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HomeMy WebLinkAbout02-02-1998 CITY OF AUBURN COUNCIL MEETING MINUTES February 2, 1998 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 Auburn City Council were present: Pete Lewis, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Councilmember Singer was excused from attendance. 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 Currie, City Engineer Dennis Dowdy, Utilities Engineer Dwight Holobaugh, Planning and Community Development Director Paul Krauss, City Attorney Michael J. Reynolds, Deputy City Clerk Cathy Richardson, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - DECA Week Mayor Booth to present a proclamation to Auburn Riverside High School students declaring February 8- 14, 1998 as DECA Week in the city of Auburn. Mayor Booth read a proclamation declaring February 8 through 14, 1998 as DECA Week in the city of Auburn. The proclamation was presented to Brooke Page1 City of Auburn Council Meetinrl Minutes February 2, 1998 Smith, a student and DECA member from Riverside High School. 2. Appointments There were no appointments for City Council consideration this evening. D. Agenda Modifications An agenda modification included the text of Resolution No. 2913 transmitted under Item VII.B.7 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Mill Creek Special Area Management Plan Memorandum of Agreement O3.4.1.17 The purpose of the Memorandum of Agreement is for the Sponsors and Supporting Agencies of the Mill Creek Special Area Management Plan (SAMP) to support in concept the goals and objectives of the SAMP and to demonstrate their intention to identify and initiate the mechanisms necessary to adopt and implement the SAMP. The Memorandum of Agreement does not adopt and put into effect the SAMP. Planning and Community Development Director Krauss presented the staff report on the Mill Creek Special Area Management Plan (SAMP) Memorandum of Agreement. The City of Auburn has been participating in the development of the Mill Creek SAMP since 1989. The SAMP is designed to restore the Mill Creek ecosystem while at the same time offer increased ~exibility for property owners. The SAMP would allow property owners to fill and develop less desirable wetlands located in remote locations generally outside Mill Creek in exchange for mitigation by creating new wetlands or expanding wetlands in Mill Creek. The participants in the SAMP are the cities of Auburn and Kent, King County, Army Corps of Engineers, State Department of Ecology, and the US Environmental Protection Agency. Page 2 City of Auburn Council Meetin,el Minutes February 2, 1998 The purpose of the Memorandum of Agreement is to affirm the commitment of the participants in the SAMP process to the goals and objectives of the SAMP. It also commits the signatories to a variety of activities over the next year leading up to approval of the SAMP. It is important to note that signing the Memorandum of Agreement does not approve the SAMP. City staff continues to have concerns with some aspects of the SAMP and will continue efforts to resolve those concerns. The public review draft of the SAMP was released in 1997, and is an improved document over previous drafts. Mr. Krauss recommended the City Council approve the Mill Creek Special Area Management Plan Memorandum of Agreement. Resolution No. 2915 authorizing the Memorandum of Agreement appears later on this evening's agenda. Mayor Booth opened the public hearing. Dee Hansen, 31815 Military Road South, Auburn Mr. Hansen inquired whether Mill Creek ends in the Blue Heron rookery and whether an environmental review has been conducted. Planning and Community Development Director Krauss advised the Blue Heron rookery is located above Mill Creek. Public Works Director Currie added that the Blue Heron rookery is not located within the SAMP area but is located at the downstream end of Peasley Canyon. Mayor Booth advised that the purpose of the SAMP is to improve the function of the Mill Creek corridor in exchange for low-grade fill in other areas. Ralph Mason, 22711 SE 410th, Enumclaw, WA Mr. Mason confirmed receipt of the City of Auburn's letter dated December 16, 1997 from Senior Planner Bob Sokol in response to Mr. Mason's request that the City consider the State Attorney's General recommendation regarding unconstitutional taking of property. Mr. Sokol's letter indicated the City's legal staff would consider the Attorney's General process prior to adopting the SAMP. Councilmember Poe expressed his understanding that the SAMP area includes everything west of the Green River including uplands, which include wetlands tributary to Mill Page 3 City of Auburn Council Meetincl Minutes February 2, 1998 Creek and tributaries of Mill Creek. Therefore, the Blue Heron rookery is included within the SAMP. Planning Director Krauss explained that fundamentally the rookery is within the SAMP, but the City of Federal Way has not been an active participant in the SAMP process recently. The SAMP mapping begins at the Green River at the northern part of Auburn and extends to the West Hill and back down to Peasley Canyon. Some of the tributaries in Federal Way may not be included on the final maps for the SAMP. The SAMP mitigations would occur below the heron rookery. Mr. Krauss reiterated that the intent of the SAMP is to restore the Mill Creek ecosystem, which has been damaged over the years by development, agriculture, ditching, flood control projects, and read construction. Dee Hansen Mr. Hansen indicated he was unaware that Federal Way has not been a participant in the SAMP. Mr. Hansen expressed concern with a parcel of land within Peasley Canyon that was logged in preparation for development. Planning Director Krauss indicated that the area in question is outside the jurisdiction of Auburn, and referred Mr. Hansen to officials at King County. Michael Kohr, 3815 West Valley Highway North, Auburn Mr. Kohr requested clarification on the purpose of this evening's hearing and whether any changes have been made to the SAMP. Planning Director Krauss advised that, according to his information, no changes have been made to the SAMP, including the changes recommended by the City of Auburn. The Memorandum of Understanding enables the Corps of Engineers to go forward and ~nalize the Plan for adoption and commits the parties to a process to resolve remaining issues and proceed to adoption of the SAMP next year. There will be further meetings and hearings prior to adoption of the SAMP. Mayor Booth emphasized that signing the Memorandum of Agreement does not adopt and put into effect the SAMP. Mara Locken, 6430 South 287th Street, Kent, WA Ms. Locken reported that she has written several letters to the Corps of Engineers regarding the SAMP. She Page 4 City of Auburn Council Meeting Minutes February 2, t998 questioned whether the Corps would answer her letters. Planning Director Krauss offered to provide Ms. Locken with the next meeting date for the SAMP once it has been scheduled. Motion by Councilmember Borden, second by Councilmember Lewis to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Lewis to adopt Resolution No. 2915. Councilmember Poe noted that Resolution No. 2915 refers to the City's comments and concerns with the Draft SAMP and requested information on the concerns expressed to the Army Corps of Engineers. Planning Director Krauss outlined the City's concerns. The SAMP document did not give adequate credibility to the economic development goal. The SAMP as currently drafted only supports commercial and industrial development and is based on need, while the City's position is that the Comprehensive Plan should take precedence. In addition, some of the areas within the SAMP are designated for residential development. The SAMP should recognize that upland properties in the Mill Creek corridor are not necessarily available for restoration unless the property or development rights are purchased. The City is concerned with some of the quality labels that were assigned to some of the wetlands. The City also has concerns with the King County Agricultural Preservation District (King County APD). There is a presumption that if property is within the King County APD, they can automatically preserve wetlands. The City believes that wetlands can be damaged by agricultural uses. The City also forwarded all the comments received at the Planning and Community Development Committee to the Army Corps of Engineers. Public Works Director Currie added that Mill Creek is also a storm drainage facility and the SAMP needs to be consistent with the Mill Creek Plan as it relates to storm drainage rather than requiring the storm drainage plan to be consistent with the SAMP. Page 5 City of Auburn Council Meetin;I Minutes February 2. t 998 Councilmember Poe reported that the citizens committee on the SAMP agreed early in their discussions that the property owners should be compensated for taking of their property. He urged the City to emphasize that the effort to pursue funding for this purpose should continue. Councilmember Poe also expressed his hope that an extensive public hearing and comment process will take place once a final plan has been developed, and the citizens committee on the SAMP will have an opportunity to express their concerns. Planning Director Krauss advised the citizens committee is not disbanded but has not met in some time. The SAMP work group met approximately four times last year. MOTION CARRIED UNANIMOUSLY. 6-0, B. Audience Participation Mara Locken, 6430 South 287th Street, Kent, WA Ms. Locken recalled that last summer property owners to the south of her property cleared and filled land which diverted a stream from its historical flow. She reported the incident in a letter to the City. Since that time she has been in contact with City Engineer Dennis Dowdy and Storm Drainage Engineer Tim Carlaw. She indicated that two of the property owners involved in the land clearing are present at this evening's meeting. She reported the stream diversion causes flooding on her property on a weekly basis and has had a severe negative impact on her property and her neighbor's property. She asked the status of the City's investigation into the matter. Utilities Engineer Dwight Holobaugh reported City engineering staff conducted a field inspection with the property owners last week. The City is in the early stages of a possible enforcement action as the investigation continues. Ms. Locken asked that she receive copies of the City's correspondence to the property owners. C. Correspondence No correspondence was received for City Council review. Page 6 City of Auburn Council Meetin,q Minutes February 2, 1998 III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 5:00 p.m. The Committee recommends City Council approval of Resolution No. 2909, Addendum 1 to the Solid Waste Disposal Agreement between the City, RST Disposal and Boeing; approval of Resolution No. 2898, an agreement between the City and Vadis Northwest for litter control; rejection of all bids for reroofing of hangars 5, 6, and 7 at the Auburn Municipal Airport; and approval of the lease fee increase to Auburn Flight Service. The Committee also discussed the proposed land lease with Hangars Unlimited. The next regular meeting of the Municipal Services Committee is scheduled for Tuesday, February 17, 1998 at 5:00 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met January 26, 1998. The Committee recommends Council adoption of Resolution No. 2914 opposing the King County Council adoption of the Transfer of Development Rights Final Receiving Areas Plan. A resident of the Lea Hill area brought the matter to the Committee's attention. The Committee also discussed the library, and the Planning and Community Development and Public Works Committe~s should expect a presentation on the library at their next meetings. The next regular meeting of the Planning and Community Development Committee will be held Monday, February 9, 1998 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met January 26, 1998. The Committee recommends approval of a public works contract for the Lea Hill water line improvement project. The Committee received a presentation on corrosion control for the water system. The final cost of the corrosion control program will be less than anticipated due to an agreement with the State that Mayor Booth was able to obtain. The next regular meeting of the Public Works Committee will be Monday, February 9, 1998 at 6:00 p.m. Page 7 Citv of Auburn Council MeetinQ Minutes February 2, 1998 D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 p.m. The Committee discussed long term disability care for LEOFF 1 fire and police members. The Committee discussed Resolution No. 2916 regarding the display of the nationally recognized POW/MIA flag. The Resolution will be presented to the full Council on February 17, 1998. The Committee received a legislative update from Finance Director Supler. The Committee recommends the Council approve claims and payroll vouchers as they appear on this evening's agenda. The next regular meeting of the Finance Committee is scheduled for Tuesday, February 17, 1998 at 6:30 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the January 20, 1998 regular Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 129680 through 129949 in the amount of $1,584,139.94 for Period 14 and dated February 2, 1998. 2. Payroll Payroll check numbers 243967 to 244197 in the amount of $602,087.51 and electronic deposit transmissions in the amount of $515,578.34 for a grand total of $1,117,665.85 for the pay period covering January 16, 1998 to January 29, 1998 are approved for payment this 2nd day of February, 1998. Page 8 City of Auburn Council Meetinc~ Minutes February 2, 1998 C. Call for Public Hearing 1. ADDlication No. REZ0002-97 03.8 REZ0002-97 City Council to call for a closed record hearing to be held at its February 17, 1998 meeting to reconsider its decision to deny the request of Puget Western for a rezone from the existing zoning of Unclassified to R-4, Multi-family, for property consisting of 8.8 acres in size and located on the south side of Oravetz Road and approximately 1,600 feet west of "R" Street. D. Contract Administration 1. Public Works Project Numbers PR 609, PR 610, PR 611 and PR618 O4.11.1 PR609, PR610, PR611; 04.6.3 PR618 City Council to award Contract No. 98-07, Public Works Project Number PR 609, 610, 611, Lea Hill Intertie Water Main Projects, and Public Works Project Number PR 618, Sanitary Sewer Extension, located along SE 304th Street, to Robison Construction, Inc. on their low bid of $1,526,543.00 plus WA State sales tax. 2. Public Works Project Number PR 599 04.11.1 PR 599 City Council to grant permission to advertise for bids for Public Works Project Number PR 599, 1998 Waterline Improvements. 3. Amendment No. 2 to Agreement for Professional Services between the City of Auburn and Thomas D. Mortimer, Jr. O4.11 City Council to approve Amendment No. 2 to the Agreement for Professional Services between the City of Auburn and Thomas D. Mortimer, Jr. Page 9 City of Auburn Council Meetinn Minutes February 2, 1998 4. Amendment No. 1 to Agreement for Professional Enaineerina Services between the City of Auburn and Consoer Townsend Envirodyne Engineers, Inc. O4.9.1 PR 562, A3.16.9 City Council to approve Amendment No. 1 to the Agreement for Professional Engineering Services between the City of Auburn and Consoer Townsend Envirodyne Engineers, Inc. 5. Agreement with Puget Sound Enemy 04.8.1 City Council to authorize the Mayor to execute an agreement with Puget Sound Energy to pay up to $10,000 for a peer review of the City's drainage study. Motion by Councilmember Barber, second by Councilmember Wagner to approve the Consent Agenda. In response to questions from Councilmember Poe and Lewis, Mayor Booth reported that Consent Agenda Items IV.D.3 and 4 are budgeted items and are within the contract amounts. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS There were no items for review under this section. VI. NEW BUSINESS There were no items for review under this section. VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5070 O3.10.3 An Ordinance of the City of Auburn, VVashington, approving a surface mining permit to allow the excavation of 88,000 cubic yards of material to allow the development of a 38 lot single family subdivision, known as Vistara Division II and located westerly of the West Valley Highway and Page 10 City of Auburn Council Meetin.cl Minutes February 2, 1998 northwesterly of 11th Street NW, within the city of Auburn, Washington. Motion by Councilmember Borden, second by Councilmember Lewis to introduce and adopt Ordinance No. 5070. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 5071 O3.4.2.1.2 ZOA0005-97 An Ordinance of the City of Auburn, Washington, amending Auburn City Code 18.58.040 entitled "Storage and handling of fiammables" of Chapter 18.58 entitled "Performance Standards". Motion by Councilmember Borden, second by Councilmember Lewis to introduce and adopt Ordinance No. 5071. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 2898 04.7.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services for a litter control program between the City of Auburn and Vadis Northwest. Motion by Councilmember Poe, second by Councilmember Cerino to adopt Resolution No. 2898. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 2903 03.11.2, 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 for 1998 between the City of Auburn and Senior Services of Seattie/King County Nutrition Page 11 City of Auburn Council Meetin.cl Minutes February 2, 1998 Projects (SSS/KC) to provide a federally funded hot meal program for low-income elderly citizens in the Auburn area. Motion by Councilmember Borden, second by Councilmember Lewis to adopt Resolution No. 2903. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Resolution No. 2904 03.11.2, 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Meals on Wheels Satellite Site Memorandum of Agreement for 1998 between the City of Auburn and Senior Services of Seattle/King County (SSS/KC) to provide home delivered meal service in the Auburn area to the elderly. Motion by Councilmember Borden, second by Councilmember Poe to adopt Resoluticn No. 2904. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 2907 O3.1 ANX0006-97 A Resolution of the City Council of the City of Auburn, King County, Washington, setting forth the City's intent to annex certain property known as the Lea Hill Pump Station property for municipal purposes. Motion by Councilmember Borden, second by Councilmember Cerino to adopt Resolution No. 2907 and instruct the Planning Director to prepare a Notice of Intention to be forwarded to the Boundary Review Board. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Resolution No. 2909 04.7.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Addendum 1 to the Solid Waste Disposal Agreement between the City of Auburn, The Boeing Company, and Page 12 City of Auburn Council Meeting Minutes February 2, 1998 R.S.T. Disposal, Inc., to exercise the option to renew the Agreement for an additional three (3) years. Motion by Councilmember Poe, second by Councilmember Cerino to adopt Resolution No. 2909. MOTION CARRIED UNANIMOUSLY. 6-0. 6. Resolution No. 2911 O4.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Commute Trip Reduction Act Implementation Agreement between King County (through its Department of Transportation) and the City of Auburn for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. Motion by Councilmember Wagner, second by Councilmember Cerino to adopt Resolution No. 2911. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Resolution No. 2913 03.5 PLT A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of a 38-1ot single- family subdivision located westerly of West Valley Highway and northwesterly of 11th Street NW. within the city of Auburn, Washington. Motion by Councilmember Borden, second by Councilmember Lewis to adopt Resolution No. 2913 MOTION CARRIED UNANIMOUSLY. 6-0. 8. Resolution No. 2914 A1.3 A Resolution of the City Council of the City of Auburn, King County, Washington, opposing the King County Council adoption of the Transfer of Development RiGhts Final Receiving Areas Plan, dated 10 November 1997 as currently Page 13 City of Auburn Council Meetinn Minutes February 2, 1998 written, drafted by the King County Department of Natural Resources. Motion by Councilmember Borden, second by Councilmember Poe to adopt Resolution No. 2914. MOTION CARRIED UNANIMOUSLY. 6-0. 9. Resolution No. 2915 O3.4.1.17 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 the Mill Creek Special Area Management Plan (SAMP) Memorandum of Agreement and stating the City concerns to be addressed prior to adoption of the SAM P. Resolution No. 2915 was adopted under Item II.A. 1 of these minutes. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 8:19 p.m. for approximately 20 minutes in order to discuss litigation. Mayor Booth indicated no action is anticipated this evening as a result of the executive session. Mayor Booth reconvened the meeting at 9:10 p.m. Page 14 City of Auburn Council Meetinn Minutes February 2, t998 IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 9:10 p.m. Approved on the/7 y//J day of, _7~.~~ ,1998. Charles A. Booth, May~ ~ Danielle Daskam, City Clerk 98m02-02 Page 15