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HomeMy WebLinkAbout03-02-1998 CITY OF AUBURN COUNCIL MEETING MINUTES March 2, 1998 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:32 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: Pete Lewis, Jeanne Barber, Trish Borden, Gene Cerino, and Rich Wagner. Councilmembers Sue Singer and Fred Poe were excused from attendance. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, 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, Assistant Planning Director Lynn Rued, Associate Planner Bill Mandeville, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Boy Scout Troops 331 and 341 Mayor Booth welcomed members of Boy Scout Troops 331 and 341 in attendance. Scouts and leaders from Troop 331 included Matt Thiele, Kyle Wilson, Tristan Haynes, Chris Thiele, Claude Thiele and Lynn Barker. The following scouts and leaders from Troop 341 were present: Adam Bowman, Nathan Shepherd, Jason Froelich, Quinn Norris, Jason Slagle, Kenny Horkley, Ryan Brown, Paul Bowman, Dave Foelich, Larry Horkley, and Jar~l Norris. The scouts Page I City of Auburn Council Meetin.q Minutes March 2, 1998 were observing the City Council meeting as part of their efforts to achieve the citizenship in the community merit badge. For clarification of these minutes, the scouts were introduced immediately following approval of the Consent Agenda. 2. Appointments There were no appointments for City Council review. D. Agenda Modifications Mayor Booth announced agenda modifications to correct the title of Ordinance No. 5074 transmitted under Item VII.A.1 of these minutes and to add Ordinance No. 5078 transmitted under VII.A.3 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Consolidated Plan O3.4.1.7 The Consolidated Plan is a strategy for housing and community development in Auburn. It is a prerequisite to the receipt of Community Development Block Grant (CDBG) funds. The City anticipates receiving approximately $389,000 in CDBG funds for the 1998-99 program year. The purpose of this hearing is to solicit public comments regarding changes to the 1998 Annual Plan for the City of Auburn's Consolidated Plan. Mayor Booth opened the public hearing. Associate Planner Bill Mandeville presented the staff report on the 1998 Annual Plan. On January 5, 1998 the City Council conducted a public hearing on the 1998 Plan for the City of Auburn Consolidated Plan. Since that time, two changes are recommended to the Plan which require this evening's public hearing. The first change is located on page 98-6-2 and elaborates on the method for approval and amendment of the Plan, including provisions for inactive and abandoned capital projects. The Plan provides that a capital Page 2 City of Auburn Council Meetinn Minutes March 2, 1998 project is considered inactive or abandoned if (1) the grant agreement expires and the subrecipient does not request a renewal or extension of their grant agreement; (2) the subrecipient fails to make a request for payment or fails to submit an activity report; and (3) within the first year the subrecipient fails to make the project bid ready. The purpose of the change to the Plan is to expedite the disbursement of the block grant funds. The second change is to the objective for total number of low income housing units objective contained on page 98-6-4. The objective was changed from 1,884 housing units to 650 housing units. It was determined that the higher number of housing units was developed based on a higher percentage of overall housing units developed expected from growth related to the construction of the Supermall. There were no requests from the audience to comment on the Consolidated Plan. Councilmember Borden moved and Councilmember Lewis seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 5-0. Please refer to Item VII. B.3 of these minutes for further action on this item. B. Audience Participation 1. Mary Urbach, Dieringer School District 124, 7 - 12th Street East, Puyallup, WA Ms. Urbach spoke on behalf of Dieringer School District regarding Ordinance No. 5078. Ms. Urbach addressed changes made to proposed Ordinance No. 5078 since its presentation to the Planning and Community Development Committee. Ms. Urbach explained that the ordinance is critical to the Dieringer School District should the City annex the Lakeland area which is now located in Pierce County. The build-out of the Lakeland area is approximately 3,400 homes, approximately 1,800 of which are within the City's annexation area. Under existing Pierce County impact fee Page 3 City of Auburn Council Meetinl3 Minutes March 2, ~1998 schedules, 1,800 homes represents approximately $2 million in impact fees to the Dieringer School District. Ms. Urbach noted that adoption of the ordinance would be followed by adoption of an impact fee schedule and an interlocal agreement between the City and the school district for collection of the impact fees. Ms. Urbach expressed concern with Section 19.02.040 of the proposed ordinance relating the interlocal agreement provision. She noted that the language in Section 19.02.040 has been modified from previous draft versions of the ordinance including the version reviewed by the Planning and Community Development Committee last week. The existing version of Section 19.02.040 shifts the entire burden for defending any challenge of the ordinance to the school district. She proposed that the responsibility for defending a challenge of the ordinance should be equally shared by the City and the school district. In response to questions from Councilmembers Cerino and Lewis, City Attorney Reynolds explained that Section 19.02.040 provides that the District will be responsible for defense of any and all claims which may occur as a result of the adoption of Ordinance No. 5078, including any constitutionality challenges. 2. Will Julum, Dieringer School District, 1320 178th Avenue East, Sumner, WA Mr. Julum identified himself as a member of the Board of Directors of the Dieringer School District. He expressed concern with Section 19.02.040 of proposed Ordinance No. 5078 which provides that the school district will be solely responsible for defending all claims and challenges against the ordinance. He noted that other school districts' agreements with other cities do not contain language that would require the district to bear the burden of defending a school impact fee ordinance. He requested the City Council amend Section 19.02.040 and adopt Ordinance No. 5078. Page 4 City of Auburn Council Meetin.q Minutes March 2, t998 For clarification purposes, Mr. Julum's comments were made immediately following the conclusion of the City Council's executive session. C. Correspondence 1. A letter dated February 20, 1998 addressed to the Auburn City Council from Alda H. Wilkinson, Executive Secretary for the Washington State Boundary Review Board for King County regarding Notice of Rescheduled Public Hearing on File No. 2008 - City of Federal Way - Assumption of Lakehaven Utility District. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services In the absence of Chair Poe, Vice Chair Cerino reported the Municipal Services Committee did not meet this evening. The next regular meeting of the Municipal Services Committee is scheduled for March 16, 1998 at 5:00 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met February 23, 1998. The Committee held a public hearing on water and sewer certificates for Schneider Homes. The Committee also reviewed and recommends approval of concessionaire agreements with the Optimist Club and Auburn Little League. The Committee reviewed and discussed the school impact fee ordinance and noted representatives from Auburn and Dieringer School Districts attended the meeting. The next regular meeting of the Planning and Community Development Committee is scheduled for March 9, 1997 at 6:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met February 23, 1998. The Committee reviewed and recommends approval of several contract administration items appearing on this evening's agenda. The Committee received a presentation from the Public Works Director of Federal Way on their proposed assumption of the Lakehaven Utility District. Federal Way has requested the City's support of Federal Way's assumption of the utility districL The Page 5 Citv of Auburn Council Meeting Minutes March 2, 1998 Committee also received a presentation on the water cost of service study, which will result in higher rates for wholesale water customers. The next regular meeting of the Public Works Committee is scheduled for March 9, 1998 at 4:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 p.m. The Committee discussed Resolution No. 2922, a local law enforcement block grant hearing, regional governance and finance, and recent legislative action. The next regular meeting of the Finance Committee is scheduled for March 16, 1998 at 6:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the November 5, 1997 special City Council meeting. 2. Minutes of the February 9, 1998 special City Council meeting. 3. Minutes of the February 17, 1998 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 130356 through 130676 in the amount of $500,116.63 for Period 15 and dated March 2, 1998. 2. Payroll Payroll check numbers 244431 to 244958 in the amount of $566,099.08 and electronic deposit transmissions in the amount of $462,253.34 for a grand total of $1,028,352.42 for the pay period covering February 12,1998 to February 24, 1998 are approved for payment this 2nd day of March, 1998. Page 6 City of Auburn Council Meeting Minutes March 2, 1998 C. Call for Public Hearing 1. Local Law Enforcement Block Grant F5.4.1 City Council to call for a public hearing to be held Monday, March 16, 1998 to receive public comments concerning the acceptance and use of 1997 Local Law Enforcement Block Grant funds. D. Contract Administration 1. Public Works Project Number PR 631 O4.11.1 PR631 City Council to award Small Works Contract No. 98-06, Braunwood Satellite Standby Power, to New Horizons Telecom, Inc. on their low bid of $24,110.00 plus Washington State sales tax. 2. Public Works Project Number PR 613 and PR 59IA O4.11.1 PR 613 City Council to award Contract No. 98-08, Intertie Pump Station and Well #7 Pump Station, to Hisey Construction, Inc. on their low bid of $1,314,500.00 plus Washington State sales tax. 3. Amendment No. 2 to Agreement for Professional Services Agreement between the City of Auburn and Parametrix A3.16.9 City Council to approve Amendment No. 2 to Agreement for Professional Services Agreement between the City of Auburn and Parametrix for the removal and replacement of underground storage tanks. Page 7 City of Auburn Council Meeting Minutes March 2, 1998 4. Amendment No. 4 to Consultant Agreement between the City of Auburn and CH2M Hill A3.16.9, O4.11.1 PR 609 City Council to approve Amendment No. 4 to the Consultant Agreement between the City of Auburn and CH2M Hill for additional design work related to PR 809, Interlocal Agreement No. 2 Water Lines. 5. Amendment No. 2 to the Consultant Agreement between the City of Auburn and W & H Pacific A3.16.9 City Council to approve Amendment No. 2 to the Consultant Agreement between the City of Auburn and W & H Pacific for the Auburn Municipal Airport Stormwater Detention Alternative Review for an amount not to exceed $7,500. 6. Agreement for Artistic Service A3.16.5 City Council to approve an Agreement for Artistic Service between the City of Auburn and the Auburn Symphony Association in the amount of $20,000 for two performances on March 6 and 8, 1998. 7. Agreement for Artistic Service A3.16.5 City Council to approve an Agreement for Artistic Ser,:ice between the City of Auburn and Northwest Folklife in the amount of $1,572 to conduct educational programs at Olympic Middle School. E. Real Property Sale 1. 'T' Street NE & 26th NE A3.13.4 City Council to award the public bid to Les Schwab Tire in the amount of $50,100.98 for the purchase of 0.24 acres of City owned real property located at 'T' Street NE and 26th Street NE. Page 8 City of Auburn Council Meeting Minutes March 2, 1998 F. Surplus Property F4.6.1 1. Parks and Recreation Department City Council to approve the surplus, disposal and removal of assets as indicated for the following items: 3 Couches: Asset # 0013300140 Asset # 0013300141 Asset #0013300142 3 Couches (brown and orange print) 1 Couch (light brown & tan) 2 small black office desks 2 blue chairs with attached end tables 2 striped upholstered chairs 1 orange upholstered chair 4 oak end/coffee tables 1980 Datsun Lil Hustler, Serial # H720248264; license D-30275 (Tag #No. 33-145) 1987 Ransome Cutting Unit #0013300168 1987 Ransome Mower #0013300180 1988 Honda Mower HR194 #0013300175 1988 Olathe Blower #0013300170 1988 Toro Vac Blower #0013300173 Howard Rotovator John Deere Push Mower 2 PTO driven fertilizer hoppers, Eurospan brand 1980 Roll Dump Trailer, # 4360000021 1 - 2CY End Dump Trailer 2 - 4x5 foot utility trailers 10 galvanized garbage cans 3 broken clerical chairs 2 Network Processors and associated cables (Asset # 033184 and 033183) 1 AGI Computer Keyboard 1 Epson RX100 dot matrix printer, Serial # 037991 1 Star Dot Matrix Printer, Serial #2800769004060 1 286 Computer 1 - 12" display monitor, Serial #1V01351 Sharp 10-key calculator Blue 2-seater upholstered chair 2 boxes of miscellaneous computer books 1988 GMC S15 Pick-Up. #-4370000017 VIN1GDCS14R9J2529115 Items to be removed from asset list: #0013300251 - Scoreboard Control Console. #0013300153 - Public Address System Page 9 City of Auburn Council Meetin,q Minutes March 2, 1998 #0013300190 - Steel/Scoreboard. #0013300244 - Picnic Tables. #0013300139 - Table. #0013300169 - Cushman Mower. #0013300122 - Binocular/Freestanding. #0013300171 - Vacuum Unit. (Cemetery) #0013300118 - 10 x 15 canopy. (Cemetery) #0013300144 - Kiln. #4360000748 - Equipment Storage. (Cemetery) #4360000005 - Triplex Mowers. (Cemetery) #4360000004 - Triplex Mowers. (Cemetery) #-4360000006 - Generator (Cemetery) #~,360000009 - Canopy. (Cemetery) #4360000006 - Triplex Mower. (Cemetery) ~,360000013 - Kubota Tractor. (Cemetery). #-4360000011 - Kubota Tractor - 285. (Cemetery). #~360000016 - Triplex Mower. (Cemetery). ~360000027 - IBM Electric Typewriter. (Cemetery). #-4360000049 - Copier. (Cemetery). #4373300051 - 825 trailer. #4373300044 - 810 Grinder.(Golf Course). #4370000032 - Motorola Maxtrac 100. (Golf Course). #4373300012 - 1983 Jacobsen Greens King IV. (Golf Course) ~,373300033 - Mounted Spray Tank 21" Boom. (Golf Course). #4373300051 - Loader, 3 Yd. #-4373300037 - AMT Tuff Vehicle. Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 5-0. V. UNFINISHED BUSINESS Mayor Booth recessed the meeting to executive session at 8:00 p.m. for approximately 20 to 30 minutes in order to discuss litigation. Mayor Booth indicated the Council would continue with this evening's agenda when the meeting is reconvened. Mayor Booth reconvened the meeting at 8:27 p.m. A. Bonney Lake Settlement Agreement City Council to consider a Settlement Agreement between the City of Auburn and the City of Bonney Lake. Page 10 City of Auburn Council Meetin~l Minutes March 2, 1998 City Attorney Reynolds read the title of Resolution No. 2925 authorizing the Mayor and City Clerk to execute a Settlement Agreement between the City of Auburn and the City of Bonney Lake. Mr. Reynolds advised that the City Council has agreed to authorize the City of Auburn to construct the Iooping of the water system to the south point of the Potential Annexation Area and Bonney Lake would be responsible for the Iooping from that point south6:ly. The City Council also directed that the Settlement Agreement include a provision that Bonney Lake would retain an option that prior to termination of the seven years following annexation by the City of Auburn, Bonney Lake could request that Auburn accept the water system prior to the expiration of seven years. Councilmember Wagner moved and Councilmember Barber seconded to adopt Resolution No. 2925 amended to include language that the City of Bonney Lake would have the option during the seven year period after annexation to request that the City of Auburn accept the capital facilities in the service area and the City of Auburn would retain the option to accept the capital facilities; amendment to paragraph to reflect the City Attorney Reynolds' comments on Iooping the water system to indicate that the City of Auburn's Iooping goes only to the Potential Annexation Area boundary; and to delete paragraph 12 that requires a $150,000 payment to the City of Bonney Lake. MOTION CARRIED UNANIMOUSLY. 5-0. Mayor Booth acknowledged Mayor Robert Young from the City of Bonney Lake in attendance this evening. VI. NEW BUSINESS A. Development Agreement A3.13.8 WSC0032-97 City Council to consider the request of Schneider Homes for the issuance of water and sewer availability certificates for property located at 30824 116th Avenue SE and to approve the Petition for Annexation, Annexation Agreement and Declaration of Covenant. Planning and Community Development Director Krauss explained that the developer proposes to subdivide a five-acre parcel into 30 single-family home sites. The City policies require compliance with local development standards to obtain City water and sewer availability along with a preannexation commitment. The proposal is fully consistent with all City standards. Page 11 City of Auburn Council Meetinrl Minutes _ March 2, 1998 Councilmember Wagner questioned whether overall capacity is measured for water and sewer after water and sewer certificates are issued. Public Works Director Currie advised that capacity is measured for sewer, but is generally not done for water. Capacity for sewer is relative to the size of the pipeline. Utilities Engineer Holobaugh added that the only area in the city that has a capacity issue is in the Academy area. All areas on Lea Hill can accept the ultimate projected flows. Modeling impacts are conducted on all new developments, and no negative impacts have been found within the last 18 months. Councilmember Borden moved and Councilmember Lewis seconded to approve the Development Agreement with Schneider Homes. MOTION CARRIED UNANIMOUSLY. 5-0. Please refer to Item VII. A.2 of these minutes for further action on this item. B. Application No. CUP0006-97 03.10.1 CUP0006-97 City Council to consider the request of St. Matthew Episcopal Church for a conditional use permit to allow a 5,500 square foot expansion of the existing church located at 123 "L" Street NE. Councilmember Borden moved and Councilmember Lewis seconded to approve the conditional use permit based on the Hearing Examiner's findings of fact, conclusions and conditions and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 5-0. C. City Code Chapter 19.02, School Impact Fees F4.3, A3.5.5.19 City Council to consider a new Auburn City Code Chapter 19.02, School Impact Fees, to allow the City of Auburn to collect impact fees and disburse them to school districts that have established an impact fee collection process with the City of Auburn. Page 12 Citv of Auburn Council Meetinq Minutes March 2, 1998 Councilmember Borden reported the Planning and Community Development Committee held extensive discussion regarding proposed City Code Chapter 19.02, School Impact Fees. She spoke in favor of the additiona! language in Section 19.02.040 to require the school district to bear the sole responsibility for defending any and all claims against the ordinance. Councilmember Wagner agreed with Councilmember Borden's comments. He questioned the timeline for receiving the Interlocal Agreement with the Dieringer School District. Planning and Community Development Director Krauss advised that the Interlocal Agreement and schedule of impact fees will be presented to the Council as soon as possible. In response to a question from Councilmember Wagner, Planning and Community Development Director Krauss advised that the "predecessor in interest" referenced in Section 19.02.080 is Pierce County. City Attorney Reynolds advised that provisions of prior agreements between Pierce County and developers may exclude them from paying school impact fees. Mary Urbach Ms. Urbach explained that [here are two plats that have already been approved by Pierce County for single family subdivisions with a condition of approval to pay impact fees. If the impact fees have not been paid, the City's ordinance would then apply. Councilmember Wagner referred to Section 19.02.090D which allows impacts fees to be adjusted by the. Planning Director. Councilmember Wagner questioned the provision that provides for a decision by the Planning Director with consultation with the District. Assistant Planning Director Rued referred to Section 19.02.090G which provides for an appeal process to the District. City Attorney Reynolds noted that he previously provided Councilmembers with a copy of a letter dated February 27, 1998 from Bogle & Gates, attorneys representing The Lakeland Company, regarding proposed Title 19. Please refer to Item VI/.A.3 of these minutes for further action on Auburn City Code Chapter 19.02. Page 13 City of Auburn Council Meetin¢l Minutes March 2, 1998 VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5074 03.8 REZ0002-97 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located on the south side of Oravetz Road, within the city of Auburn, Washington, changing the zoning classification thereof from unclassified to R-4 (multi-family) and repealing Ordinance No. 5054 passed December 1, 1997. City Attorney Reynolds read the title of Ordinance No. 5074. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5074. MOTION CARRIED UNANIMOUSLY. 5-0. 2. Ordinance No. 5075 A3.13.8 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a Development Agreement between the City and Schneider Homes, Inc. City Attorney Reynolds read the title of Ordinance No. 5075. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5075. MOTION CARRIED UNANIMOUSLY. 5-0. 3. Ordinance No. 5078 An Ordinance of the City Council of the City of Auburn, Washington, adopting a new Title 19 of the Auburn City Code entitled "Impact Fees," authorizing the imposition and collection of impact fees for school districts which have adopted capital facility plans in the City" Comprehensive Plan; providing purpose, definitions, determination of impact fees, interlocal agreement(s), capital facilities plan(s), annual Page 14 City of Auburn Council Meeting Minutes March 2, 1998 City Council review, fee collection, exemptions, adjustments, exceptions and appeals and impact fee accounts and refunds. City Attorney Reynolds read the title of Ordinance No. 5078. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5078. MOTION CARRIED UNANIMOUSLY. 5-0. B. Resolutions 1. Resolution No. 2919 O5.1.1 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 a Concessionaire Agreement between the City and the Auburn Optimist Club for the concession operation at the Game F~rm Park ballfields for 1998. City Attorney Reynolds read the title of Resolution No. 2919. Councilmember Borden moved and Councilmember Lewis seconded to adopt Resolution No. 2919. MOTION CARRIED UNANIMOUSLY. 5-0. 2. Resolution No. 2920 O5.1.1 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 a Concessionaire Agreement between the City and the Auburn Little League for the concession operation at the Brannan Park ballfields for 1998. City Attorney Reynolds read the title of Resolution No. 2920. Councilmember Borden moved and Councilmember Barber seconded to adopt Resolution No. 2920. MOTION CARRIED UNANIMOUSLY. 5-0. Page 15 City of Auburn Council Meetinn Minutes March 2, 1998 3. Resolution No. 2924 O3.4.1.7 A Resolution of the City Council of the City of Auburn, Washington, adopting the 1998 Annual Plan to the City of Auburn's Consolidated Plan for the years 1996 to 1999 - a planning document for housing and community development programs. City Attorney Reynolds read the title of Resolution No. 2924. Councilmember Borden moved and Councilmember Lewis seconded to adopt Resolution No. 2924. MOTION CARRIED UNANIMOUSLY. 5-0. VIII. MAYOR'S REPORT A. Executive Session An executive session was held prior to action on Resolution No. 2925, approving the Settlement Agreement between the City of Bonney Lake and the City of Auburn, under Item V.A of these minutes. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 8:52 p.m. Approved on the / 2 "' day of ,1998. Charles A. Booth, Mayor Danielle Daskam, City Clerk 98M03-02 Page 16