using foul language. On occassion residents have been prevented from accessing their homes. Page 3 City of Auburn Council Meeting Minutes September 3, 1996 Ms. Knott urged the Council to consider traffic issues and signage as a mechanism to prevent inappropriate behavior within their residential area. Mayor Booth responded that staff currently is working on interim solutions for recommendation to the appropriate Council Committee. Recently signs have been posted and there is a stronger police presence in this area. Councilmember Wagner recommended the Public Works Committee review the residents' request for a permit process for parking use of the street. D. Correspondence 1. Letter dated August 2, 1996 to the Honorable Mayor Chuck Booth and City Council Members regarding 4th Street Access to Green River Petition. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee did not meet this afternoon. The next regular meeting of the Municipal Services Committee is scheduled for Monday, September 16, 1996 at 4:30 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met August 26, 1996. The Commiftee discussed neighborhood family center planned at Mount Baker Middle School, receipt of an Arts Commission grant, authorized bids for Mill Pond Park, presentation Terrace View developer, interlocal agreement with Sumner, discussion on affordable housing in King County. The next regular meeting of the Planning and Community Development Committee is scheduled for September 9, 1996 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met August 26, 1996. The Committee discussed and considered the following items: Neely property acquisition, Covington Water District 111 water agreement, support for the Regional Transit Authority, and Page 4 City of Auburn Council Meeting Minutes September 3. 1996 the first part of the Transportation Plan. The next regular meeting of the Public Works Committee is scheduled for September 9, 1996 at 5:30 p.m. Mayor Booth extended appreciation to Associate Planner Bill Mandeville for work he has done on the Neely issue and property acquisition. D. Finance Chair Barber reported the Finance Committee met this evening at 6:00 PM. The Committee reviewed and discussed a mid year budget adjustment which is presented on tonight's agenda under Ordinance No. 4906. Chair Barber extended thanks to Finance Director Diane L. Supler and her staff for a job well done on this issue. Chair Barber further reported the Finance Committee reviewed the 1995 Comprehensive Annual Financial Report and claims and payroll vouchers. The next regular meeting of the Finance Committee will be held at 6:30 p.m. on Monday, September 16, 1996. IV. CONSENT AGENDA A. Minutes 1. Minutes of the August 19, 1996 regular City Council meeting. 2. Minutes of August 19, 1998 City Council Special Planning Meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 114561 through 114943 in the amount of $473,928.43 for Period 8 and dated September 3, 1996. Page 5 City of Auburn Council Meeting Minutes September 3, 1996 2. Payroll Payroll check numbers 232365 to 232672 in the amount of $699,048.51 and Direct Payroll Deposit transmissions in the amount of $221,693.32 for a grand total of $920,741.83 for the pay period covering August 13, 1996 to August 23, 1996 are approved for payment this 3rd day of September, 1996. C. Liquor Licenses A5.6.1 1. Topgun China Express City Council to approve, subject to compliance with all applicable City Code requirements and a valid occupancy permit, a Class H liquor license for Topgun China Express located at 3840 "A" Street SE, Suite 103, in Auburn. 2. Cascade Grocery City Council to approve, subject to compliance with all applicable City Code requirements and a valid occupancy permit, a Class E and F liquor license for Cascade Grocery located at 903 East Main Street in Auburn. D. Contract Administration 1. Mill Pond Park 05.2 PR 574 City Council to authorize a call for bids for the construction of Mill Pond Park. 2.Public Works Project No. PR 545 O4.10.2 PR 545 #96-13 City Council to reject all bids for Small Works Project No. PR 545, Signal Loop Replacement, Public Works Contract No. 96-13. 3. Public Works Project No. PR 586 O4.8.1 PR 586 City Council to reject the lowest bidder and award Public Works Project No. 586, North Central Auburn Regional Storm Facilities, Phase 1B, Contract No. 96-01 to Harbor Pacific Contractors in the amount of $1,134,152.40 including Page 6 City of Auburn Council Meeting Minutes September 3. 1996 Washington State sales tax based on staff review and analysis of the bid proposals and documentation. Motion by Councilmember Barber, second by Councilmember Singer to approve Consent Agenda Items IV.A through IV.D.3 as amended. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There were no items for review under this section. VI. NEW BUSINESS A. Development Agreements A3.13.8 1. Finkbeiner Development City Council consideration on the approval of the development agreement which will enable the issuance of water and sewer availability certificates to Finkbeiner Development for development of approximately 24 acres located near the intersection of SE 304th Street and 124th Avenue SE in Auburn. Further action on this item is reflected under Council Item VII. A. I of these minutes. Motion by Councilmember Borden, second by Councilmember Wagner to approve the development agreement. MOTION CARRIED UNANIMOUSLY. 7-0. B. Application No. PLT0002-94 03.5 PLT0002-94 City Council to consider the request of ST Corporation for preliminary plat approval of a 114 lot single family/duplex subdivision located east of "W" Street NW and west of the terminus of 15th Street NW. Motion by Councilmember Borden, second by Councilmember Wagner to call for a closed record hearing on September 16, 1996, Page 7 City of Auburn Council Meeting Minutes September 3. 1996 and request that the City Attorney preepare the necessary resolution. Under discussion, C0uncilmember Poe asked for clarification of differences on Item Number 18 of the Hearing Examiner's Decision for conditional approval. Assistant Planning Director Lynn Rued explained there is an element of concern in siting lots as view property and in establishing view corridors when final plat approval is determined by the Planning Director. MOTION CARRIED UNANIMOUSLY. 7-0. C. Application No. CUP0001-94 O3.10.1 CUP0001-94 City Council to consider the request of ST Corporation for a conditional use permit to allow duplexes on property located east of "W" Street NW and west of the terminus of 15th Street NW. Motion by Councilmember Borden, second by Councilmember Wagner to schedule a closed record hearing on September 16, 1996, and request the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. D. Application No. MIN0002-94 O3.10.3 MIN0002-94 City Council to consider the request of ST Corporation for a surface mining permit on property located east of "VV" Street NWand west of the terminus of 15th Street NW. Motion by Councilmember Borden, second by Councilmember Wagner to approve the surface mining permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and to instruct the City Attorney to prepare the necessary Ordinance. Under discussion, Councilmember Poe raised questions with regard to the use of excavation for onsite fill within the building and street areas that ensures proper compaction placement fill has taken place. Because this item relates to the same development previously considered by the Council under Council Agenda Items Page 8 City of Auburn Council Meeting Minutes September 3, 1996 VI.B and VI.C, Mr. Rued suggested a closed record hearing be held on this application at the next meeting. City Attorney Reynolds recommended withdrawal of the motion. Motion by Councilmember Borden, second by Councilmember Wagner to change the motion to call for a closed record hearing to be held on September 16, 1996, and request the City Attorney to prepare the necessary ordinance. In response to Councilmember Poe's question, Mr. Rued indicated the City required a considerable amount of geotechnical information related to this development. There are conditions of approval that require close monitoring as it relates to compaction and stabilization in slope development. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1.Ordinance No. 4901 A3.13.8 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a development agreement between the City and Finkbeiner Development. Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopted Ordinance No. 4901. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4902 A3.13.4 An Ordinance of the City Council of the City of Auburn, Washington, providing authority for the Mayor to enter into property acquisition agreements with Judith A. Roush, executrix for the estate of Kenneth E. Neely, necessary for Page 9 City of Auburn Council Meeting Minutes September 3, 1996 the purchase of Tax Parcel No. 142104-9036, located at 1508 West Main Street, Auburn, Washington. Motion by Councilmember Wagner, second by Councilmember Borden to introduce and adopt Ordinance No. 4902. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 4903 F5.2.16 An Ordinance of the City Council of the City of Auburn, Washington, approving acceptance of the Washington State Ads Commission appropriation and expenditure of grant funds in the amount of One Thousand Two Hundred Forty and 00/100 dollars, ($1,240.00), and authorizing the Mayor to execute Contract No. 97-AIR-02. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4903. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4905 A1.10 An Ordinance of the City of Auburn, Washington, providing a $3500 working fund advance to the Auburn Downtown Association for administering programs for the Business Improvement Area and repealing Ordinance No. 4884. Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4905. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 4906 F3.10 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 4808, the 1996 Budget Ordinance, and authorizing the Mayor to accept Page10 City of Auburn Council Meeting Minutes September 3, 1996 Schedule "A" which relates to the City of Auburn 1996 Budget reallocation of funds in various accounts in several funds pursuant to RCW 35A.33.120, and setting forth findings. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Ordinance No. 4906. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 4907 O3.11.2, F5.2.17 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance Of grant funds from the State of Washington, Department of Community, Trade and Economic Development, Office of Crime Victims Advocacy, in the amount of Seventeen Thousand Dollars ($17,000) for the purpose of creating a neighborhood family center at Mr. Baker Middle School and providing for the expenditure and appropriation thereof, Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4907. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 2721 O4.11 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute Interlocal Agreement No. 2 for the Lea Hill Intertie Project between the Covington Water District, King County Water District #111 and the City of Auburn. Motion by Councilmember Wagner, second by Councilmember Poe to adopt Resolution No. 2721. MOTION CARRIED UNANIMOUSLY 7-0. Page11 City of Auburn Council Meeting Minutes September 3, 1996 2.Resolution No. 2771 A1.16 A Resolution of the City Council of the City of Auburn, Washington, supporting the revised Phase One Final Plan of the Regional Transit Authority. Motion by Councilmember Wagner, second by Councilmember Borden to adopt Resolution No. 2771. MOTION CARRIED. 6-1 Councilmember Poe voted no. 3. Resolution No. 2772 04.0 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services for aerial photography and digital mapping between the City and David C. Smith & Associates, Inc. Motion by Councilmember Wagner, second by Councilmember Poe to adopt Resolution No. 2772. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the regular meeting to executive session at 8:15 PM for approximately 60 minutes in order to discuss potential litigation. Mayor Booth indicated no action is anticipated as a result of the executive session. Mayor Booth reconvened the regular meeting at 9:10 PM. Page 12 City of Auburn Council Meeting Minutes September 3, 1996 IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 9:10 PM. Approved on the /~:~ '/L~day of/~~/~ , 1996. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96M9-3.DOC Page 13