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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. Page I 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. Page 2 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. Page 3 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 Page 4 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. Page 5 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. Page 6 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. Page 7 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). Page 8 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. Page 9 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 Page 10 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. Page 11 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. Page 12 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. Page 13 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 Page 14