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.
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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