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HomeMy WebLinkAbout03-05-2001 CITY OF AUBURN COUNCIL MEETING MINUTES March 5, 2001 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor 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, Fred Poe, Pete Lewis and Stacey Brothers. Councilmember Sue Singer was excused. Staff members present included: Planning and Community Development Director Paul Krauss, Public Works Director Christine Engler, Project Engineer Scott Nutter, Finance Director Diane L. Supler, Assistant Finance Director Shelley Coleman, Police Chief Jim Kelly, Fire Chief Bob Johnson, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There were no announcements. 2. Appointments There was no appointment for City Council consideration. D. Agenda Modifications Agenda modifications included transmittal of the Hearing Examiner's decision for Application Nos. REZ00-0008 and CUP01- 0002 under Items VI.A and VI.B of these minutes, the transmittal of Exhibit A to Resolution No. 3324 transmitted under Item VII.B.1 Page '1 City of Auburn Council Meeting Minutes March 5, 2001 of these minutes, and the addition of Resolution No. 3335 transmitted under Item VII.B.5 of these minutes. 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. Alan Keimig, 216 A Street NW, Auburn, WA Mr. Keimig requested the Council consider interim rezone from C-3 to C-2 for the property located at 602 West Main Street. Mr. Keimig explained that his redevelopment project at 602 West Main Street attempted to utilize two walls of the previous structure. However, because of damage caused by the February 28, 2001 earthquake, the walls cannot be saved. The interim zoning will allow the project to continue with the same setbacks as before. He noted that the proposed Downtown Plan calls for the area to be rezoned to C-2. Planning and Community Development Director Krauss advised that he and Mr. Keimig have already discussed his request, and Mr. Krauss anticipates bringing a proposal for interim C-2 zoning for the next Council meeting. Brian Love, 38 East Main Street, Auburn, WA Mr. Love spoke in favor of installing a four-way stop at 1st Street and North Division Street during closure of West Main Street. He described the difficulty for pedestrians crossing at 1st and North Division because of the detoured traffic. Public Works Engler explained that West Main Street is temporarily closed due to earthquake damage to adjacent buildings. Staff anticipates resolution of the closure within about a week. Linda DiRienzo, ACAP Child and Family Services Ms. DiRienzo inquired whether the City had hired a consultant to study the City's options for a community center. Mayor Booth responded that the process is underway to select a citizens committee and hire a consultant. Page 2 City of Auburn Council Meetin_q Minutes March 5, 2001 C. Correspondence No correspondence was received for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met at 4:00 PM. The Committee discussed and recommended approval of the solid waste and decant facility bid award and discussed a draft for a proposed brokerage lease for parking garage retail space. The Committee also discussed the draft solid waste contract and other solid waste issues, which will be discussed at tomorrow's special City Council meeting. The next regular meeting of the Municipal Services Committee is scheduled for March 19, 2001 at 5:00. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met February 26, 2001. The Committee reviewed and recommended approval of a change order for the White River Trail Project. The Committee discussed the Downtown Plan and panhandle lot access and private access tracts. The Committee also discussed a request from the developer of the Mill Pond Apartments regarding the City's Consolidated Plan. The next regular meeting of the Planning and Community Development Committee is scheduled for March 12, 2001 at 6:30 PM. C. Public Works Chair Wagner reported the Public Works Committee met February 26, 2001 at 4:30 PM. 'The Committee reviewed and recommended approval of contract administration items and Resolution No. 3330 relating to the Thomas Nelson farm and the 277th Street Project. The Committee reprioritized storm drainage capital improvement criteria. The Committee discussed the potential acquisition of the Campbell parcel in west Auburn as part of a storm drainage facility. The next regular meeting of the Public Works Committee is scheduled for March 12, 2001 at 4:30 PM. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00. The Committee reviewed and recommended approval of claims and payroll vouchers, surplus property, Resolution No. Page 3 City of Auburn Council Meeting Minutes March 5, 2001 3334, and Resolution No. 3335. The Committee also reviewed the City's Intranet. Chair Barber announced that this evening's Finance Committee meeting was the last for Finance Director Supler. Ms. Supler has accepted a position with the City of Tacoma. Chair Barber thanked Ms. Supler for her service to the City. Mayor Booth announced that Assistant Finance Director Shelley Coleman will be Acting Finance Director. The next regular meeting of the Finance Committee is scheduled for March 19, 2001 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the February 20, 2001 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 159491 through 159781 in the amount of $1,362,553.56 for Period 15 and dated March 5, 2001. 2. Payroll Payroll check numbers 261994 to 262158 in the amount of $332,861.90 and electronic deposit transmissions in the amount of $694,987.57 for a grand total of $1,027,849.47 for the pay period covering February 16, 2001 to February 28, 2001. C. Contract Administration 1. Public Works Project Number C9047 05.2 c9047 City Council to approve Contract Change Order No, 7 to Glacier Construction and Equipment Company in the amount of $1,234.00 for Contract Number 99-20, Project Number C9047, White River Trail Extension. Page 4 City of Auburn Council Meetinn Minutes March 5, 2001 2. Public Works Project Number PR 606 04.6.3 PR 606 City Council to grant permission to advertise for bids for Public Works Project Number PR 606, Sanitary Sewer Extensions. 3. Public Works Project Number C9053 O4.10.2 c9053 City Council to grant permission to advertise for bids for Public Works Project Number C9053, "A" Street SW and 2nd Street SW Traffic Signal. 4. Public Works Project Number C0005 04.7.9 C0005 City Council award Contract No. 00-18, Project Number C0005, Street Waste Solids Handling and Decant Facility to Skaar Construction Inc., on their low bid of $274,000.00 plus Washington State sales tax of $23,564.00 for a total contract price of $297,564.00. 5. Small Works Project Number C0007 04.9.1 c0007 City Council to grant permission to renew Small Works Contract 00-11, Project Number C0007, Channelization Program, with Stripe Rite, Inc., for the amount of $45,269.64. 6. Amendment to Professional Services Agreement with Curran Mendoza A3.16.9, O4.9.1 PR 562, A3.12.5 City Council to approve Amendment No. 1 to Professional Services Agreement (AG-C-82) with Curran Mendoza, Attorneys at Law for work related to the South 277th Street Reconstruction Project, PR 562. Page 5 City of Auburn Council Meetinn Minutes March 5, 200t D. Surplus Property F4.6.1 1. Police Department City Council to authorize the surplus and disposal of the following described property: Xerox Fax Machine, City Number 0012100004 Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS A. Ordinance No. 5460 03.1 ANX00-0004, 03.4.2.2 ZOA00-0010 An Ordinance of the City Council of the City of Auburn, King County, Washington, amending the City of Auburn Comprehensive Zoning Map to apply the newly created Lea Hill (LH) District designations to the Holt/Cobble Creek area of the Lea Hill Potential Annexation Area in anticipation of annexing that area. City Council tabled Ordinance No. 5460 on February 20, 2001. Councilmember Borden moved and Councilmember Poe seconded to refer Ordinance Nos. 5460, 5491 and 5515 to the Planning and Community Development Committee for further evaluation. MOTION CARRIED UNANIMOUSLY. 6-0. B. Ordinance No. 5491 03.1 ANX00-0003, 03.4.2.2 ZOA00-0009 An Ordinance of the City Council of the City of Auburn, Washington, amending the City of Auburn Comprehensive Zoning Map to apply the newly created Lea Hill (LH) District designations to the Miller Annexation area in anticipation of annexing that area. City Council tabled Ordinance No. 5491 on February 20, 2001. See Item V.A of these minutes for action on Ordinance No. 5491. Page 6 City of Auburn Council Meetinn Minutes March 5, 2001 C. Ordinance No. 5515 o3.1 ANX00-0003 An Ordinance of the City of Auburn, Washington, annexing to the city a 201 acre parcel of land known as the Miller annexation area located in King County and adjacent to the City of Auburn city limits. City Council tabled Ordinance No. 5515 on February 20, 2001. See Item V.A of these minutes for action on Ordinance No. 5515. VI. NEW BUSINESS A. Application Number REZ00-0008 03.8 REZ00-0008 City Council to consider the request of Pat Gustaves to rezone property located at 526 "M" Street NE from R-2, Single Family, to R-O, Residential Office. Planning and Community Development Director Krauss explained that the applicant has requested that his property be rezoned from R-2, Single Family, to R-0, Residential Office. The property currently contains a single family home. The request is consistent with the Comprehensive Plan, and staff recommends approval of the request. Mr. Krauss noted that two residents raised questions about off-street parking conditions. Staff believes the off-street parking issues in the vicinity of the property stem from a nearby dental office. The applicant will provide adequate on-site parking for his property. The Hearing Examiner recommends the City Council approve the request without conditions. Councilmember Borden moved and Councilmember Poe seconded to approve the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions, and Conditions; and instruct the City Attorney to prepare the necessary ordinance. In response to a question from Councilmember Poe, Planning and Community Development Director Krauss elaborated on the parking issues in the vicinity of the property. He noted that current parking issues are not connected with Mr. Gustayes' request. MOTION CARRIED UNANIMOUSLY. 6-0. Page 7 City of Auburn Council Meetin,el Minutes March 5, 2001 B. Application Number CUP01-0002 03.1o.1 cuP01-0002 City Council to consider the request of Carol Livingston for a conditional use permit to allow a day care center in an R-2 zone located at 832 - 21 st Street SE. Councilmember Borden moved and Councilmember Poe seconded to approve the Conditional Use Permit-based on the Hearing Examiner's Findings of Fact, Conclusions, and Conditions; and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 6-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5492 ol .2 An Ordinance of the City Council of the City of Auburn, Washington, repealing Auburn City Code Section 10.36.190 entitled "Parking in Residential Districts - Maximum Vehicle Size," Auburn City Code Section 10.36.275 entitled "Prohibited Parking of Semitrailers and Trailers," Auburn City Code Section 10.36.276 entitled "Authority to Impound," Auburn City Code Section 10.36.277 entitled "Violation- Penalty," and adopting a new City Code Section 10.36.190 entitled "Parking of Semitrailers, Truck Tractors, Trailers, Boats, Camping Trailers and Motorhomes on a Public Roadway or Public Right of Way, including all residential districts within the city of Auburn." Councilmember Poe moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5492. MOTION CARRIED UNANIMOUSLY. 6-0. Page 8 City of Auburn Council Meetin_ci Minutes March 5, 2001 2. Ordinance No. 5493 O1.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Section 10.36.360 entitled "Violation - Penalty" by adding Auburn City Code Section 10.36.190 for which a penalty under Section 10.36.360 can be applied. Councilmember Poe moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5493. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 3324 O4.6.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn and Lakehaven Utility District for the purpose of providing sewer service to the Peasley Ridge Development Project. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3324. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 3326 O1.10 A Resolution of the City Council of the City of Auburn, Washington, repealing Resolutions 3238 and 3297 and authorizing the Mayor and City Clerk to enter into an Interlocal Cooperative Agreement between the City of Auburn and the cities of Kent, Renton, and Tukwila for the establishment and maintenance of a combined regional Valley Special Response Team. Councilmember Poe moved and Councilmember Wagner seconded to adopt Resolution No. 3326. Page 9 City of Auburn Council Meetin,cl Minutes March 5, 2001 MOTION CARRIED UNANIMOUSLY. 6-0. 3. Resolution No. 3330 04.9.1 PR 562 A Resolution of the City Council of the City of Auburn, Washington, amending Resolution No. 3071 by authorizing the Mayor and City Clerk to execute an amended Memorandum of Agreement between the City of Auburn, King County Office of Cultural Resources, Washington State Department of Transportation, Washington State Historic Preservation Officer, and the Federal Highway Administration regarding the adverse effect and mitigation measures of the South 277th Street Reconstruction Project. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3330. In response to questions from Councilmember Brothers, Project Engineer Scott Nutter responded that the intent of the change in the Memorandum of Agreement is to keep the project going on its current schedule. Mr. Nutter stated the City has encountered difficulty with the property owner for relocation of the house. The City will set aside funds to guarantee the City will abide by the original Agreement. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 3334 A2.5.4.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Telephone Services between the City of Auburn and Quest Business and Government Services for the purpose of maintaining the City's telephone system. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3334. MOTION CARRIED UNANIMOUSLY. 6-0. Page 10 City of Auburn Council Meetin_q Minutes March 5, 2001 5. Resolution No. 3335 O4.4.13 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to implement a citizens committee and retain an outside consultant to study with regard to becoming financial partners with the Auburn YMCA to construct an Auburn Community/Center YMCA. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3335. Councilmember Brothers indicated the resolution language is too specific and suggested additional language should be incorporated in the Resolution to broaden its focus. Councilmember Brothers moved and Councilmember Barber seconded to amend line 2 of the third paragraph located on page 1 of the Resolution to read: " formulate recommendations to the City Council related to the potontial for such an c~groomont suitability of a YMCNAuburn Community Center, as well as other proposals for the development of an Auburn Community Center." Councilmember Poe explained the intent is to hire a consultant to address the Community Center issue and hire another consultant to study the master plan for Les Cove Park. Councilmember Borden spoke in favor of the original resolution, which is to illustrate to the YMCA that the City intends to seriously consider a partnership with the YMCA for a community center. MOTION TO AMEND CARRIED UNANIMOUSLY. 6-0. MOTION TO ADOPT RESOLUTION NO. 3335, AS AMENDED, CARRIED UNANIMOUSLY. 6-0. Page 11 City of Auburn Council Meetinn Minutes March 5, 2001 VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 8:15 PM in order to discuss potential litigation on three separate items. The executive session is anticipated to last approximately one hour and twenty minutes. No action is anticipated following the executive session. Mayor Booth reconvened the meeting at 8:46 PM. B. Endangered Species Act Mr. Thomas Pors of the law firm of Foster Pepper and Shefelman presented the Council with information regarding the Endangered Species Act (ESA) and avoidance of litigation risks for municipalities. The City of Auburn is located in Water Resource Inventory Area (WRIA) 9, the Duwamish-Green Basin, and WRIA 10, the Puyallup- White Basin. Water withdrawals for the City's utility can influence the streams and can affect habitat for Chinook salmon and Bull Trout in both river systems. Both species have been listed as threatened. Mr. Pors spoke regarding the "take" prohibition under the ESA and how courts have interpreted "takes". The National Marine and Fisheries Services (NMFS) issued its 4(d) Rule effective January 8, 2001 in the Puget Sound basin. The rule applies the "take" prohibition to the Chinook salmon, a threatened species. The rule extends the same level of protection to threatened species as would otherwise exist for endangered species. The 4(d) Rule includes guidance on activities that the NMFS considers could be or would likely result in a "take" of the listed species. Among the activities are included: discharge of pollutants, removing water or altering stream flow, constructing or operating dams or water diversion structures, constructing, maintaining or using inadequate bridges, roads or trails on stream banks or unstable hill slopes adjacent to or above listed species habitat, earth moving or other activities which result in increased sediment input into streams, conducting land use activities, altering Page 12 City of Auburn Council Meetinn Minutes March 5, 2001 lands or waters in a manner that promotes unusual concentrations of predators, filling or isolating side channels, ponds, and intermittent waters. The 4(d) Rule also contains certain exemptions or limits from the take prohibition. The most relevant is the Municipal Residential, Commercial, and Industrial Development (MRCI) limit. In order to obtain approval from NMFS under MRCI, a local agency must meet twelve factors. Mr. Pors stated that he is unaware of any local government in King County that is actively pursuing a program that would comply with the twelve factors and obtain an exemption. Mr. Pors explained that the Act makes it illegal to kill, trap, injure, harm, harass, pursue, shoot, wound, capture, collect, hunt or attempt to engage in any such conduct with respect to the species. The regulations issued by NMFS expand the definition of "harm" to include adverse modifications to habitat for a species. The US Supreme Court found that the habitat modification activity must result in clear evidence that individual members of the species were being injured or killed as a result of the activity in order to constitute an illegal take. Mr. Pors spoke regarding potential liability to municipalities. He pointed to the Loggerhead Turtle and Strahan cases for the types of activities that resulted in state and local liability. He also pointed out that the Tenth Amendment to the US Constitution reserves all powers, not specifically granted to the federal government, to the state. The Amendment has been interpreted to mean state and local governments cannot be forced to implement federally regulated programs. If the actions of the NMFS are resulting in the City having to implement a federal program, then the Tenth Amendment could create some insulation from liability. Another potential limit on municipal liability is under sovereign immunity and the Eleventh Amendment. Mr. Pors stated the City should be taking steps to examine its regulatory and proprietary functions and identify areas where there are risks of enforcement or citizen suits. Auburn should be comparing its programs and how they protect habitat to what other local governments are doing in the region, and identify any gaps between the standard regulation. Regulatory areas of focus are the City's Comprehensive Plan Policies, including SEPA policies Page 13 City of Auburn Council Meetin_el Minutes March 5, 2001 and practices, critical areas regulations, shoreline regulations, stormwater regulations, and the floodplain ordinance. Proprietary areas of focus include the City's road maintenance program, stormwater facilities maintenance, capital improvement project lists, comprehensive water and sewer system plans, and park and recreation management practices. Mr. Pors discussed possible response strategies. He recommended the City identify and deal with the highest risk and the most visible problems. Then prioritize the risks, determine which are acceptable and which might be transferable to someone else. After having identified the risks, the City must determine the costs of reducing or eliminating the risks, identify any potential for cost recovery, and assess any ongoing costs of compliance. At the same time, the City could discover a need for additional regulatory programs in order to ensure that private activity in the city does not incur a municipal liability. The City could also develop its own defensive science strategy and an environmental stewardship for protecting the species. Part of the response strategy also includes taking steps to evaluate public preferences including public education and involvement in the process. Mr. Pors discussed various mechanisms for implementing a response strategy including implementation of a Due Diligence Plan, participation in WRIA and salmon recovery planning, and pursuing coverage under 4(d) limits, ESA Section 7 Consultations, and ESA Section 10. Mr. Pors concluded his remarks by briefly reviewing the legal obligations to comply with the Act and measures to follow to avoid liability risks under the ESA and 4(d) Rule. Mayor Booth inquired regarding the implications of diked rivers in the city. Mr. Pors stated that maintenance of dikes is a federal permitting activity. Dike maintenance projects are subject to Section 7 Consultations, and are projects that need to be planned in advance and include well executed biological evaluations of the project. In response to a question from Councilmember Brothers regarding river dredging, Mr. Pors explained that dredging is an activity regulated under the Clean Water Act by the Corps of Engineers and would be followed by a Section 7 Consultation. Page 14 City of Auburn Council Meetinn Minutes March 5, 2001 Planning and Community Development Director Krauss spoke briefly regarding the City's efforts to implement a Due Diligence Program. Councilmember Wagner inquired regarding the monetary penalties for noncompliance. Mr. Pors reported the Act provides for criminal and civil penalties. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 9:40 PM. Approvedonthe/9~::~/' dayof~]/~~ .2001. Charles A. Booth, Mayor Page 15