HomeMy WebLinkAbout08-21-2000 CITY OF AUBURN
COUNCIL MEETING MINUTES
August 21, 2000 7:30 p.m.
I. CALL TO ORDER
A. Flag Salute
Mayor Charles A. Booth called the meeting to order at 7:30 PM and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
Mayor Booth and the following Councilmembers were present:
Rich Wagner, Jeanne Barber, Trish Borden, Sue Singer, Fred Poe,
Pete Lewis, and Stacey Brothers.
Staff members present included: Police Chief Jim Kelly, Parks and
Recreation Director Dick Deal, Planning and Community
Development Director Paul Krauss, Assistant Planning Director
Lynn Rued, Assistant Finance Director Shelley Colernan, City
Attorney Michael J. Reynolds, Fire Chief Bob Johnson, Personnel
Director Brenda Heineman, Public Works Director Christine Engler,
and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a) Hometown Hero Award
Mayor Booth presented Libby Dykstra with Auburn's
Hometown Hero Award in recognition of her unique
contributions to the Auburn community. Mayor Booth
spoke of Mrs. Dykstra's community involvement and
dedication to the community. Mrs. Dykstra's four
children as well as several of her friends were in
attendance.
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City of Auburn Council Meeting; Minutes Aunust 21, 2000
b) Proclamation
Mayor Booth read and presented a proclamation
honoring the Auburn Little League All Stars Team as
champions of the Washington State Little League for
nine and ten year olds. Members of the team include:
Ryne Briley, Kyle Buchanan, Titus Butcher, Taylor
Cuddle, Zack Gagnon, Josh Hudson, Carlo Lavoie,
Troy Neill, Garrett Rutledge, Travis Shreve, Justin
Southern, Scott Thorson, Sam Watkins, and Kyle
Wells. Manager Lynn Klemkow and coaches Terry
Shreve and Robert Neill were also recognized for
their contributions and commitment to the team.
c) Kids Day Salute Award
Mayor Booth presented Christina Cooley with the
Kids Day Salute Award in recognition of her
outstanding achievement in creativity and dance.
Miss Cooley has earned a full scholarship to the
Joffrey Ballet in New York City.
d) Initiative 695 Presentation by Hugh Spitzer of Foster,
Pepper & Shefelman
Mr. Hugh Spitzer of Foster Pepper & Shefelman
spoke on the status of Initiative 695 (1695) and the
City's proposed November 2000 ballot measures
regarding imposition of impact fees for transportation
and parks. At the request of Mayor Booth, Mr. Spitzer
presented an independent evaluation of the proposed
ballot measures in the context of 1695. Mr. Spitzer
explained that apart from 1695, the City of Auburn
does not have statutory authority to place on the
ballot a binding vote on impact fees. Auburn has not
opted for the powers of initiative and ref~;rendum
which would allow the placement of a binding
measure on the ballot. Under state law, the Council
does not have the ability to delegate the responsibility
for imposing impact fees. If 1695 were ultimately
upheld by the Courts, there might be authority to
submit the question of impact fees to the voters.
Without 1695, ballot issues are advisory, ~:~nd the
Council would need to adopt the fees.
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City of Auburn Council Meeting Minutes Au.oust 21, 2000
Mr. Spitzer advised that two sets of lawsuits have
been filed challenging 1695. The first lawsuit involves
a small number of jurisdictions and relatE;s only to
local improvement districts. The main lawsuit
involves a number of cities and utilities that have
challenged 1695 on several bases including
constitutional points. King County Superior Court
Judge AIsdorf found that 1695 is unconstitutional on a
number of points and entered an injunction on 1695.
Mr. Spitzer explained that placing the question of
impact fees on the ballot because of 1695, could be
interpreted as an act contrary to a judge's imposed
injunction. Mr. Spitzer also stated that it is unclear
whether the injunction effects entities that were not
parties to the lawsuit; however, the state is treating it
as though it does.
Mr. Spitzer recommended that, if the City wants to
proceed and put the impact fee questions on the
ballot, the City rewrite the measures and include a
statement that the ballot measure is advisory but if
1695 is upheld and if the Court lifts the injunction, the
advisory vote would become a formal bindring vote.
Mr. Spitzer also recommended the ballot rneasures
need to be rewritten to comply with new ballot title
requirements adopted earlier this year.
In response to questions from Councilmember
Brothers and Councilmember Lewis, Mr. Spitzer
advised that if the Council chooses to withdraw the
ballot measures from the November ballot, the
Council must act before the forty-five day deadline.
The Council could also enact the impact fees on the
reliance of the injunction. However, if 1695 is later
upheld, the City may be required to submit the
question of impact fees to the voters; and the fees
collected during the injunction may nee<i to be
refunded,
Mr. Spitzer speculated that a court decision on 1695
would be published in October 2000.
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City of Auburn Council Meeting Minutes August 2t, 2000
2. Appointments
There was no appointment for City Council considE;ration.
D. Agenda Modifications
There were no agenda modifications.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue.
Nancy Colson, 1214 "O" Street NE, Auburn, WA
Ms. Colson, president of the YMCA Board of Managers, spoke on
behalf of the YMCA with regard to Resolution No. 3256 appearing
later on this evening's agenda. She thanked the City Council for
their willingness to consider a partnership with the YMCA that could
lead to a YMCA/Auburn community center.
Kip Herren, Riverview Drive NE, Auburn, WA
Mr. Herren spoke in favor of a community center and a cooperative
effort between the City and the YMCA to achieve such a facility.
Christy Burr, 1522 22nd Street NE, Auburn, WA
Ms. Burr, spoke as a Board member of the YMCA. She thanked
the City Council for consideration of a community center project.
Mayor Booth .recognized YMCA Director David Ports in the
audience and commended Mr. Ports for his work with the YMCA.
Edward Biggins, Homer, Alaska and Surprise, Arizona
Mr. Biggins identified himself as the owner of property at 22 H
Street NW, which is currently zoned M2, Heavy Industrial. He
spoke regarding the City's proposed rezone of the propE:rty from
M2 to R4, as part of the Comprehensive Zoning Map Amendments
under Item V.A of the agenda. He described his property as
located across the street from the Burlington Northern Raih'oad and
half a block from Main Street. He indicated that locating financing
for property next to railroads for residential purposes is nearly
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City of Auburn Council Meeting Minutes Aui~ust 2t, 2000
impossible. He spoke in favor of the Planning Commission
recommendation to leave the properties along H Street NW zoned
as M2 (depicted in Zoning Change Area B10).
Marilyn Dollinger, 12 G Street NW,'Auburn, WA
Ms. Dollinger spoke regarding the proposed Comprehensive
Zoning Map changes under V.A of the agenda. She identified
herself as a homeowner along G Street NW. She spoke iin favor of
removing the M2 zoning to protect the current residents from
industrial encroachment. She spoke in favor of residential zoning
and indicated R/O zoning would be preferable to R4 zoning. Ms.
Dollinger also mentioned that truck traffic continues on G Street
NW, creating noise and causing damage to the street.
C. Correspondence
No correspondence was received for City Council review.
III. COUNCIL COMMITTEE REPORTS
A3.7.6
A. MuniciDal Services
Chair Singer reported the Municipal Services Committee met this
evening at 6:00. The Committee discussed airport lease
arrangements and code enforcement issues. The Committee also
received a presentation from the King County SexuaB Assault
Resource Center. The next regular meeting of the Municipal
Services Committee is scheduled for Tuesday, September 5, 2000
at 6:00 PM.
B. Planning & Community Development
Chair Borden reported the Planning and Community Dew,=lopment
Committee met August 14, 2000. The Committee reviewed the
proposed Zoning Map amendments, recommended Council
approval of Resolution No. 3256 conveying the City's interest in
partnering with the YMCA for a community center, and discussed
the AmeriCorps Program. The Committee reviewed and
recommended approval of Resolution No. 3244, a Clinic
Agreement with the Visiting Nurses, and Ordinance No. 5429,
accepting a King County Arts Commission grant. The next regular
meeting of the Planning and Community Development Committee
is scheduled for August 28, 2000.
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City of Auburn Council Meeting Minutes August 21, 2000
C. Public Works
Chair Wagner reported the Public Works Committee met August
14, 2000. The Committee discussed and recommended approval
of contract administration items and Ordinance Nos. 5427 and
5428 related to condemnation proceedings for the 277th Street
Project. The Committee also discussed the Preannexation
Agreement with Pierce County that relates to completing the Lake
Tapps Parkway. Chair Wagner reported the Committee will hold a
joint meeting with Water District 111 and Covington. The next
regular meeting of the Public Works Committee is sche:duled for
Monday, August 28, 2000 at 4:00 PM.
D. Finance
Chair Barber reported the Finance Committee met this evening at
6:30. The Committee reviewed and recommended approval of the
consent items, including claims and payroll vouchers and the call
for public hearing on the 2001 Preliminary Budget. The Committee
also discussed the public defense contract. The next regular
meeting of the Finance Committee is scheduled for Tuesday,
September 5, 2000 at 6:30 PM.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the August 7, 2000 regular City Council meeting.
2. City Council to amend the following meeting minutes to
correct scrivener's errors:
Amend page 8 of the October 4, 1999 minutes, item IV.D.1
to correct Project Number 9042 to read Project Number
9049.
Amend page 4 of the November 15, 1999 minutes, item
VI.C.2 to correct Project Number 9005 to read Project
Number 9009.
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City of Auburn Council Meeting Minutes Auf~ust 21, 2000
B. Vouchers
F4.9.2,F4.9.5
1, Claims
Claims check numbers 153691 through 154082 in the
amount of $2,565,322.22 for Period 8 and dated August 21,
2000.
2. Payroll
Payroll check numbers 259427 to 259652 in the amount of
$542,674.64 and electronic deposit transmissions in the
amount of $661,051.05 for a grand total of $1,203,725.69 for
the pay period covering August 3, 2000 to August 15, 2000.
C. Call for Public Hearing
1. 2001 Preliminary Budget
F3.14
City Council to call for a public hearing to be held on
September 5, 2000 to receive citizen comments and
suggestions for development of the 2001 Budget.
D. Contract Administration
1. Public Works Purchase Contract 00-21
04.11.1
City Council to award Purchase Contract 00-21 for the
purchase of a booster pump package to American Fire
Protection Company, Inc. for a purchase price of
$109,019.85 plus Washington State sales tax of $9,375.70
for a total price of $118,395.55.
2.' Amendment No. 1 to Agreement for Professional Services
with Roth Hill Engineer Partners, Inc.
A3.16.9
City Council to approve Amendment No. 1 to Agreement for
Professional Services No. AG-C-117 with Roth Hill
Engineering Partners, Inc.
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City of Auburn Council Meeting Minutes August 21, 2000
3. Public Works Project Number C9001
O4.8.1
City Council to approve Change Order No. 3 to Contract
Number 99-27 with CA Goodman in the amount of
$47,003.04 for work on Public Works Project Number
C9001, Central Storm Drainage Phase 1F.
Councilmember Barber moved and Councilmember Wagner
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
V. UNFINISHED BUSINESS
A. Application No. ZOA00-0005
03.4.2.2
On August 7, 2000, the Council tabled consideration of the
following proposed amendments to the Comprehensive Zoning
Map until this evening's meeting.
Exhibit BI: Request to rezone City Water Utility holdings from R1,
Single Family Residential to PI, Public Use. ,[located on
the west side 132"d Avenue SE, approximately 370-feet
south of the SE 304t" Street/132"d Avenue SE
intersection).
Exhibit B2 Request to rezone Olson Canyon Park from R1, Single
Family Residential to LHP1, Lea Hill Public: Use and
rezone the Auburn Golf Course from P1, Public Use to
LHP1, Lea Hill Public Use. (located east of the Green
River from SE 281"t Street to SE 304~ Street).
Exhibit B3 Request to rezone City Storm Utility holdings from R2,
Single Family Residential to P1, Public Use. (:located at
the 3400 block of '1" Street NE, west of the Green River,
east of "Bye The Green" condominiums).
Exhibit B4 Request to rezone Lakeland Hills Park from R2, Single
family Residential to P1, Public Use. (located at the 1500
block Evergreen Way SE).
Exhibit B5 Request to rezone from UNC, Unclassified Use to R2,
Single Family Residential to align zoning designation with
current alignment of Lakeland Hills Way and z~7th Street
SE. (Lakeland Hills Way from 47th Street SE to 53~
Street SE).
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City of Auburn Council Meeting Minutes Auuust 21, 2000
Exhibit B6 Request to rezone from UNC, Unclassi~ed Use to R1,
Single Family Residential. (located immediately east of
Lakeland Hills Division 8, 9 and 10)
Exhibit B7 Request to rezone contiguous airport property from M1,
Light Industrial to LF, Airport Landing Field. (located west
of existing airport, south of Valley Centre Corporate
Park).
Exhibit B8 Request to rezone from R1, Single Family Residential to
I, Institutional (Thomas Academy), C3, Heavy
Commercial (proximate to Auburn Way North) and M1,
Light Industrial (remaining area). (located east of "B"
Street NW, west of Auburn Way North and south of
South 277t" Street)
Exhibit B9 Request to rezone from CN, Neighborhood ,Commercial
and R4, Multiple Family Residential to C1, Light
Commercial and R3, Duplex Residential (as indicated)
(located at the 3300 block of Auburn Way South)
ExhibitB10 Request to rezone from M2, Heavy Industrial to R4,
Multiple Family Residential. (located one block north of
West Main Street, from "F" Street NW to "H" Street NW).
Councilmember Borden moved to approve the Comprehensive Zoning
Map amendments summarized in the agenda bill and instruct the City
Attorney to prepare the necessary ordinance.
Councilmember Borden noted that the Planning and Community
Development Committee recommended changes to Zoning Change Areas
B9 and B10. For Zoning Change Area Bg, the Committee recommended
to rezone the property C1 down to the alignment with the adjacent R3
district. On B10, the Committee recommended that the zoning change
should be to R4 with the recommendation that entire area be referred to
the Planning Commission for Comprehensive Plan designation changes
to R/O.
Councilmember Singer seconded the motion.
Councilmember Lewis objected to the recommended zoning change from
M2 to R4 for Zoning Change Area B10. He spoke in favor of removing
Zoning Change Area B10 from the agenda and schedule the
Comprehensive Plan and Zoning changes later.
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City of Auburn Council Meeting Minutes Auqust 21, 2000
Councilmember Lewis moved and Councilmember Poe seconded to
amend the motion to strike Zoning Area Change B10.
Councilmember Borden spoke in favor of the original motion to ensure
that industrial development does not occur in Zoning Change Area B10
before the Comprehensive Plan designation can be changed.
Councilmember Poe spoke in favor of retaining the industrial zoning for
the properties along H Street NW depicted in Zoning Change ,Area B10.
He suggested that the proposal deserves more study and more input from
the property owners.
Assistant Planning Director advised that open houses and staff workshops
with the neighborhood residents for Zoning Change Area B10 regarding
proposed Comprehensive Plan changes are expected next month with a
recommendation to the Planning Commission by October. It is anticipated
that Council will receive the recommended Comprehensive Plan
amendments in November with Plan adoption in December. The earliest
date a zoning change could be effected is February 2001.
Councilmember Wagner spoke in favor of the motion to delete Zoning
Change Area B10 from the Comprehensive Zoning Map amendrnents.
MOTION CARRIED. 6-1. Councilmember Borden voted no.
THE MAIN MOTION, AS AMENDED, CARRIED UNANIMOUSLY. 7-0.
VI. NEW BUSINESS
There was no item under this section for City Council review.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 5427
A3.13.4, O4.9.1 PR 562
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing 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
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City of Auburn Council Meeting Minutes Auqust 21, 2000
acquisition of such property and property rights designated
as the southernmost 30 feet of this property, this area
comprising a part of the north half of 42nd Street NW right-
of-way. The subject property address is 4220 "B" Street NW,
Tax Parcel Number 936000-0090.
Councilmember Wagner moved and Councilmember Poe
seconded to introduce and adopt Ordinance No. 5427.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No. 5428
A3.13.4, O4.9.1 PR 562
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing 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 he prosecution thereof for the
acquisition of such property and property rights designated
at 8111 South 277th Street, Tax Parcel Number 429720-
0005.
Councilmember Wagner moved and Councilmernber Poe
seconded to introduce and adopt Ordinance No. 5428.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Ordinance No. 5429
F5.3
An Ordinance of the City Council of the City of Auburn,
Washington, approving acceptance of King County Arts
Commission appropriation and expenditure of grant funds in
the amount of Twelve Thousand and No/100 Dollars
($12,000), and authorizing the Mayor to execute Contract
No. D28695D.
Councilmember Borden moved and Councilmemer Singer
seconded to introduce and adopt Ordinance No. 5429.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetinn Minutes Autnust 21, 2000
B. Resolutions
1. Resolution No. 3244
04.4.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Clinic Agreement with Visiting Nurse Services of the
Northwest, a non-profit corporation, to provide nursing clinics
at the Auburn Senior Activity Center.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3244.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 3247
04.5.5
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn, to the execution of a Pipeline Crossing
Agreement between the City and Union Pacific Railroad
Company.
Councilmember Wagner moved and Councilmernber Poe
seconded to adopt Resolution No. 3247.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 3255
o4.6.1
A Resolution of the City of Auburn, King County,
Washington, acknowledging King County's efforts and
endorsing their Inflow and Infiltration Control Prograrn.
Councilmember Wagner moved and Councilmember Poe
seconded to adopt Resolution No. 3255.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetin~l Minutes August 21, 2000
4. Resolution No. 3256
O4.4.13
A Resolution of the City of Auburn, Washington, authorizing
the Mayor and City Clerk of the City of Auburn, to pursue
discussions with regard to becoming financial partners to
construct an Auburn Community Center/YMCA.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3256.
Councilmember Brothers advised that he has been a
supporter of an Auburn Community Center for the past
fifteen years and has been a member of the YMCA for
approximately forty years. He spoke in favor of tJhe YMCA
using private donations rather than public funds to construct
an Auburn Community Center.
MOTION CARRIED. 6-1. Councilmember Brothers voted
no.
VIII. MAYOR'S REPORT
A. Endangered Species Act (ESA) - WRIA
Mayor Booth advised that he would be forwarding inforrnation to
the Councilmembers on the proposed intergovernmental
agreement to support the Water Resource Inventory Area (WRIA)
study group.
B. Executive Session
Mayor Booth recessed the meeting to executive session at 8:35
PM in order to discuss real estate and litigation matters.
Mayor Booth reconvened the meeting at 8:55 PM.
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City of Auburn Council Meeting Minutes Au.~ust 21, 2000
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:55 PM.
Approved on the ~ day of _~ ,2000.
k C
Charles A. Booth, Mayor rk
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