HomeMy WebLinkAbout10-20-1997 Council Minutes~.~ ) CITY OF AUBURN
COUNCIL MEETING MINUTES
~" .~. October20, 1997 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
Mayor Booth and the following members of the City Council were
present: Rich Wagner, Sue Singer, Trish Borden, Fred Poe, Gene
Cerino, and Stacey Brothers. Councilmember Jeanne Barber was
excused. Staff members present included: Parks and Recreation
Director Dick Deal, Personnel Director Brenda Heineman, Fire
Chief Bob Johnson, Police Chief Dave Purdy, Finance Director
Diane L. Supler, Public Works Director Frank Curde, City Engineer
Dennis Dowdy, Planning and Community Development Director
Paul Krauss, Assistant Planning Director Lynn Rued, City Attorney
Michael J. Reynolds, and Acting 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 this
evening.
D. Agenda Modifications
Agenda modifications included the addition of a call for public
hearing on the moratorium on commercial wireless
telecommunications facilities on City-owned property and rights of
way transmitted under Item IV.C.3 of these minutes, the addition of
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City of Auburn Council Meeting Minutes October 20, 1997
a call for pubic hearing on the draft telecommunications ordinance
transmitted under Item IV.C.4 of these minutes, the addition of
Ordinance No. 5035 transmitted under Item VII.A.4 of these
minutes, and the addition of Resolution No. 2882 transmitted under
Item VII.B.7 of these minutes which required the renumbering of
Resolution No. 2883 as Item VII.B.8 of these minutes.
II, CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 1998 Consolidated Plan
O3.4.1.7
The request of the City Council to conduct a public hearing
in accordance with 24 CFR 91 of the Department of Housing
and Urban Development to solicit comments, opinions and
ideas on housing and community development needs,
including priority non-housing community development
needs.
Planning and Community Development Director Krauss
explained that this evening's public hearing is a pre-
publication hearing on the Consolidated Plan. The purpose
of the hearing is to solicit comments prior to beginning
revisions to the Plan. Following the pre-publication hearing,
the revised Consolidated Plan will be drafted and available
for public review on November 11, 1997. The Consolidated
Plan is a document and tool which the Federal Housing and
Urban Development utilizes to measure the success of the
City's efforts in meeting social service needs.
Mayor Booth opened the public hearing on the 1998
Consolidated Plan.
Jack Laverty, Auburn Food Bank, PO Box 464, Auburn, WA
Mr, Laverty questioned whether the Plan should include the
Auburn Food Bank among the human service programs in
the community. Planning and Community Development
Director Krauss explained the Consolidated Plan primarily
focuses on the Community Development Block Grant
(CDBG) funds received by the City. Human service
programs funded by the City's general fund are not included
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City of Auburn Council Meeting Minutes October 20, 1997
in the Consolidated Plan. Mr. Laverty reported that the
Auburn Food Bank and other human service agencies were
recently asked to submit applications for CDBG funds. He
distributed a handout which contained an excerpt from the
application form regarding the applicanrs compliance with
the City of Auburn's Consolidated Plan. He expressed
concern that the Consolidated Plan does not adequately
address the provision of food. He suggested that if the
Consolidated Plan is a measurement of community needs
and how the needs are met, it is then important to include
the provision of food as a human service need.
Councilmember Brothers noted that the City has provided
funding to the Auburn Food Bank through the general fund.
He acknowledged the Food Bank is a vital program to the
community and could be funded either through the general
fund or by CDBG funds. Mr. Laverty agreed with
Councilmember Brothers' comments and suggested the
statistics the Auburn Food Bank has to offer would be
valuable to the Consolidated Plan.
Mayor Booth added the Human Services Committee reviews
the requests and makes recommendations for human
services program funding. The Committee's
recommendations are received by the Mayor for
recommendation to the Council.
In response to a question from Councilmember Borden,
Planning and Community Development Director Krauss
explained the format of the Consolidated Plan is taken from
the Federal Housing and Urban Development model and
modified to best suit the City. Mr. Laverty's comments will
be considered by Planning Department staff.
Alva Sadler, 1008 "L" Street SE, Auburn, WA
Ms. Sadler identified herself as a King County Housing
Authority Commissioner and a resident of Green River
Homes located in Auburn. She expressed her gratitude to
the City for its support of low-income rental housing in
Auburn. She expressed support for the Consolidated Plan's
strategy for housing and community development in Auburn.
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City of Auburn Council Meeting Minutes October 20, 1997
Mayor Booth thanked Ms. Sadler for her contribution to the
community as well.
Motion by Councilmember Borden, second by
Councilmember Wagner to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Planning and Community Development Director Krauss
explained that the revised Consolidated Plan will be
presented to the City Council in a few months for further
review.
Mayor Booth recessed the meeting to executive session at 7:49 p.m. for
approximately 20 minutes in order to discuss potential litigation.
Mayor Booth reconvened the meeting at 8:12 p.m.
2. Application No, RF70003-96
03.8 REZ0003-96
The following is a closed record hearing where comments
are limited to the existing record and no new evidence or
information is allowed to be submitted.
The request of Shirley Titchenal and Monte Adams for a
rezone from RR, Rural Residential, to R-3, Duplex, on 6.8
acres of property located east of Hemlock SE (if extended).
Mayor Booth opened the closed the record hearing.
John O'Rourke, PO Box 98741, Des Moines, WA, 98198
Mr. O'Rourke identified himself as the attorney representing
Shirley Titchenal and Monte Adams. On behalf of the
applicants, Mr. O'Rourke requested the City Council affirm
the Hearing Examiner's decision and approve the rezone
from RR Rural Residential to R-3. Mr. O'Rourke spoke in
favor of the Hearing Examiner's decision to recommend
approval of the rezone of the northern 6.8 acres of the
property. Mr. O'Rourke stated the rezone would allow only
one duplex on the 6.8 acre tract. A short plat would be
required if further development is proposed. Mr. O'Rourke
noted that the Hearing Examiner agreed that phased
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City of Auburn Council Meeting Minutes October 20, 1997
environmental review is appropriate under SEPA guidelines
in this case where there is a nonspecific request for a
rezone to a more specific development application in the
future. Mr. O'Rourke cited Supreme Court case law, OPAL
versus Adams County, which allows "bare bones" review.
He suggested that the opponents to the rezone are
speculating on the future development of the site. He noted
the applicants and the Planning Department staff agree that
it is neither cost effective nor productive to engage in a
detailed environmental analysis which is based on
speculation. He reiterated the applicants' request that the
City Council affirm the Hearing Examiner's decision. Mr.
O'Rourke also objected to any commentary or evidence
submitted which is not already part of the record.
Henry Lippick, 1201 Third Avenue, Suite 2750, Seattle, WA,
98101
Mr. Lippick spoke on behalf of Winchester Heights. He
expressed opposition to the proposed rezone and provided
the following reasons for their objection. Mr, Lippick
contended City staff and the Hearing Examiner are in error
in their interpretation of the law and an environmental
analysis is required before a rezone can be enacted; the
rezone is not consistent with the Comprehensive Plan; and
the rezone constitutes bad public policy. For rezone
requests which are not accompanied by a development
proposal, the analysis that is required includes the
assumption that the most dense use that is permitted under
the rezone will occur. Staff and the Hearing Examiner have
assumed that the least likely alternative will occur and that
the only development will be a duplex on the site. Mr.
Lippick cited the case of U/lock versus Bremerton which
requires an environmental analysis which assumes that the
most dense possible development will occur in a rezone
proposal. The analysis is a general analysis which is not
project specific. Mr. Lippick claimed the rezone proposal is
not consistent with the Comprehensive Plan. The Plan
contains general designations and designates open space
as unstable slopes, steep areas, wetlands, or other places
that are similarly unsuitable for development under current
law. Of the upper 6,8 acres proposed for rezoning,
approximately one-half of the 6.8 acres contains steep
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City of Auburn Council Meeting Minutes October 20. 1997
slopes, unstable soils, or wetlands where development
would be prohibited. In order for the rezone to proceed, it is
necessary that the critical and sensitive areas of the site are
determined by the appropriate experts. According to RCW
36.70A.172, the best available science must be employed to
protect the functions and values of critical areas. The critical
areas for the proposed rezone site include the river, the
wetlands, the steep slopes and the unstable soils.
Mr. Lippick asserted that the rezone application is not a
candidate for phased development review. He recalled the
history of the rezone application. According to Mr. Lippick,
the applicants originally applied to construct a 66-unit multi-
family structure on the property, but withdrew their proposal
when environmental information was requested.
Mr. Lippick recalled this past winter where weather
conditions resulted in several land slides which resulted in
substantial damage to private and public property. He
reported soil movement has been detected at Winchester
Heights, and the risks for further soil movement would be
exacerbated by further disturbance of the soils in the area.
Mr. Lippick presented a photograph of the riverbank along
the proposed rezone and a photograph of the riverbank
along the Breckenridge property.
Mr. Lippick reiterated his opposition to the rezone request in
that the fezone is a violation of applicable law, the proposed
rezone is a violation of the Comprehensive Plan and state
law, and the rezone is a bad idea.
Mr. Lippick requested the City Council remand the proposal
to the Hearing Examiner with instructions to require the
resubmission of the proposal excluding any critical areas
contained on the 6.8 acres.
Monte Adams, 116 South 294th Place, Federal Way, WA
Mr. Adams spoke in favor of his application for rezone. Mr.
Adams explained that he cannot entertain potential
development proposals until the property is rezoned. He
noted that the City has already advised him of the
requirements for future development under the R-3 zone.
Page 6
City of Auburn Council Meeting Minutes October 20, 1997
Michelle Schroder, 3435 Auburn Way South #25, Auburn,
WA
Ms. Schroder identified herself as the vice president of the
Winchester Heights Homeowners Association and a resident
of Winchester Heights for the past six years. She noted that
the terrain in the area of the proposed rezone is very steep,
and it appears that the property would require considerable
excavation to accommodate multi-family development. She
expressed her belief that the rezone proposal is attempting
to take advantage of rules and regulations meant for the
protection of the citizens and property owners. She
expressed concern with the potential damage that the
proposed rezone and development would cause to her
property and the White River. She reported that
approximately half of the large trees on the property have
been removed. She expressed concern with runoff from the
cleared land.
Motion by Councilmember Borden, second by
Councilmember Wagner to close the hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Councilmember Borden moved to deny the Hearing
Examiner's decision based upon the following findings of
fact and conclusions, and to instruct the City Attorney to
prepare the necessary ordinance:
a) Findings of fact:
(1) There are numerous environmental concerns
that should be addressed before this rezone.
These include stability of adjacent steep slopes
and storm water drainage.
(2) The applicant removed a number of large trees
that increase concerns of geological stability
and stormwater runoff. At the time the
comprehensive plan amendment was made
that supports this rezone, the City was
unaware of the cutting of these trees and
therefor the increased hazards.
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City of Auburn Council Meeting Minutes October 20, 1997
(3) The rezone site is a critical area due to
geological concerns. Many of the rezones the
Council approves are not impacted by these
critical areas. This rezone is unique.
(4) The testimony of geologist Brian Sherrod
substantiated that there is substantial risk of
accelerated hillside collapse.
(5) Substantial testimony from the public supports
the conclusion that this site is a critical area
with geologically hazardous areas.
(6) The Hearing Examiner found that "the majority
of the proposed rezone area has been
identified by the city as having geologically
hazardous areas."
(7) The plan to mitigate for loss of trees previously
removed as part of future development is
inadequate.
(8) Staff have already raised concerns to the
applicant related to traffic, slopes, access,
storm drainage, removal of vegetation and
shoreline issues.
(9) The Hearing Examiner states, "Phased
environmental review assists agencies and the
public to focus on issues ready for a decision.
Issues that have already been decided or are
not yet ready to be decided can be excluded
from consideration."
(10) The Hearing Examiner states, "The City's
FDNS was based on the broader land use
policy decision of rezoning the site."
(11) The Hearing Examiner also stated that "a
geotechnical analysis would not be useful at
this point without knowing the scope of the
proposed development.
b) Conclusions:
(1) Given the above findings, that the proposed
site is a geologically critical area and that the
removal of the trees from the site may have
exacerbated these conditions, it is necessary
at this time to question the Comprehensive
Page 8
City of Auburn Council Meeting Minutes October 20, t 997
Plan Map designation that at this time is the
sole stated reason for the fezone. Therefore, a
rezone without environmental analysis would
be inappropriate.
(2) At such time as the applicant wishes to
develop the property, then a rezone could be
considered with a development proposal and
corresponding geological reports.
(3) A plan should be submitted by the applicant to
the City immediately to mitigate for the illegal
cutting of trees.
Councilmember Wagner seconded the motion noting
that the findings of fact and conclusions enumerated
by Councilmember Borden coincide with his findings
of fact and conclusions.
Councilmember Singer questioned whether the illegal
tree cutting was part of the existing record. Assistant
Planning Director Rued confirmed that the record
contains a statement regarding the illegal cutting of
the trees.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Audience Participation
1. Robert 7anoni, 840 21st Street SE, Auburn, WA
Mr. Zanoni spoke regarding Rezone Application No.
REZ0001-97, the request of Frary Breckenridge for a rezone
of property from RR Rural Residential to R-3. City Attorney
Reynolds cautioned that the public hearing on Rezone
Application No. REZ0001-97 had already been held, and
that no further public testimony on the rezone application
can be heard once the hearing is closed.
C. Correspondence
No correspondence was submitted for City Council review
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City of Auburn Council Meeting Minutes October 20. 1997
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 November 3, 1997.
B. Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met October 13, 1997 at 7:30 p.m. The Committee
discussed the location of Mr. and Mrs. Swepston's driveway
located at 2415 Forest Ridge Drive, and the recommendation will
be to retain the driveway at its current location. The Committee
also discussed Comprehensive Plan amendments, the Park Plan,
park impact fees, and artwork for Pioneer Cemetery. The
remaining items discussed at the meeting are a matter of public
record. The next regular meeting of the Planning and Community
Development Committee is scheduled for October 27, 1997 at 7:30
p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met October
13, 1997. The Committee discussed the sale of the Goedecke
property which will enable the recovery of LID costs on the
property. The Committee also discussed several contract
administration items, the right-of-way permit for the Sun Break Cafe
location, emergency power supply for a satellite water system,
development charges for storm sewer, storm sewer cost of service
study, and department budget requests. The next regular meeting
of the Public Works Committee is scheduled for October 27, 1997
at 5:00 p.m.
D. Finance
Vice Chair Brothers reported the Finance Committee met this
evening at 7:00 p.m. The Committee reviewed and recommends
approval on a request to surplus outdated computer equipment, a
call for a public hearing on November 17, 1997 on the proposed
1998 Preliminary Budget, and claims vouchers in the amount of
$1,710,709.35 and payroll vouchers in the amount of
$1,255,415.35. The next regular meeting of the Finance
Committee is scheduled for Monday, November, 1997 at 7:00 p.m.
Page lo
City of Auburn Council Meeting Minutes October 20, 1997
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the October 6, 1997 regular City Council meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 127043 through 127407 in the
amount of $1,710,709.35 for Period 10 and dated October
20, 1997.
2. P~lyroll
Payroll check numbers 241721 to 241981 in the amount of
$818,787.98 and electronic deposit transmissions in the
amount of $436,627.37 for a grand total of $1,255,415.35 for
the pay period covering October 3, 1997 to October 8, 1997
are approved for payment this 20th day of October, 1997.
C. Call for Public Hearing
1.Comprehensive Plan Amendments
03.4.3
City Council to call for a public hearing to be held on
Monday, November 3, 1997 and Monday, November 17,
1997 for consideration of proposed amendments to the
Comprehensive Plan.
2. 1998 Budget
City Council to call for a public hearing to be held at the
November 17, 1997 meeting to receive public comment on
the 1998 Preliminary Budget.
Page 11
City of Auburn Council Meeting Minutes October 20, 1997
3. Moratorium on Commercial Wireless Telecommunications
Facilities
O3.10.9
City Council to call for a public hearing on November 3, 1997
on the moratorium on the issuance of permits for commercial
wireless telecommunications facilities and towers on City-
owned property and rights of way imposed by Ordinance No.
4960 adopted April 7, 1997 and as amended by Ordinance
No. 5025 adopted September 15, 1997.
4. Draft Telecommunications Ordinance
O3.10.9, 04.0
City Council to call for a public hearing on November 3, 1997
on a draft ordinance regulating commercial wireless
telecommunication facilities on City-owned property and
within public rights of way.
D. Surplus Property
F4.6.1
1. Finance Department
City Council authorization to surplus the following computer
equipment that is no longer working in order to use as trade-
in on replacement computer equipment.
CITY NUMBER MODEL NUMBER SERIAL NUMBER
101068 EX-3000G CAYA10008370
014195 M PF-PC/910 3609180172
104185 3000G 3GX12513
101139 386ATSX
103146 386ATSX 14428
015175 AST 300 US0051501-386
104189 EX 1700A CAE-10000116
MPC2100T-1 MOO 125045
015176
101134 386 AT SX
103149 386 AT SX
101121 EX3000G CAYC04750042
014194 MPF-PC/910 2547334-0002
MPF-PC/910 3509180225
101145 386 AT SX
103152 386 AT SX
032 226 MPFPC910 3509180235
COA0065 MPFPC910 3609180204
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City of Auburn Council Meeting Minutes October 20, 1997
014 193 MPFPC910 3609180153
HP 2686A 2602138676
MPFPC910 A910018934
014 192 MPFPCgl0 3609180205
COA0180 EX-3000G CAY04450156
COA0064 MPFPC910 4309180079
COA0181 EX-3000G CAYC04750001
COA0061 EX-3000G CAY03710093
104071 9114A 2516A22068
NX-1001 510000900754
P88EA 06020823
EX3000G CAYC04050261
101 138 CPU/SYNTREX
101 135 CPU/SYNTREX
435 009 CPU/EXCELL
104 182 CPU/3DX16545
104 188 CPU/EXCELL
CPU/CAYA10008290
014 187 CPU/4309180080
413 628 CPU/SPERRY
CPU/4281 AM181736
602453 CPU/SPERRY
032 225 CPU/508201
017 115 CPU/EPSON
017 114 CPU/51434
CPU/SPERRY
PRINTERS
011 105 L JIll (CEMETERY)
LJII (CLERKS) 33440-69053
11400005 LJII (COURT) 3140J40049
101 127 L JIll (FINANCE) 3043JA6612
L JIll (FIRE) 3043JA4835
014 175 LJIID (LEGAL) 2830J04424
104 147 LJII (MAYOR) 2805A64588
103 140 LJIIID (PARKS) 3122J72699
33191 LJIID (PARKS) 2830J04326
014 176 LJII (PERSONNEL) 2743J30020
13300221 LJIIID (BUILDING) 3122J72696
101-128 LJII (POLICE) 2805A64590
014 199 LJIID (POLICE) 2830J04379
FGQ67289 LJII (JAIL)
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City of Auburn Council Meeting Minutes October 20. 1997
2. Public Works Department
Request permission to surplus the air compressor listed
below:
UNIT DESCRIPTION SERIAL NUMBER LICENSE NO.
6570B 1988 Case Air Compressor CE11047 02234D
E. Contract Administration
1. Public Works Project Number PR 598
04.6.3 PR 598
City Council to award Contract No. 97-17, Public Works
Project Number PR 598, 1997 Sewer Replacement Program
to RT & T Construction, Inc. on their low bid of $416,047.60
plus Washington State sales tax.
2. Public Works Project Number PR 603
O4.8.1 PR 603
City Council to award Contract No. 97-22, for Small Works
Project Number PR 603, Scenic Drive Drainage
Improvement to RJC, Inc. on their low bid of $23,135.00
plus Washington State sales tax.
3. Public Works Project Number PR 567A
04.6.3 PR 567A
City Council to accept the project and approve Final Pay
Estimate No. 2 to Brad Mason Trucking and Excavating, for
Public Works Contract No. 97-08, Project Number PR 567A,
the Demolition of the Neely Residence, in the amount of
$5,340.00.
4. Public Works Project Number 574
05.2
City Council to accept the project and approve Final Pay
Estimate No. 6 to Golf Landscaping, Inc. for Contract No.
96-16, Project Number PR 574, Mill Pond Park
Improvements, in the amount of $7,200.20
Page 14
City of Auburn Council Meeting Minutes October 20. 1997
Motion by Councilmember Brothers, second by Councilmember
Singer to approve the Consent Agenda as amended by the agenda
modification.
MOTION CARRIED UNANIMOUSLY. 6-0.
V. UNFINISHED BUSINESS
A. Ordinance No, 5019
03.8 REZ0001-97
An Ordinance of the City of Auburn, Washington, providing for the
rezoning of property located on property at 2610 Hemlock Street
SE, within the city of Auburn, Washington, changing the zoning
classification thereof from RR (Rural Residential) to R-3 (Duplex).
On October 6, 1997, the City Council postponed action on
Ordinance No. 5019 to the October 20, 1997 meeting. Refer to
Item VILA. 1 of this agenda for further action on this item.
VI. NEW BUSINESS
There were no items for consideration under this section.
VII. ORDINANCES AND RESOLUTIONS
A. O~inances
1. Ordinance No. 5019
03.8 REZ0001-97
An Ordinance of the City of Auburn, Washington, providing
for the rezoning of property located on property at 2610
Hemlock Street SE, within the city of Auburn, Washington,
changing the zoning classification thereof from RR (Rural
Residential) to R-3 (Duplex).
Councilmember Borden commented that Ordinance No.
5019 relates to a rezone from Rural Residential to R-3 but it
contains unique characteristics. The rezone is to facilitate
the reconstruction of a single family home within R-3
setbacks and to construct the home away from the steep
slopes of the property.
Page 15
City of Auburn Council Meeting Minutes October 20, 1997
Motion by Councilmember Borden, second by
Councilmember Poe to uphold the Hearing Examiner's
decision with an addition to the Conclusions of Law as
follows:
"2. The rezone should be approved as a
conditional rezone to allow the reconstruction of the
single family home."
MOTION CARRIED UNANIMOUSLY. 6-0.
For clarification of these minutes, the following action on
Ordinance No. 5019 occurred immediately following Item
VII. A. 4 of these minutes.
Motion by Councilmember Borden, second by
Councilmember Poe to affirm the Hearing Examiner's
decision and approve the necessary ordinance with the
modification to the Hearing Examiner's Conclusions.
MOTION CARRIED UNANIMOUSLY. 6-0.
2. Ordinance No. 5030
A3.13.4
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the City to sell and transfer fee
ownership of real property known as the Goedecke North
property, obtained by the Sewer Section of the Maintenance
and Operations Division of the Public Works Department,
through foreclosure of local improvement assessment liens,
to Opus Northwest, L.L.C.
Motion by Councilmember Wagner, second by
Councilmember Cerino to introduce and adopt Ordinance
No. 5030.
Councilmember Poe pointed out that the words "Sewer
Section of the Maintenance and Operations Division of the
Public Works Department" contained in Ordinance No. 5030
should be changed to read, "Sewer Division of the Public
Works Department" to be consistent with the City's budget
Page 16
City of Auburn Council Meeting Minutes October 20, 1997
and code. Councilmembers Wagner and Cerino accepted
the correction.
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Ordinance No. 5031
A3.10.1 CUP0003-97
An Ordinance of the City of Auburn, Washington, providing
for a Conditional Use Permit to allow for the construction of a
drive-in banking facility on property zoned C-1 (Light
Commercial) located at the southwest corner of Auburn Way
South and Dogwood Street SE, within the city of Auburn,
Washington.
Motion by Councilmember Wagner, second by
Councilmember Borden to introduce and adopt Ordinance
No. 5031.
MOTION CARRIED. 4-0. Councilmembers Poe and Singer
abstained from voting.
4. Ordinance No. 5035
A3.13.4, O4.11.1 PR 616
An Ordinance of the City of Auburn, Washington, amending
Ordinance No. 4966 to correct the legal description and site
map which authorized the acquisition of certain property and
property rights by eminent domain providing for the payment
thereof; authorizing the City Attorney to prepare a petition for
condemnation in the Superior Court in and for the County of
King and for the prosecution thereof for the acquisition of
such property and property rights for the Green River pump
station associated with the City of Auburn Interlocal
Agreement No. 2 Fund Water Project.
Motion by Councilmember Wagner to introduce and adopt
Ordinance No. 5035.
In response to a request for clarification from
Councilmember Cerino, City Attorney Reynolds advised that
Ordinance No. 4966 included a legal description of property
greater than that described in Ordinance No. 5035. The
Page 17
City of Auburn Council Meeting Minutes October 20, 1997
amount of property to be taken by eminent domain has been
reduced.
Motion was seconded by Councilmember Cerino.
Councilmember Wagner explained that the City has been in
negotiations with the property owners for some time to
obtain property to construct a pump station to facilitate water
service to customers on Lea Hill. Although the City has
assured the property owners the pump station would be
constructed in an aesthetically acceptable manner, the
property owners are convinced the pump station will impact
the value of their adjacent properties. The property owners
proposed an unreasonable offer that the City acquire all
three parcels for $500,000. Councilmember Wagner
recommended that the City proceed with the condemnation
proceedings to ensure water service on Lea Hill.
In response to questions from Councilmember Brothers, City
Engineer Dowdy explained that the total acreage of the
three lots is just over eight (8) acres. The City offered to
take all three lots or just the southern lot which is
approximately 2.8 acres. The pump station will be designed
to mitigate the noise and will be fenced and buffered with
vegetation.
City Attorney Reynolds explained that eminent domain
action is comprised of two phases: public use and necessity
and determination of value. The first phase of the action
requires the City to limit the condemnation proceedings to
only that portion of the property which is absolutely
necessary for public use and necessity.
Councilmember Poe asked the amount of property
necessary for construction of the pump station. City
Engineer Dowdy advised that the pump station will require
approximately an acre. However, the southern most lot has
approximately only one acre which is suitable for
construction. Generally, the terrain of Lot 14 is very steep.
MOTION CARRIED UNANIMOUSLY. 6-0.
Page 18
City of Auburn Council Meeting Minutes October 20, 1997
B. Resolutions
1. Resolution No. 2875
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 Agreement between the City of Auburn
and Senior Services of Seattle/King County (SSS/KC) to
provide senior wellness project programs to the elderly in the
Auburn area.
Motion by Councilmember Borden, second by
Councilmember Wagner to adopt Resolution No. 2875.
MOTION CARRIED. 5-0. Councilmember Cerino abstained
from voting.
2. Resolution No. 2876
F4.6.1
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the creation of an
Intergovernmental Agreement between the City of Auburn
and King County Department of Public Safety for the
purpose of sale by the City of Auburn of eight (8) surplus
radios to King County Department of Public Safety for the
purpose of up-grading the emergency radio system utilized
by the Search and Rescue Unit of the King County
Department of Public Safety.
Motion by Councilmember Wagner, second by
Councilmember Poe to adopt Resolution No. 2876.
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Resolution No. 2877
A3.13.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute a Public
Watermain Easement between the City of Auburn Utilities
Enterprise Fund and the Lakehaven Utility District.
Page 19
City of Auburn Council Meeting Minutes October 20, 1997
Motion by Councilmember Wagner, second by
Councilmember Cerino to adopt Resolution No. 2877.
MOTION CARRIED UNANIMOUSLY. 6-0.
4. Resolution No. 2878
03.5 PLT0001-97
A Resolution of the City Council of the City of Auburn,
Washington, approving the Preliminary Plat of a 22-1ot
single-family subdivision located on the east side of "r' Street
NE and south of 40th Street NE, within the city of Auburn,
Washington.
Motion by Councilmember Borden, second by
Councilmember Wagner to adopt Resolution No. 2878.
Councilmember Poe inquired regarding the objections of an
adjacent property owner. Assistant Planning Director Rued
explained that the property owner adjacent to the
subdivision wanted the developer to provide access to "1"
Street.
MOTION CARRIED UNANIMOUSLY. 6-0,
5. Resolution No. 2880
O5.1.2, O5.1.3
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn, to execute an Agreement for Artwork between
the City and Deborah Mersky, to provide a decorative
fencing and entry port to Pioneer Cemetery.
Motion by Councilmember Borden, second by
Councilmember Wagner to adopt Resolution No. 2880.
MOTION CARRIED UNANIMOUSLY. 6-0.
6. Resolution No. 2881
A3.13.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute a Purchase
and Sale Agreement between the City of Auburn Sewer
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City of Auburn Council Meeting Minutes October 20. 1997
Section of the Maintenance and Operations Division of the
Public Works Department and Opus Northwest L.L.C. in the
amount of Eight Hundred Fifty Thousand Dollars ($850,000).
Motion by Councilmember Wagner, second by
Councilmember Cerino to adopt Resolution No. 2881.
Councilmember Poe pointed out that the words "Sewer
Section of the Maintenance and Operations Division of the
Public Works Department" contained in Resolution No. 2881
should be changed to read, "Sewer Division of the Public
Works Department". Councilmembers Wagner and Cerino
accepted the correction.
MOTION CARRIED UNANIMOUSLY, 6-0.
7. Resolution No. 2882
A3.13.2, A3.13.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute a Wetland
Mitigation Easement between the City of Auburn Sewer
Section of the Maintenance and Operations Division of the
Public Works Department and the Sellen Construction
Company.
Motion by Councilmember Wagner, second by
Councilmember Cerino to adopt Resolution No. 2882 with a
correction of the words "Sewer Section of the Maintenance
and Operations Division of the Public Works Department"
changed to read, "Sewer Division of the Public Works
Department".
MOTION CARRIED UNANIMOUSLY. 6-0.
For clarification of these minutes, the preceding action on
Resolution No. 2882 took place immediately following action
on Resolution No. 2883.
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City of Auburn Council Meeting Minutes October 20, 1997
8. Resolution No. 2883
A3.16.9
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn, to execute an Agreement for Professional
Services between the City and Tmodel Corporation, for the
purpose of updating, calibrating and documenting the City's
Transportation Model.
Motion by Councilmember Wagner, second by
Councilmember Poe to adopt Resolution No. 2883.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MAYOR'S REPORT
A. National League of Cities Conference Voting Delegates
Planning and Community Development Director Krauss advised
that, at the request of the City, the National League of Cities has
accepted a platform resolution calling for congressional hearings
on preemption of local and state jurisdictions by railroads. Many
cities across the country have been in contact with the City
regarding preemption by railroads. Most recently, the city of
Austell, Georgia learned it was chosen as the site of a new 400-
acre intermodal yard. The city lost its case against the railroad in
federal court. The decision in their case cited the Auburn
preemption case as the reason for overruling the city.
Representatives of the city of Austell, Georgia will be meeting with
their congressman, Newt Gingrich, on Wednesday. Auburn hopes
to receive the support of cities across the country when the
resolution is presented at the National League of Cities conference.
Representatives of the City of Auburn need to be in attendance at
the conference to support the resolution. The conference will be
held December 2-6, 1997 in Philadelphia, Pennsylvania. Mayor
Booth advised that he and Planning and Community Development
Director Krauss will likely attend the conference. Additionally, the
City of Auburn is providing information to the City of Austell for their
discussions with Speaker Gingrich. Mr. Krauss advised that the
City of Wichita has indicated a desire to form a coalition of cities on
local preemption.
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City of Auburn Council Meeting Minutes October 20, 1997
B. Update on Suburban Cities Committee on Regional Governance
and Finance
Finance Director Supler updated the City Council on the status of
the Committee on Regional Governance and Finance. The
Committee was formed approximately two years ago by the
Suburban Cities Association. In February, 1997, the Council and
department directors were provided with a position paper drafted
by the Suburban Cities Association on their position and vision of
the future and the issues and topics for regional and local levels.
Since then, members of the Committee have been meeting with
King County to determine the services best provided on a regional
level and those provided at a local level. A two-phase package has
been developed and is now under review by the Suburban Cities
Association. The first phase relates to human services, pools,
animal control, specialized police services and information sharing,
annexation and potential annexation areas, and the urban subsidy.
In the area of human services a basic package of services includes
family support and development, youth services (excluding
recreation), information and referral, basic needs and survival,
domestic violence, sexual assault, health services (excepting public
health), employment, and aging services. King County is now
conducting a cost analysis of their animal control services to
determine whether they can continue to provide animal services.
Currently King County subsidizes local animal control services at a
level of $1.2 million per year. There is also discussion regarding
the transfer of King County pools to the cities where they are
located. There has been discussion of short-term funding from
King County to assist local governments in infrastructure
improvement and development for the pools. There is recognition
that not all local governments need specialized police services and
may be better provided on a regional basis. There has been
considerable discussions regarding potential annexation areas and
preannexation agreements. Local governments are reluctant to
annex because of the future potential liability associated with the
infrastructure needs of the potential annexation areas. Discussions
are underway with King County to either obtain funding or other
recognition in meeting those deficiencies. The urban subsidy
refers to the 15% of the one percent sales tax collected by the
cities and disbursed to King County. It is the believed that much of
the tax collected in the urban area is going to support urban levels
of services in the rural area. The Committee is attempting to
redirect that money back to the urban area. Ms. Supler advised
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City of Aubum Council Meeting Minutes October 20. t997
that the Committee intends to present a proposal to the Suburban
Cities Association in early 1998. The proposal needs to be ratified
by 30% of the cities representing 70% of the population. Mayor
Booth expressed opposition to any regional governance proposal
that would have an impact on cities.
C. Downtown Plan Update and Transit Hub Task Force
Planning and Community Development Director Krauss reported
that the Mayor appointed a task force to work with staff and the
City's consultant, Arai Jackson, to develop the Downtown Plan
Update and Transit Hub Plan. The task force is comprised of
representatives from the City Council, Planning Commission,
Auburn Chamber of Commerce, Downtown Association, individual
property owners, downtown residents, and a representative from
the senior center. Councilmember Singer is the Council's
representative on the task force. Within the next three to four
weeks, representatives of the task force, as well as King
County/Metro and State Department of Transportation officials, will
travel to Vancouver, British Columbia, Canada, to meet with their
transit officials and discuss Vancouver's Sky Train and commuter
rail. The visit to Vancouver is sponsored by the Chamber of
Commerce and the Auburn Downtown Association. Mayor Booth
advised that the number of City staff representatives allowed to
travel to the meeting in Vancouver will be limited. The meeting will
be held November 13 and 14, 1997. Councilmember Wagner
suggested that the "stow boards" created by university students on
the commuter rail and transit hub should be reduced for easy
dissemination to the task force. Mr. Krauss advised that the
second meeting of the task force will include a presentation of the
"stow boards" and transit hub model. Mayor Booth reported that
the members of the task force include Councilmember Singer,
Planning Commissioner Karen Smith, Alan Keimig, Ramona Rydell,
Mike Morrisette, Lynn Norman, Roger Thoresen, Shirley Wikum,
Jane Leet, and Jim Blanchard.
D. Executive Session
Mayor Booth recessed the meeting to executive session at 9:31
p.m. for approximately 20 minutes in order to discuss litigation.
Mayor Booth indicated no action is expected as a result of the
executive session.
Mayor Booth reconvened the meeting at 9:56 p.m.
Page 24
City of Auburn Council Meeting Minutes October 20, 1997
IX. ADJOURNMENT
There being no further action to come before the City Council this
evening, the meeting adjourned at 9:56 p.m.
Approved on the ,~ d day of L~~ ,1997.
Charles A. Booth, Mayor 'l~'anielle E. Daskam, City Clerk
97M 10-20. DOC
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