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HomeMy WebLinkAbout11-04-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES November 4, 1996 7:30 p.m. I, CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:38 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 Auburn 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, Public Works Director Frank Currie, City Engineer Dennis Dowdy, 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 There were no announcements this evening. 2. Appointments There were no appointments for City Council review. D. Agenda Modifications Agenda modifications include correspondence from Steven C. Allen transmitted under Item II.C.2 of these minutes, correspondence from Kenneth W. Kinared transmitted under Item Page '1 City of Auburn Council Meeting Minutes November 4. 1996 II.C.3 of these minutes, correspondence from John York transmitted under Item II.C.4 of these minutes, correspondence from Darlene and Jim Figg transmitted under Item II.C.5 of these minutes, correspondence from Jerry Fitts transmitted under Item II.C.6 of these minutes, and the removal of Consent Agenda Item IV.C.3, the request to award Public Works Project No. 596, for review at a later date. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings There was no public hearing scheduled for this evening. B. Audience Participation 1. Roger Anderson, 12015 115th Avenue NE Suite 295, Kirkland, WA 98034 Mr. Anderson presented a letter dated November 4, 1996 addressed to Mayor Booth and City Council from William Hicks, President of the Seattle-King Association of Realtore. Mr. Anderson spoke on behalf of the Seattle-King County Association of Realtore and read Mr. Hicks' letter in its entirety. In his letter, Mr. Hicks' expressed opposition to Ordinance No. 4871 and an increase in the real estate excise tax. 2. Jerry_ Fitts, 34848 - 54th Avenue South, Auburn, WA, 98001 Mr. Fitts is associated with Windermere Real Estate, West Campus, in Federal Way. Mr. Fitts read correspondence dated November 4, 1996 addressed to Finance Committee Members. The correspondence is transmitted under Item II.C.6 of these minutes. Mr. Fitts urged the City Council to oppose Ordinance No. 4871. 3. Alan Keimig, 216 "A' Street NW, Auburn, WA, 98001 Mr. Keimig urged the City Council to act favorably on Application No. REZ0004-96, and offered to answer any questions the City Council may have related to the rezone application. In response to a question from Councilmember Brothers, Mr. Keimig indicated a final project design for the property is dependent upon the outcome of the rezone application. Mayor Booth pointed out that a drawing is Page 2 City of Auburn Council Meeting Minutes November 4, 1996 included in the City Council agenda packet. In response to a question from Councilmember Cerino, Mr. Keimig advised that the project includes some improvement of the adjacent lot at Main and "A' Street necessitated by the relocation of the alley. 4. Joel Haggard, 1200 IBM Building, Seattle, WA Mr. Haggard identified himself as the attorney representing Insurance Auto Auction. Mr. Haggard advised that he and Mr. John Schuster are in attendance this evening to answer questions with regard to Agenda Item VI.C, Application No. ADM0004-95. Mr. Haggard expressed the applicant's concurrence with the Hearing Examiner's decision and urged the City Council to approve the application. 5. Dr. Gary Newbill, Superintendent, Dieringer School District, 1320-178th Avenue East, Sumner, WA, 98390 Mr. Newbill commented on Agenda Item VI.A, Lakeland Annexation. Dr. Newbill estimated the Lakeland development will increase the Dieringer School District student population from 1,000 to 2,700 and will require the District to increase the number of schools from the existing two to six or seven schools in order to accommodate the additional students. Previously, the Dieringer School District filed a resolution opposing the annexation because of the jurisdictional change from Pierce County to the city of Auburn, and the loss of progress in mitigating the impacts of the development on the school district. Dr. Newbill advised that Pierce County recently adopted a school impact fee ordinance, and the Dieringer School District will request the City of Auburn adopt a school impact fee ordinance. 6. Jim Weese, 1402 22nd Street NE #225, Auburn, WA Mr. Weese identified himself as the President of the Lakeland Adult Village Association. Mr. Weese expressed opposition to Henderson Homes' plans to eliminate the retirement village development from its Lakeland development and replace it with single family homes. In response to Mr. Weese's comments, Planning and Community Director Krauss explained that the Lakeland project was presented as a planned development approved in Pierce County. The City of Auburn exemises no land use Page 3 City of Auburn Council Meeting Minutes November 4, 1996 authority over the development until such time as annexation occurs. Because of changing market conditions, the Lakeland Company has decided not to develop the retirement community project at this time and may develop it as single family housing. Although the City acknowledges the need for a retirement community, the City cannot force its development. Additionally, single family development is consistent with the City's Comprehensive Plan for the area. For clarification purposes, Mr. Krauss's comments were made immediately preceding Item. II.C of these minutes 7. Paul Reckamp, 3008 "C" Street SE, Auburn, WA Mr. Reckamp spoke with regard to Agenda Item VI.C, Application No. ADM0004-95. Mr. Reckamp noted that the City's decision on Insurance Auto Auction's application for an Administrative Use Permit will affect a residential area of unincorporated King County. He concurred with the Hearing Examiner's decision and conditions, and urged the City Council to enforce Conditions 11 and 12 contained in the Hearing Examiner's decision to require right turns only from the exits to prevent commercial traffic through the residential neighborhood. 8. Steve Allen, 3117 "D" Street SE, Auburn, WA Mr. Allen referred to his letter addressed to Mayor Booth and which is transmitted under Item II.C.3 of these minutes. Mr. Allen expressed opposition to development and extension of "D" Street SE from 29th Street to 37th Street SE. He requested the timeline and reasons for extending "D" Street SE and whether additional right-of-way will be needed. Assistant Planning Director Rued explained the extension of "D" Street will provide another north-south connection between 41st and 29th Street SE. The only other north- south connections in the area are "A" Street and "M" Street. The timeline for development of "D" Street is dependent upon construction of other projects adjacent to the street. The existing right-of-way of 50 to 60 feet should be sufficient for future improvements to the street. 9. Lucille Trotter, 3007 "B" Street SE, Auburn, WA Ms. Trotter reported that the residents of the area between "A' Street SE and "D" Street SE and 29th and 31st Street Page 4 City of Auburn Council Meeting Minutes November 4, 1996 SE have requested that the main entrance to Insurance Auto Auction be moved to "A" Street to prevent auction traffic from entering the residential neighborhood. Ms. Trotter noted that the Hearing Examiner decision moves the auction traffic from one residential street to another residential street. She expressed concern for pedestrians on the narrow county reads and the additional traffic created by the auto auction facility. C. Correspondence 1. Letter dated October 31, 1996 to Auburn City Council Finance Committee from Auburn realtore Robert E. Newman, Century 21 New Horizons, Kathy M. Estey, MacPherson's Inc., R.W., BH&G, Janet Nydegger, Washington Square Realty, and Patricia Fitzgerald, Windermere Real Estate regarding proposed Ordinance No. 4871. 2. Letter received by the City of Auburn on October 31, 1996 from Steven C. Allen to the Mayor regarding the planned expansion of the Insurance Auto Auction Proposal, SEP0009-95. 3. Letter dated November 4, 1996 to Mayor Charles A. Booth from Kenneth W, Kinared regarding the Lakeland Annexation. 4. Letter dated November 4, 1996 to the Honorable Mayor Charles Booth from John York regarding an Increase in Excise Tax-Real Estate. 5. Letter dated November 2, 1996 to the Auburn City Council from Darlene and Jim Figg, John L. Scott Realtore, regarding the proposed increase in the real estate excise tax. 6. Letter dated November 4, 1996 to Finance Committee Members from Jerry Fitts, Associate Broker for Windermere Real Estate, West Campus, regarding an increase in the real estate excise tax. Page 5 City.of Auburn Council Meeting Minutes November 4, 1996 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, November 18, 1996 at 4:30 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met October 28, 1996. The Committee discussed the Lakeland annexation, the Mill Pond Park bid award, and a contract addendum for the White River Trail project. The Committee also discussed the library interlocal agreement which will be discussed again at the Committee's next meeting. The Committee also received a report on the skate park. The next regular meeting of the Planning and Community Development Committee is scheduled for November 12, 1996 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met on October 28, 1996. The Committee received a presentation from King County staff on Joint Wetlands Banking. Other items reviewed and discussed by the Committee include the finance chapter of the Transportation Plan, an update on the Muckleshoot sanitary sewer connection project, the aquifer character presentation, the Pierce County Potential Annexation Area Comprehensive Agreement, LID 346, and a draft request for proposals for the Goedecke north property. The next regular meeting of the Public Works Committee is scheduled for November 12, 1996 at5:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed Ordinance No. 4871, Ordinance No. 4925, Resolution No. 2780, a computer server purchase, and claims and payroll vouchers. Chair Barber requested the City Council support the Finance Committee items as they appear on the Council agenda this evening. The next regular meeting of the Finance Committee is scheduled for November 18, 1996 at 6:30 p.m. Page6 City of Auburn Council Meeting Minutes November 4, 1996 IV. CONSENT AGENDA A. Minutes 1. Minutes of the October 1, 1996 special City Council meeting. 2. Minutes of the October 8, 1996 special City Council meeting. 3. Minutes of the October 10, 1996 Cities and Schools Forum. 4. Minutes of the October 21, 1996 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 116669 through 117010 in the amount of $1,566,392.83 for Period 10 and dated November 4, 1996. 2. Payroll Payroll check numbers 234688 to 234970 in the amount of $584,546.77 and direct deposit transmission in the amount of $233,702.11 for a grand total of $818,248.88 for the pay period covering October 23, 1996 to October 30, 1996 are approved for payment this 4th day of November, 1996. C. Contract Administration 1. White River Trail Extension 05.2 City Council to approve an addendum to Jongejan/Gerrard/McNeal contract for landscape architectural services. 2. Mill Pond Park 05.2 City Council to award Contract No. 96-16 for the construction of improvements at Mill Pond to Golf Landscaping Inc. for their bid in the amount of $264,000 plus sales tax. Page 7 City of Auburn Council Meeting Minutes November 4. 1996 3. Public Works Project No. 505 O4.9,1 PR 505 Recommend accepting the construction and authorizing final payment to Woodworth & Company for PR 505 improvements to Auburn Way North from 4th Street N.E. to 15th NE. D. Liquor License A5.6.2 1. City Council to approve a Class H liquor license for the Prime Time Cafe located at 1525 A Street NE subject to City code compliance and a valid occupancy permit. E. Computer Purchase A2.1 City Council to approve the purchase of a Microsoff SQL Server. Motion by Councilmember Barber, second by Councilmember Brothers to approve Consent Agenda Items IV.A through IV.E as modified. Councilmember Poe questioned whether there were bid results for Public Works Project No. 596 which was removed from the Consent Agenda through the agenda modification. Public Works Director Currie advised that bids opened today for Public Works Project No. 596 exceeded the engineer's estimate, and the bids will be referred to Committee for recommendation. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There were no items for review under this section. VI. NEW BUSINESS A. Lakeland Annexation O3.1 City Council to consider voiding the existing Lakeland annexation petition and to authorize the City to prepare an annexation petition to annex approximately 280 acres of the Lakeland area as a first phase of annexation. Page 8 City of Auburn Council Meeting Minutes November 4, 1996 Motion by Councilmember Borden, second by Councilmember Wagner to void the existing Lakeland annexation petition and to authorize the preparation of an annexation petition for a smaller area of Lakeland. In response to questions from Councilmember Brothers, Planning and Community Development Director Krauss explained the original annexation petition consisted of a large area which did not receive sufficient support. After the original annexation petition was circulated, the City and the Lakeland Company entered into an annexation agreement. The Lakeland Company is looking to develop the area as soon as possible, and it is in the City's interest to have the project develop within the city of Auburn according to City standards. The new annexation petition is a first phase annexation and is consistent with Phase 1 of the Lakeland Pierce County platting. Mr. Krauss noted that the new petition does not include the Sumner/Tapps Highway. Pierce County is taking the primary lead in design and, hopefully, funding of the Sumner/Tapps Highway construction. Mr. Krauss pointed out that the annexation will allow provision of utility, fire and police services from the city of Auburn. The area included in the new petition is comprised primarily of Lakeland Company property with the exception of two small parcels. Councilmember Wagner expressed disappointment that the Lakeland Company is not proceeding with the retirement community project. He expressed support for the annexation petition to ensure the City's control over development. Councilmember Poe agreed with Councilmember Wagner's statement, Councilmember Poe expressed his opposition to implementing school impact fees suggested by Dr. Newbill. Councilmember Brothers expressed his support for impact fees. Councilmember Barber expressed support for the annexation petition and also expressed regret that the retirement community project is not included in current plans for development of the Lakeland area. Page 9 City of Auburn Council Meeting Minutes November 4, 1996 Councilmember Cerino and Councilmember Borden also expressed disappointment that the retirement community project has been excluded from development plans. MOTION CARRIED UNANIMOUSLY. 7-0. B. Application No. REZ0004-96 03.8 REZ0004-96 City Council to consider the request of Marshall Adams to rezone from C-3, Heavy Commercial, to C-2, Central Business District, on property located at the northeast corner of "A" Street SW and 1st Street SW. Motion by Councilmember Borden, second by Councilmember Singer to approve the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. In response to a question from Councilmember Brothers, Mr. Alan Keimig explained that the plans included in the Council agenda packet will be revised to comply with the current zoning code requirements. Assistant Planning Director Rued confirmed that the plans included in the packet will need to be revised slightly to conform with recent zoning code amendments. In response to a question from Councilmember Brothers regarding outdoor seating, Mr. Keimig advised he cannot respond to provision of public amenities at this time. Councilmember Wagner questioned Item 6 of the Hearing Examiner's Finding of Fact contained in her decision dated November 1, 1996. Assistant Planning Director Rued explained that although it is desirable by the City and the developer to reconfigure the public parking lot to the east to better function with the parking to be provided for the restaurant, it is not required by the zoning code. MOTION CARRIED UNANIMOUSLY. 7-0. Page 10 City of Auburn Council Meeting Minutes November 4. 1996 C. Application No. ADM0004-95 O3.10.4 The request of Insurance Auto Auction for an Administrative Use Permit to allow expansion of an existing facility onto adjacent parcels that lie on the east and west sides of "D" Street SE in the 3300 block. Motion by Councilmember Borden, second by Councilmember Wagner to hold a closed record hearing on Application No. ADM0004-95 two weeks from this evening. MOTION CARRIED UNANIMOUSLY. 7-0. City Attorney Reynolds explained that during a closed record hearing, citizens have an opportunity to speak to the existing record, but cannot add new testimony. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4871 A3.5.5.3, F6.6 An Ordinance of the City Council 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. Motion by Councilmember Barber, second by Councilmember Poe to introduce and adopt Ordinance No. 4871. MOTION CARRIED. 6-1. Councilmember Brothers voted RO. Page 11 City of Auburn Council Meeting Minutes November 4. 1996 2. Ordinance No. 4925 F5.3, O1.8 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation of funds as provided in the contract for social services between the City and the Housing Authority of the County of King for the period commencing December 1, 1996 and ending November 30, 1997. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Ordinance No. 4925. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions There were no resolutions for City Council review. VIII. MAYOR'S REPORT A. Council Committee Meeting Alternates Mayor Booth announced that Councilmember Wagner will not be able to attend the November 25, 1996 Planning and Community Development Committee and Public Works Committee meetings. Councilmember Barber agreed to attend the November 25, 1996 Planning and Community Development Committee. Councilmember Barber requested Councilmember Cerino attend the November 25, 1996 Public Works Committee meeting. B. Social Hour with the Muckleshoot Tribe Mayor Booth announced that the Muckleshoot Tribe has invited the City Council to attend a social gathering with the Tribe. It was consensus among members of the City Council to schedule a meeting on Tuesday, December 10, 1996. C. Executive Session Mayor Booth recessed the meeting to executive session at 8:35 p.m. for approximately 30 minutes in order to discuss litigation. Mayor Booth indicated no action is anticipated as a result of the executive session. Page 12 City of Auburn Council Meeting Minutes November 4, 1996 At 9:28 p.m. Mayor Booth reconvened the regular meeting. IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjoumed at 9:28 p.m. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96M11-4.DOC Page 13