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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 Page 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 Page 2 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. Page 3 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 Page4 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 Page 5 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. Page 7 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 Page 9 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 Page 12 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) Page 13 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 Page 20 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. Page 21 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. Page 22 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 Page 23 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 Page 25