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HomeMy WebLinkAbout04-05-1999 CITY OF AUBURN COUNCIL MEETING MINUTES April 5, 1999 7:30 p.m. CALL TO ORDER Flag Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Staff members present included: Planning and Community Development Director Paul Krauss, Associate Planner Shirley Aird, City Engineer Dennis Dowdy, Parks and Recreation Director Dick Deal, City Attorney Michael J. Reynolds, Cultural Program Manager Susan Sagawa, Recreation Specialist Pam Gallion, Public Works Director Christine Engler, Finance Director Diane L. Supler, Fire Chief Bob Johnson, Police Chief Dave Purdy, Personnel Director Brenda Heineman, Associate Planner Bill Mandeville, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Kids' Banner Pro_j~ Mayor Booth to recognize Auburn young artists for their participation in the City of Auburn Kids' Banner Project. Mayor Booth presented Certificates of Recognition to Auburn young artists who contributed to the design of Page I City of Auburn Council Meeting Minutes April b) new City banners. Last summer, the Arts Commission held a workshop at Les Gove Park to create the artwork for the banners. Over 100 children attended. Fourteen pieces of artwork were chosen by a panel of the commissioners to be used as the pattern for the street banners. Fifty-two banners were fabricated from the original designs. Starting this week, the banners will be hung on lampposts in the downtown area throughout the summer. The young artists whose artwork was selected are: Amber Turner, Garrette Barker, Jimmy Barker, Tammy Bjorkman, Caitlin Gallion, Melissa Greenheck, Matt Lanka, Katelynn Meyers, Alyson Morrill, Erin Morrill, Andrew Malkowicz, Rebecca Nelson, Hillery Schram, and Nicole Schreiber. Child Abuse Prevention and Awareness Month Mayor Booth to present a proclamation declaring the month of April 1999 as "Child Abuse Prevention and Awareness Month" in the city of Auburn to volunteers representing the King County Superior Court Guardian Ad Litem Program. Mayor Booth presented a proclamation declaring the month of April 1999 as "Child Abuse Prevention and Awareness Month" in the city of Auburn to Marilyn Gregg. Ms. Gregg is a volunteer for the King County Superior Court Guardian Ad Litem Program. Appointments A3.8 a) Arts Commission City Council to confirm the appointment of Steve Le Penske to fill the unexpired term of Ron Carson which will expire December 31, 2000. Councilmember Lewis moved and Councilmember Poe seconded to confirm the appointment of Steve Le Penske to the Arts Commission to fill the unexpired term of Ron Carson. Page 2 City of Auburn Council Meeting Minut,~_~ April 5, 1.~^ II. MOTION CARRIED UNANIMOUSLY. 7-0. D. Agenda Modifications A corrected Appendix A to Ordinance No. 5219 was transmitted as an agenda modification under Item VlI.A.1 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearin,qs 1. Consolidated Annual Performance and Evaluation Repod (CAPER) for the Community Development Block Grant Pro.qram 03.4.1.7 The CAPER is an overall review of housing and community development activities undertaken in Auburn during 1998. Its primary purpose is to inform the citizens of Auburn how and where the federal funds are spent, and assess the program accomplishments as they relate to housing and community development goals set forth in the Consolidated Plan. The purpose of this hearing is to solicit public comments prior to approval of the CAPER and submission of the report to the U.S. Department Housing and Urban Development. Associate Planner Shirley Aird presented the staff report. The 1998 Consolidated Annual Performance and Evaluation Report (CAPER) summarizes Community Development Block Grant activities undertaken during the 1998 program year. The 1998 program year began April 1, 1998 and ended December 31, 1998. In 1998, the City granted over $450,000 in block grant funds for community and economic development and was leveraged to obtain approximately $2.5 million in additional funding. Additionally in 1998, the Food Bank expansion project was completed and the parking lot project for the Children's Home Society was constructed. The CAPER serves as the first step in revising the City's five-year Consolidated Plan. Page 3 City of Auburn Council Meetinfl Minutes April 5, 199,q Mayor Booth opened the public hearing. No one from the audience requested to speak. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Appeal of Public Works Committee Decision - Greg Griffin Construction, Inc. A3.23.6 An appeal filed by Greg Griffis Construction, Inc. on the City Council Public Works Committee's decision to deny a request for the deferral of the required public street improvements and a perpetual right-of-way use permit related to the redevelopment of the property located at 402 East Main Street. City Engineer Dowdy presented the staff report. In November, the Public Works Committee considered a request from Griffls Construction for a right-of-way permit to allow for the renovation of the existing building on the corner of East Main Street and "D" Street SE. The permit would allow for the encroachment into the current right-of-way by approximately six inches. The existing building encroaches the right-of-way, and the reinforcement of the building will result in additional right-of-way encroachment. Mr. Dowdy displayed an overhead of the existing building and roadway section. The Griffis building and approximately fifteen other parcels in the area are in the C-2 zone. Staff determined that to allow such a deviation from the design standards would have the potential to impact future development of the parcels located south of the Griffis parcel. Mr. Dowdy displayed an overhead of the standard roadway section superimposed on existing building with proposed exterior reinforcement. Mr. Dowdy explained there is a question of whether a center turn lane will be needed on "D' Street SE. The SEPA review of the project did not require a traffic impact analysis. The Public Works Committee determined that in order to ensure that area property owners are informed of the potential impact of the development and the right-of-way use, a public hearing should be conducted by Page 4 City of Auburn Council Meeting MIp,te_~ April 5, 199~ the City Council. The Committee denied the request in order to trigger the appeal by Griffis Construction and a subsequent public hearing on the appeal. Area property owners were mailed notice of the public hearing on the appeal. In response to questions from Councilmember Lewis, City Engineer Dowdy explained that the new addition to the existing building triggered the requirement for half-street improvements. Councilmember Wagner explained that the Public Works Committee denied the request for the purpose of impelling a public hearing on the proposal before the City Council. The denial was not based on the merits of the proposal. Committee members were generally in favor of leaving "D" Street SE a two-lane street, but recognized it was not a clear decision and input from the full Council was important. Councilmember Singer questioned the impact to properties located south of the Griffis property. City Engineer Dowdy responded that there is currently a light amount of traffic on "D" Street SE. All the properties in the C~2 zone could redevelop in the future and the volume of traffic could increase as a result. Mayor Booth opened the public hearing. Alan Keimiq, Keimig Associates Architects, 216 "A" Street NW, Auburn, WA Mr. Keimig presented the Council with two handouts; one containing a picture of the property as it currently exists and a rendering of the proposed construction, and the second handout illustrating the proposed curb radius. Mr. Keimig spoke regarding the structural changes proposed for the building. He acknowledged that the existing building encroaches the right-of-way from four to six inches. Mr. Keimig stated that the City's design standards for streets and sidewalks are not favorable to the project nor to any downtown development. The standards also require the developer to construct a 35-foot radius curb at East Main Street and "D" Street SE. The 35-foot radius curb is larger Page 5 City of Auburn Council MeetinR Minutes April 5, 19-~~, than the curb radius in downtown. Mr. Keimig requested the City Council reverse the Public Works Committee decision and find in favor of the applicant's request to redevelop and allow a right-of-way use permit for "D" Street SE. Gre~j Griffis, 2646 116th Avenue NE, Bellevue, WA Mr. Griffis identified himself as the property owner. Mr. Griffis encouraged the City to examine the C-2 zone in the general area and apply some sort of calculation for the traffic that may be generated ten to fifteen years from now and apply that to an arterial requiring a turn lane. Mr. Griffis acknowledged that the existing building encroaches the right-of-way four to six inches. The building exterior will be reinforced with a structural cast concrete which will add another three to four inches. In response to a question from Councilmember Wagner, Mr. Griffis suggested a thirty or more year term for the right-of- way permit. Councilmember Wagner moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Wagner moved and Councilmember Cerino seconded to reverse the decision of the Public Works Committee and grant the right-of-way use permit as outlined in the agenda bill for a term of thirty years. Councilmember Wagner spoke in favor of the motion noting the City must preserve some of the downtown building stock. Councilmember Borden questioned the need for a time limit for the right-of-way permit. City Attorney Reynolds indicated a thirty year term is agreeable and suggested an additional provision for termination of the right-of-way agreement in the event the building is demolished prior to the thirty-year term. City Attorney Reynolds also suggested rephrasing the motion under discussion to reflect reversal of the Public Page 6 City of Auburn Council Meeting Mip.te~_ April Works Committee decision to deny the street delay agreement. Councilmember Wagner agreed to modify his motion to reflect the reversal of the Public Works Committee denial of the street delay agreement and termination of the right-of- way agreement at thirty years or demolition of the building. Public Works Director Engler also suggested language for termination of the right-of-way agreement should redevelopment occur. Councilmember Poe spoke in favor of a longer term for the right-of-way agreement and suggested a fifty-year term. He also stated there is sufficient access to Main or 2nd Street for property owners who wish to develop their properties. Gregg Griffis Mr. Griffis suggested the term of the right-of-way agreement should be fifty years or the economic life of the structure. In response to questions from Councilmember Poe, City Engineer Dowdy recommended leaving the curb radius as it is. Councilmember Wagner withdrew his motion. Councilmember Wagner moved and Councilmember Cerino seconded to reverse the Public Works Committee decision to require public improvements and half-street at the address in question, direct the City Attorney to prepare the necessary documents to reflect the reversal of the Public Works Committee decision, and grant a right-of-way use permit for the use of approximately six inches of right-of-way required for the improvement for a term of fifty years or a building permit for reconstruction of the west wall, whichever is sooner. MOTION CARRIED UNANIMOUSLY. 7-0. Page 7 City of Auburn Council Meetin~l Minutes April 5, 199q II1. B. Audience Participation Randy Ahrens, 904 Pike Street NW, Auburn, WA Mr. Ahrens spoke against the construction of any additional gambling facilities in the city of Auburn. Mayor Booth advised that legislation is pending before the state legislature regarding gambling regulation and controls. Correspondence No correspondence was received for City Council review. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening. The Committee discussed proposed airport hangars and airport financing, the golf course history and a program of proposed future improvements. The next meeting of the Municipal Services Committee is scheduled for Monday, April 19, 1999. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met March 22, 1999. The Committee reviewed and recommended approval of an amendment to Ordinance No. 4689 to allow an annual motorcycle race at Emerald Downs, a petition for annexation near the golf course, and a caretaker agreement for Game Farm Park. The Committee also received a presentation from City Engineer Dowdy on the Endangered Species Act and a staff report on the CAPER. The Committee also discussed a proposed zoning ordinance amendment related to casinos. The next regular meeting of the Planning and Community Development Committee is scheduled for April 12, 1999 at 6:30 PM. Public Works Chair Wagner reported the Public Works Committee met March 22, 1999. The Committee recommended advertisement for bids for the "B" Street Local Improvement District. The Committee also discussed the Endangered Species Act 4(d) Rule. The next regular meeting of the Public Works Committee is scheduled for April 12, 1999. Page 8 City of Auburn Council Meetln;! Minutes April 5, ~ IV. Finance Chair Barber reported the Finance Committee met this evening at 6:30 PM. The Committee reviewed and recommended approval of claims and payroll vouchers, Ordinance No. 5219 and Ordinance No. 5221. The Committee also received a legislative update and discussed a proposed false alarm fee ordinance. The next regular meeting of the Finance Committee is scheduled for April 19, 1999 at 6:30 PM. CONSENT AGENDA A. Minutes 1. Minutes of the March 15, 1999 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 200 and 140278 through 140847 in the amount of $1,374,909.19 for Period 16 and dated April 5, 1999. Payroll Payroll check numbers 251773 to 251996 in the amount of $392,254.73 and electronic deposit transmissions in the amount of $561,501.80 for a grand total of $953,756.53 for the pay period covering March 11, 1999 to March 31, 1999. C. Contract Administration Public Works Proiect Number PR 54~ O4.9.1, F2.4.9 City Council to authorize the call for bids for the construction of"B" Street Improvements, Local Improvement District No. 347. Page 9 City of Auburn Council MeetinR Minutes April VI. Amendment No. 3 to Agreement for Professional Services between the City of Auburn and Thomas D. Mortimer, Jr. O4.11 City Council to approve Amendment No. 3 to the Agreement for Professional Services between the City of Auburn and Thomas D. Mortimer, Jr. Councilmember Barber moved and Councilmember Wagner seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS There were no items under this section for City Council review. NEW BUSINESS Application Number ANX0001-99 O3.1 ANX0001-99 City Council consideration on the request of property owners to annex a 3.21 acre parcel of property that is located on the east side of the Green River and adjacent to the Auburn Municipal Golf Course. Councilmember Borden moved and Councilmember Singer seconded to amend the geographic boundaries of the annexation request, authorize the City Clerk to sign an annexation document on behalf of approved preannexation agreements, and to instruct the Planning Department to prepare the necessary annexation petition for circulation. In response to a question from Councilmember Poe, Fire Chief Johnson reported that the City's fire response to the area is approximately four to five minutes. MOTION CARRIED UNANIMOUSLY. 7-0. Page 10 City of Auburn Council Meeting MimJt~-g April $, t99q Application Number PLT0003-98 03.5 PLT0003-98 City Council to consider the request of Terhune Construction for preliminary plat approval of a 11-1ot single family subdivision located in the 400 block on the south side of 12th Street SE. Councilmember Borden moved and Councilmember Singer seconded to approve the preliminary plat based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and to instruct the City Attorney to prepare the necessary resolution. Councilmember Lewis indicated he would abstain from voting on this matter due to appearance of fairness. Councilmember Wagner questioned the four exceptions to the street standards referred to by the Hearing Examiner under Item 4 of the Findings of Fact. Public Works Director Engler clarified that exception 1 under Item 4 of the Findings of Fact should read: "The radius of the intersection of the new cul-de-sac with 14th Street does not fully meet standards." When the plans are submitted for approval, the City Engineer will have the opportunity to approve and note the exceptions. MOTION CARRIED. 6-0. Councilmember Lewis abstained. Amendment of Ordinance No. 4689 03.10.1 cuP00Ol-93 City Council to consider the request of Northwest Racing Associates to amend Ordinance No. 4689 to allow motorcycle racing to occur at the Emerald Downs racetrack on an annual basis. Councilmember Borden moved and Councilmember Lewis seconded to amend Ordinance No. 4689 to allow motorcycle racing to occur at Emerald Downs racetrack as an annual event and instruct the City Attorney to prepare the necessary ordinance. Councilmember Wagner questioned whether the Planning Director would approve the conditions each year. Planning and Community Development Director Krauss indicated he assumed the event would be conducted under the same conditions each year and Page 11 City of Auburn Council Meetin~l Minutes April 5, 1~C~ would not come back to the Planning Director for review. Councilmember Wagner suggested that the Planning Director review the request each year. Councilmember Poe noted the City received one written complaint regarding the motorcycle event held last year. Councilmember Poe stated his preference for Council review of the request each year. Counciimember Poe moved and Councilmember Singer seconded to amend the motion to grant the request for the 1999 season under the same conditions granted in 1998. Councilmember Borden noted there were few problems with last year's event and expressed concern with the inconvenience to the applicant for a one-night event per year. Councilmember Singer spoke in favor of requiring the applicant to request City Council approval each year. Councilmember Lewis spoke in favor of approving the request for this year and reviewing conditions for possible approval in future years. City Attorney Reynolds cautioned the Council on approving the request as an on-going annual event, Councilmember Barber spoke in favor of requiring the applicant to request City Council approval each year. MOTION CARRIED UNANIMOUSLY. 7-0. THE MAIN MOTION, AS AMENDED, CARRIED UNANIMOUSLY. 7-0. Page 12 City of Auburn Council Meetin.q Minutes April 5, 1S~~, VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5219 A3.9.6 An Ordinance of the City Council of the City of Auburn, King County, Washington, approving the Collective Bargaining Agreement between the City and the Finance Clerical Employees, members of the Driver Sales and Warehouse Union Local 117, for 1999-2001. Councilmember Barber moved.and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5219. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5221 A4.1.4 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 3644, regarding the Deferred Compensation Plan for the City of Auburn. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5221. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions Resolution No. 3068 A3.17, O5.1 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 Lease Agreement for a resident caretaker at the City of Auburn Game Farm Park. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3068. MOTION CARRIED UNANIMOUSLY. 7-0. Page 13 City of Auburn Council Meetin,q Minutes April Resolution No. 3070 A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, granting a 30-foot southerly portion of City of Auburn water utility property adjacent to South 316th Street to provide right-of-way thereon for street purposes. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3070. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3072 O4.11.1 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 with Economic and Engineering Services, Inc., for engineering services related to City Project No. PR 629, Corrosion Control Facilities. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3072. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3073 o4.5.1.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk to execute a Pipe Line License Agreement between the Burlington Northern and Santa Fe Railway Company (BNSF) and the City of Auburn for the City to construct and maintain one twelve inch water pipeline under the BNSF Railroad tracks along 3rd Street SW and C Street SW. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3073. MOTION CARRIED UNANIMOUSLY. 7-0. Page 14 City of Auburn Council Meetin;] Minutes April $, 1999 VIII. MAYOR'S REPORT Public Disclosure Commission Reporting Forms Mayor Booth reminded City Councilmembers to submit their Public Disclosure Commission reporting forms by April 15, 1999. Executive Session Mayor Booth recessed the meeting at 9:03 PM for approximately fifteen minutes in order to discuss potential litigation. Mayor Booth indicated no action is anticipated following the executive session. Mayor Booth reconvened the meeting at 9:18 PM. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:18 PM. Approved on the /~ ~/~ day of ~ ,1999. Charles A. Booth, Mayor Danielle Daskam, City Clerk Page 15