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