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HomeMy WebLinkAbout03-19-2001 CITY OF AUBURN COUNCIL MEETING MINUTES March 19, 2001 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Charles A. Booth called the meeting to order at 7:30 PM in the Council Chambers located at Auburn City Hall, 25 West Main Street, Auburn, Washington. B. Roll Call Mayor Booth and the following Councilmembers were present: Rich Wagner, Trish Borden, Sue Singer, Pete Lewis and Stacey Brothers. Councilmembers Jeanne Barber and Fred Poe were excused. Staff members present included: Acting Finance Director Shelley Coleman, Public Works Director Christine Engler, Storm Drainage Engineer Tim Carlaw, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Principal Planner David Osaki, City Attorney Michael J. Reynolds, Personnel Director Brenda Heineman, Parks and Receation Director Dick Deal, Fire Chief Bob Johnson, Police Chief Jim Kelly and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation- Absolutely Incredible Kid Day Mayor Booth presented a proclamation declaring March 15, 2001, as Absolutely Incredible Kid Day in the city of Auburn to members of the Camp Fire Boys and Girls Club. Page t City of Auburn Council Meetin.Q Minutes March 19, 2001 2. Appointments There was no appointment for City Council consideration. D. Agenda Modifications The Hearing Examiner's decision regarding Application Number PLT00-0010 was transmitted as an agenda modification under Item VI.A of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Moratorium Issued February 20, 2001 04.8 Ordinance No. 5518, adopted February 20, 2001, established a six-month moratorium on the filing of building and grading permit applications in the drainage area bounded by SR 18 to the south, 15th Street NW to the North, Union Pacific Railroad to the East, and SR 167 to the west. RCW 36.70A.390 requires the Council to conduct a public hearing on this moratorium within sixty days from the effective date of the moratorium. City Attorney Reynolds presented the staff report regarding the moratorium established by Ordinance No. 5518. Mr. Reynolds explained that the moratorium was established based upon information provided to the City which indicated there was a significant problem with storm water drainage in the affected area. He noted that Mill Creek is at a nearly overflow level compared to the Green River which is at a low level. He also reported that the City was notified by property owners a short time ago that delineation of their properties have changed whereby more of their property is now wetland. In addition, City property, which was once delineated as upland, is now wetland. Because more time is needed to study the cause and a possible solution to the storm drainage problem, the moratorium was recommended and Ordinance No. 5518 was adopted to effect the moratorium. The public hearing this evening will allow an opportunity for the public to comment on the moratorium. After the hearing, City Council has the ability to either repeal the Ordinance, modify the Ordinance, or send the Ordinance Page 2 City of Auburn Council Meetin.el Minutes March 19, 2001 back to Committee for further and more detailed review on how to address the storm drainage problem. City Attorney Reynolds displayed a 1995 aerial photograph of the affected area. He pointed out properties which were dry in 1995 and are now reported as wetland. City Attorney Reynolds also explained the moratorium enactment process and state vesting law. City Attorney Reynolds suggested that if the City Council desires to continue the moratorium, the Council consider adding a moratorium on platting in addition to building and grading permits. In response to a question from Councilmember Brothers, City Attorney Reynolds explained that a plat is in process in the affected area. The moratorium would not affect the plat in process, but would affect future plats. The dilemma with the plat in process now is that the engineering solution to the drainage problem is unknown at this time. City Attorney Reynolds reported that he spoke with the developer whose plat is in process. Mr. Reynolds recommended that if the City Council keeps the moratorium in effect and take the issue back to Committee to study a possible solution, the City refund the platting fees until a resolution is determined. Mayor Booth opened the public hearing. Roger Campbell, 415 Western Street NW, Auburn, WA Mr. Campbell indicated he is the owner of property legally described as Lots 1 and 2 of Lunns Garden Tract in Auburn. He reported that his property is covered by water a majority of the time. Although this winter has been a dry season, his property is inundated with over one foot of water with no way to remove it. Mr. Campbell spoke against the moratorium, as he wants the ability to sell his property. Jim Geppert, 220 Clay Street NW, Auburn, WA Mr. Geppert indicated has been a homeowner at 220 Clay Street NW for approximately eight years. He reported that recently he pursued replacing his 1935 garage, but found that because the moratorium is in place, a building permit Page 3 City of Auburn Council Meetinc~ Minutes March 19, 2001 could not be issued for the new garage. City Attorney Reynolds responded that staff reviewed Mr. Geppert's situation this afternoon. Mr. Reynolds pointed out that the Ordinance provides a moratorium on building permits which would result in an increase in impervious surface. If Mr. Geppert is replacing a garage and not increasing the impervious surface, a building permit can be issued. Councilmember Wagner moved and Councilmember Lewis seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 5-0. Councilmember Wagner moved and Councilmember Lewis seconded to return the issue to the Public Works Committee meeting of March 26, 2001 at 4:30 PM to explore possible modifications to the Ordinance Councilmember Borden suggested the Committee study the possible exemption of residential or minimum sized properties from the moratorium. MOTION CARRIED UNANIMOUSLY. 5-0. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Mayor Booth acknowledged members of Boy Scout Troop 340 and members of the Order of Demolay in attendance this evening. Howard Macomber, 606 120th Avenue NE, Ste 204, Bellevue, WA Mr. Macomber spoke on behalf of Terry Potter, owner of the earthquake-damaged building located at 122 West Main Street in Auburn. Mr. Macomber stated that he has received tremendous cooperation and support from City staff following the earthquake of February 28, 2001. He requested the City proceed with condemnation of the property, which would then be eligible for FEMA funding assistance. City Attorney Reynolds reported that Building Division staff have prepared the necessary paperwork for condemnation, and Mr. Macomber can obtain the documentation from the Building Division tomorrow. Page 4 City of Auburn Council Meetin,cl Minutes March 19, 2001 C. Correspondence No correspondence was received for Council review. II1. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Vice Chair Wagner reported the Municipal Services Committee met this evening at 5:00 PM. The Committee discussed AT&T's cable franchise and performance, a potential leash law, and a number of contract items. The next regular meeting of the Municipal Services Committee is scheduled for April 2, 2001 at 5:00 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met March 12, 2001. The Committee discussed interim C-2 zoning and a new senior center policy to allow alcohol to be served at certain functions. The Committee also discussed the proposed Downtown Plan and highlighted several areas of the Plan for discussion at a special study session meeting of the City Council, The areas of focus are: the Urban Center designation, a more pedestrian friendly Auburn Way, downtown gateways, implementing strategies for historical preservation, the minimum height requirement, lowering the LOS and traffic impact fees for downtown, transit routes, and the R-4 designation in downtown. The Committee also received an update on the proposed community center. The next regular meeting of the Planning and Community Development Committee is scheduled for March 26, 2001 at 6:30 PM. C. Public Works Councilmember Wagner reported the Public Works Committee met March 12, 2001. The Committee discussed contract administration items, and Chair Wagner requested the Council remove Public Works Project Number PR 629 from the Consent Agenda and discuss the item separately. The Committee also discussed property condemnation and traffic impact fees. Chiar Wagner also commended the City's Transportation Division, including Joe Welsh, Angela Wingate and Dave Burdick, for their efforts in procuring state grant funds for safety improvements for Highway 164 and assisted the City of Pacific in obtaining funding for the Lakeland Hills area traffic signal. The next regular meeting Page 5 Citv of Auburn Council Meetin,cl Minutes March 19, 200t of the Public Works Committee is scheduled for March 26, 2001 at 4:30 PM. D. Finance Vice Chair Lewis reported the Finance Committee met this evening at 6:30. The Committee reviewed and recommended approval of consent items and Ordinance No. 5525 with option A-1. The Committee also discussed contingency funding for public works projects. The next regular meeting of the Finance Committee is scheduled for April 2, 2001 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the March 5, 2001 regular City Council meeting. 2. Minutes of the March 5, 2001 special City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 159786 through 160222 in the amount of $3,375,268.54 for Period 16 and dated March 19, 2001; and wire transfers in the amount of $1,166,651.61. 2. Payroll Payroll check numbers 262159 to 262319 in the amount of $529,831.63 and electronic deposit transmissions in the amount of $691,710.77 for a grand total of $1,221,542.40 for the pay period covering March 1, 2001 to March 13, 2001. C. Contract Administration 1. Public Works Project Number PR 529 O4.9.1 PR 529 City Council to approve Contract Change Orders 9, 10, and 14 in the total amount of $142,459.00 to Contract No. 99-01 with Robison Construction Inc. (RCI) for work on Project PR 529, 3rd Street SW Grade Separation. Page 6 City of Auburn Council MeetinR Minutes March 19, 2001 2. Public Works Project Number PR 629 04.11.1 PR 629 City Council to award Contract No. 01-04, Project Number PR 629, Coal Creek Springs and Fulmer Field Corrosion Control Treatment Facilities, to IMCO General Construction on their low bid of $5,019,063.16 plus Washington State sales tax of $431,639.43 for a total contract price of $5,450,702.59 and grant the Public Works Director the budget authority to manage critical path construction issues within a five percent construction contract contingency and report such to the Public Works Committee. D. Surplus Property F4.6.1 1. Public Works Department City Council to authorize the surplus and disposal of the following damaged property: Two (2) Locking File Cabinets No Fixed Asset # E. Bad Debt Write-off F4.12 City Council to authorize the write-off of accounts receivable (local improvements district assessments) bad debts in accordance with City policy in the total amount of $1,649.06. Councilmember Wagner moved and Councilmember Brothers seconded to approve the Consent Agenda with the exception of Item IV.C.2 to be discussed separately. MOTION CARRIED UNANIMOUSLY. 5-0. V. UNFINISHED BUSINESS A. Public Works Project Number PR 629 O4.11.1 PR 629 City Council to award Contract No. 01-04, Project Number PR 629, Coal Creek Springs and Fulmer Field Corrosion Control Treatment Facilities, to IMCO General Construction on their low bid of $5,019,063.16 plus Washington State sales tax of $431,639.43 for a total contract price of $5,450,702.59 and grant the Public Works Page 7 City of Auburn Council Meetin~ Minutes March 19, 2001 Director the budget authority to manage critical path construction issues within a five percent construction contract contingency and report such to the Public Works Committee. Councilmember Wagner moved and Councilmember Lewis seconded to approve the award of Public Works Project Number PR 629 and to grant the Public Works Director budget authority to manage critical path construction issues within a two percent or $125,000 contingency, whichever is greater, and report such to the Public Works Committee. Councilmember Wagner indicated the change in the contingency amount is in line with the proposed purchasing policy amendment to be considered under Ordinance No. 5525 later this evening. MOTION CARRIED UNANIMOUSLY. 5-0. VI. NEW BUSINESS A. Application Number PLT00-0010 03.5 PLT00-0010 City Council to consider the request of Wayne-Dawson for preliminary plat approval of nine single family lots located on the south side of 316th Place SE between 112th Avenue SE and 114th Avenue SE. Assistant Planning Director Rued explained that the preliminary plat is a small subdivision consisting of nine single-family lots. The Hearing Examiner has recommended approval of the preliminary plat with two conditions. 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 instruct the City Attorney to prepare the necessary resolution. MOTION CARRIED UNANIMOUSLY. 5-0. Page 8 City of Auburn Council Meetinq Minutes March 19, 2001 VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5519 F5.2.15, O4.10 An Ordinance of the City Council of the City of Auburn, Washington, approving Federal TEA-21 Grant funds with local matching funds as provided in Local Agency Agreement GCA-2304 between the City and the Washington State Department of Transportation for implementing the Commute Trip Reduction Ordinance. Councilmember Wagner moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5519. MOTION CARRIED UNANIMOUSLY. 5-0. 2. Ordinance No. 5520 o3.4.1.21, F5.3 An Ordinance of the City Council of the City of Auburn, Washington, approving reimbursement of funds in the amount of Eight Thousand Three Hundred eighty-five and 00/100 Dollars ($8,385.00), and authorizing the Mayor and City Clerk to execute a Memorandum of Understanding between the Seattle-King County Department of Public Health and the City of Auburn to accept the reimbursement of funds for implementation of a portion of the educational element of the Local Hazardous Waste Management Program. Councilmember Wagner moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5520. MOTION CARRIED UNANIMOUSLY. 5-0. Page 9 City of Auburn Council Meeting3 Minutes March 19, 2001 3. Ordinance No. 5521 04.7.3, F5.3 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance and appropriation of grant funds in the amount of Twelve Thousand Five Hundred Dollars ($12,500), and authorizing the Mayor and City Clerk to execute an Interlocal Agreement between King County and the City of Auburn to accept said funds for implementation of the 2001 City Optional Program and Waste Reduction and Recycling Grant Program. Councilmember Wagner moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5521. MOTION CARRIED UNANIMOUSLY. 5-0. 4. Ordinance No. 5522 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 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 4230 "B" Street NW, Tax Parcel Number 936000-0092. Councilmember Wagner moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5522. MOTION CARRIED UNANIMOUSLY. 5-0. Page 10 City of Auburn Council Meetin6 Minutes March 19, 2001 5. Ordinance No. 5523 03.8 REZ00-0008 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of property located at 526 "M" Street NE within the city of Auburn, Washington, changing the zoning classification from R-2 (Single Family) to R-O (Residential Office). Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5523. MOTION CARRIED UNANIMOUSLY. 5-0. 6. Ordinance No. 5524 03.10.1 CUP01-0002 An Ordinance of the City of Auburn, King County, Washington, providing for a conditional use permit for a day care on property zoned R-2 (Single Family) located at 832 - 21st Street SE, within the city of Auburn, Washington. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5524. MOTION CARRIED UNANIMOUSLY. 5-0. 7. Ordinance No. 5525 F4,8 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 3.10 entitled "Purchasing Policy," by creating a new Section 026 entitled "Public Works Projects-Contract Amendment-Conditions" to grant the Mayor and his/her designees the authority to administratively amend public works project contracts and new Section 050 entitled "Emergency Purchases-Authorization" to grant the Mayor the authority to make emergency purchases or enter into emergency contracts. Councilmember Lewis moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5525 with option A-1 for Exhibit A. Page 11 City of Auburn Council Meeting3 Minutes March 19, 2001 MOTION CARRIED UNANIMOUSLY. 5-0. 8. Ordinance No. 5526 03.4.2.1.2 An Ordinance of the City Council of the City of Auburn, King County, Washington, pursuant to RCW 36.70A.390 establishing Interim C-2 (Central Business District) zoning for certain properties within portions of downtown Auburn as defined by this ordinance, adopting findings of fact, and setting a date for a public hearing on the Interim C-2 (Central Business District) zoning. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5526. MOTION CARRIED UNANIMOUSLY. 5-0. B. Resolutions 1. Resolution No. 3329 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 Concessionaire Agreement between the City and the Little League of Auburn, Washington for the concession operation at the Brannan Park Ballfields for 2001. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3329 MOTION CARRIED UNANIMOUSLY. 5-0. 2. Resolution No. 3331 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 Concessionaire Agreement between the City and the Optimist Club of Auburn, Washington for the concession operation at the Game Farm Park Ballfields for 2001. Page 12 City of Auburn Council Meetinn Minutes March 19, 2001 Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3331. MOTION CARRIED UNANIMOUSLY. 5-0. 3. Resolution No. 3333 O4.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Commute Trip Reduction Act Implementation Agreement between King County (through its Department of Transportation) and the City of Auburn for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3333. MOTION CARRIED UNANIMOUSLY. 5-0. 4. Resolution No. 3337 O1.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing an amendment to the Agreement approved by Resolution No. 3290 adopted November 20, 2000, authorizing an Agreement for housing of inmates in the Yakima County Jail to incorporate adjustments in the Agreement. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3337. MOTION CARRIED UNANIMOUSLY. 5-0. 5. Resolution No. 3338 04.7.5 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the Mayor and City Clerk to execute Addendum II to the Solid Waste Collection Agreement between the City of Auburn, the Boeing Company, and Washington Waste Hauling & Recycling D/B/A R.S.T Disposal. Page13 City of Auburn Council Meetin_~ Minutes March 19, 200'1 Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3338. MOTION CARRIED UNANIMOUSLY. 5-0. 6. Resolution No. 3339 02.2 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 King County Agency Services Contract between the City of Auburn and King County for 'the January 1, 2001 to December 31, 2001 contract period and specifying funding total for basic life support services. Resolution No. 3339 was withdrawn from the agenda at the request of Fire Chief Johnson. VIII. MAYOR'S REPORT A. Executive Session No executive session was held this evening. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:21 PM. Approved on the ~ ~-~ day of ~~/ ,2001. Charles A. Booth, Mayor D lie Daskam, City Clerk 'Page 14