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HomeMy WebLinkAbout05-21-2001 CITY OF AUBURN COUNCIL MEETING MINUTES May 21, 2001 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Charles A. Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following Councilmembers were present: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Sue Singer, Pete Lewis, and Stacey Brothers. Staff members present included: Assistant Planning Director Lynn Rued, Parks and Recreation Director Dick Deal, Employee Relations and Compensation Manager John Fletcher, Recreation Coordinator Sharon LaVigne, Police Chief Jim Kelly, City Attorney Michael. J. Reynolds, Public Works Director Christine Engler, Airport Manager John Anderson, Acting Finance Director Shelley Coleman, Assistant Fire Chief Russ Vandver, Senior Planner AI Hicks, Special Projects Engineer Jack Locke, and Deputy City Clerk Cathy Richardson C. Announcements and Appointments 1. Announcements a) Proclamation - Mental Health Month Mayor Booth presented a proclamation declaring the month of May 2001 as "Mental Health Month" in the city of Auburn to Marilyn LaCelie, Chief Executive Officer, and Kenneth Seng, Vice Chair of the Valley Cities Counseling and Consultation. Page 1 City of Auburn Council Meeting Minutes May 21, 2001 b) Hometown Hero Award Mayor Booth presented the Auburn Hometown Hero Award to Cyril and Nixie Van Selus in recognition of their numerous contributions to the community. Mayor Booth commended Mr. and Ms. Van Selus for their dedication and service to the City, and their outstanding involvement with the youth in the community. Mayor Booth invited City Attorney Michael J. Reynolds to join in the Auburn Hometown Hem Award presentation. Mr. Reynolds stated that he had the pleasure and good fortune to be a recipient of the advice and friendship of the Van Selus' during his youth. Mr. Van Selus thanked the Mayor, Council, and the citizens of Auburn for allowing them to be a part of the community for so many years. c) Spirit of Caring Award Mayor Booth received the Catholic Community Services 2001 Spirit of Caring Award. Councilmember Wagner reported that he attended a recognition event sponsored by Catholic Community Services. The City of Auburn was selected as 2001 Spirit of Caring Award recipient. The Spirit of Caring Award recognizes the City's good works in the area of social services. Councilmember Wagner presented the CathOlic Community Services 2001 Spirit of Caring Award to Mayor Booth. 2. Appointments a) Library Board City Council to confirm the appointment of Charlie Clarke to the Auburn Library Board to fill the unexpired term of Kim Harlington which will expire December 31, 2001. Page 2 City of Auburn Council Meetinn Minutes May 21, 2001 Councilmember Wagner moved and ' Councilmember Singer seconded to confirm the appointment of Charlie Clarke to the Auburn Library Board to fill the unexpired term of Kim Harlington which will expire December 31, 2001. MOTION CARRIED UNANIMOUSLY. 7-0. D. Agenda Modifications Agenda modifications included the addition of the May 8, 2001 Planning Commission meeting minutes regarding Application No. ZOA01-0005 transmitted under item VI.A of these minutes, the addition of Ordinance Nos. 5553, 5555, and 5556, and transmits supporting documents for Ordinance Nos. 5547, 5548, 5549, 5550, 5551, and 5552, and the addition of Resolution No. 3354. 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. No one from the audience requested to speak. C. Correspondence No correspondence was received for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported that the Municipal Services Committee met this evening at 5:00 PM. The Committee discussed and recommends approval of Ordinance 5548. The Committee also discussed a leash law and a bullet proof vest partnership program. The next regular meeting of the Municipal Services Committee is scheduled for June 4, 2001 at 5 PM. Page 3 City of Auburn Council Meetinn Minutes May 21, 2001 B. Planning & Community Development Chair Borden reported that the Planning and Community Development Committee met May 14, 2001. The Committee discussed and recommends approval of Resolution Nos. 3342 and 3352, and Application No. ZOA01-0005. The next regular Planning and Community Development Committee meeting is scheduled for May 29, 2001 at 6:30 PM. C. Public Works Chair Wagner reported that the Public Works Committee met May 14, 2001. The Committee discussed a right-of-way use permit for a groundwater monitoring well, and recommends approval of the contract items on this evening's agenda. The Committee received an update on the strategy for obtaining public input on the efforts of the Green River watershed forum to protect threatened and endangered species, and the increasing King County sewer charges related to higher energy costs. The next regular meeting of the Public Works Committee is scheduled for May 29, 2001 at 4:30 PM. D. Finance Chair Barber reported that the Finance Committee met this evening at 6:30 PM. The Committee reviewed and recommends approval of the claims and payroll vouchers and surplus property on this evening's agenda. The Committee also discussed staffing for a utility engineer, collection policies and procedures, and a lodging tax advisory committee. At the request of Chair Barber, Vice Chair Lewis reported that the Committee heard a presentation on the Small Business Assistance Center (SBAC), which ran out of funding for their building lease. Green River Community College (GRCC) and the Auburn Chamber of Commerce have proposed that the City of Auburn contribute temporary funding in the amount of $24,000 while they find long term funding from other sources to cover the cost of the lease. The .SBAC would provide services for small and new business enterprises. Vice Chair Lewis urged support by the Council. Chair Barber reported that the next regular meeting of the Finance Committee is scheduled for June 4, 2001 at 6:00 PM. Chair Barber noted the time change for the Committee meeting. Page 4 City of Auburn Council Meetin_a Minutes May 21, 2001 IV. CONSENT AGENDA A. Minutes 1. Minutes of the May 7, 2001 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 301077 through 301432 in the amount of $2,296,122.44 dated May 21, 2001; and wire transfers in the amount of $1,738,898.54 for a grand total of $4,035,020.98. 2. Payroll Payroll check numbers 262853 to 253025 in the amount of $536,736.71 and electronic deposit transmissions in the amount of $684,355.59 for a grand total of $1,221,092.30 for the pay period covering May 1, 2001 to May 15, 2001. C. Contract Administration 1. Professional Services Agreement with Tetra Tech/KCM, Inc. A3.16.9, O3.4.1.10 City Council to approve Amendment No. 2 to Agreement No. AG-C-130 with Tetra Tech/KCM, Inc., for completion of the City's 2001 Stormwater Comprehensive Drainage Plan. 2. Professional Services Agreement with Tetra Tech/KCM, Inc. A3.16.9, O4.8.1 C8049 City Council to approve Amendment No. 4 to Agreement No. AG-C-69 with Tetra Tech/KCM, Inc., for work related to Public Works Project C8049, North Central Basin Improvements. Page 5 City of Auburn Council Meeting Minutes May 21, 2001 D. Surplus Property F4.6.1 1. Public Works Department City Council to authorize the surplus and disposal of the following property: Qty Item Fixed Asset # 6 5-Drawer Metal Desks N/A 2 Wood-Veneer Tables N/A 1 Wood Veneer Table 032 042 I 4-Drawer Wood Veneer Desk 032 107 1 2-Drawer Wood Veneer Desk N/A 1 2-Drawer Wood Veneer Desk 032 170 1 2-Drawer Wood Veneer Desk 014 012 1 2-Drawer Wood Veneer Desk 013 144 1 2-Drawer Wood Veneer Desk 032 122 1 4-Drawer Wood Veneer Desk w/return 032 040 1 7oDrawer Wood Desk N/A 1 Small Wooden Table N/A 1 Metal Cart on Wheels N/A 2 4-Drawer Wood Veneer Desks w/return N/A 1 Wood Veneer Computer Stand on Wheels N/A 2 Metal Tables N/A 1 Metal Table with 3 Drawers NIA 1 Pink Typist Chair NIA Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. Councilmember Poe referred to Item IV.C.2 and requested clarification as to whether the modification is to the pump station or the bioswale. Public Works Director Engler reported that there are two related efforts, one of which is to connect the. pump station to the sewer during the low flow periods in the summer to allow staff to perform necessary work to refurbish the bioswale. Councilmember Poe noted that he is opposed to Item IV.C.1. In response to questions from Councilmember Singer, Director Engler stated that the study-work that is being done has to do with data that was collected recently. Amendment No. 2 to the Tetra Tech agreement is primarily relating to updating the computer model that was used for King County's flood control master plan along Mill Creek. Page 6 City of Auburn Council Meeting Minutes May 21,200t Councilmember Poe stated his belief that the solution to the problem is to try to improve the Mill Creek channel. Councilmember Wagner moved and Councilmember Singer seconded to consider Item IV.C.1 separately and remove it from the Consent Agenda. MOTION TO REMOVE ITEM IV.C.1 FROM THE CONSENT AGENDA CARRIED UNANIMOUSLY. 7-0. MOTION TO APPROVE THE CONSENT AGENDA AS MODIFIED CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS The following item was removed from the Consent Agenda to be discussed separately. 1. Professional Services Agreement with Tetra Tech/KCM, Inc. A3.16.9, O3.4.1.10 City Council to approve Amendment No, 2 to Agreement No. AG-C-130 with Tetra Tech/KCM, Inc., for completion of the City's 2001 Stormwater Comprehensive Drainage Plan. Councilmember Wagner stressed that the members of the Public Works Committee engaged in an intense discussion with City and Tetra Tech/KCM staff regarding the inclusion of potential solutions in Amendment No. 2 to the agreement. Councilmember Wagner reported that City Engineer Dennis Dowdy explained that there are several phases to the study. Various data collected within the last few years can be used in the analyses required for this study. The City is responsible for managing the flood plain. The data that has been and will be gathered can also be used to update the flood plain model and maps. The model is necessary to justify any clearing that might take place in the Mill Creek channel. The model will extend up Mill Creek and into the King County area and the Federal Way area. Much of the sediment plugging the channel comes from these areas. Incorporating this data into the model will increase the chances of convincing the appropriate agency that the Mill Creek channel requires work. Page 7 City of Auburn Council Meetinn Minutes May 21, 2001 Councilmember Wagner stated that the approval of Amendment No. 2 is a necessary step in finding the solution to the Mill Creek problem. Councilmember Poe stated that it has been implied that the problem is partially caused by water that comes off at Peasley Canyon. The data for the study should be gathered during maximum rain fall months to determine where the water is coming from. Councilmember Lewis expressed his concern that Amendment No. 2 does not include a solution. Councilmember Wagner moved and Councilmember Lewis seconded to refer the item to the Public Works Committee. MOTION TO REFER ITEM V.I TO THE PUBLIC WORKS COMMITTEE CARRIED UNANIMOUSLY. 7-0. VI. NEW BUSINESS A. Application Number ZOA01-0005 03.4.2.1.2 City Council to consider amendments to the Auburn Zoning Code to allow for gated subdivisions. Assistant Planning Director Lynn Rued explained that the proposed amendment to the Zoning Code is to allow for subdivisions to be gated under certain circumstances. Presently, regulations only allow for apartment complexes, condominiums, mobile home parks, or those that have private streets of usually four lots or less to be gated. The proposal before Council would allow for multiple lots to be gated under certain circumstances. Mr. Rued referred to subsection "A" which gives the criteria that would allow a community to be gated. Gated communities must not cause any discontinuity in the traffic in the neighborhood. Mr. Rued displayed overhead examples to demonstrate unacceptable impacts on other city streets. Mr. Rued stated that proposed gated communities must be reviewed as part of a preliminary plat, streets must be privately Page 8 City of Auburn Council Meetinn Minutes May 21, 2001 owned and maintained and must meet City standards for public streets. A Property Owner Association is required to be formed to maintain standards. Mr. Rued used overhead displays to demonstrate the design standards with regard to set backs for gates in relation to main arterials and cul de sacs. Other standards include meeting emergency access requirements and the gate must be self opening in the event of a power outage. Councilmember Borden moved and Councilmember Singer seconded to amend the Zoning Code to allow for gated subdivisions and instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5546 03.6 PUD01-0001 An Ordinance of the City of Auburn, King County, Washington, amending the Lakeland South Planned Unit Development (PUD) final development map approved in Ordinance 5092 on May 4, 1998 to include relocation of school sites, park sites, senior residential housing sites and commercial sites for properties known as Lakeland South that are located in the City of Auburn in Pieme County. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5546. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 5548 04.7.3, F5.4.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance 5421 to authorize acceptance of an increase in the U.S. Department of Transportation, Federal Aviation Administration Airport Improvement Program grant number 3-53-0003-10, contract Page 9 City of Auburn Council Meeting Minutes May 21,200t number DOT-FAOO-NM-0028 funding from an amount of One Hundred Sixty Thousand Six Hundred Forty-nine Dollars ($160,649.00) to a total of One Hundred Sixty Five Thousand Four Hundred Seven Dollars ($165,407.00), an increase of Four Thousand Seven Hundred Fifty-eight Dollars ($4,758.00) and expenditure of City of Auburn matching share funds of Five Hundred Forty-nine Dollars and ninety cents ($549.90) for the purpose of paying for the cost to acquire and install perimeter fencing on the west boundary of the Auburn Municipal Airport. Councilmember Poe moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5548. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5549 o3.4.1.1 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning and amending the City of Auburn Comprehensive Plan by adopting a subarea plan entitled the Auburn Downtown Plan pursuant to the provisions of R.C.W. Chapters 36.70A and 35A.63 of the laws of the State of Washington; designating this plan as guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); and directing that this Ordinance and the subarea plan hereby adopted by filed with the Auburn City Clerk and be available for public inspection. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5549. MOTION CARRIED. 6-1. Councilmember Brothers voted no. Page 10 City of Auburn Council Meetinn Minutes May 21, 2001 4. Ordinance No. 5550 03,4.1,1, 03.4.2.1.2 An Ordinance of the City of Auburn, Washington amending Auburn City Code Chapter 18.04 entitled "Definitions" by adding a new Section 18.04.792 entitled "Religious Institution" contained in Title 18 entitled "Zoning" to reflect changes approved by the City Council in approving the Auburn Downtown Plan. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5550. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5551 03.4.1.1, 03.4.2,2, 03.4.2.1.2 An Ordinance of the city Council of the City of Auburn, Washington, amending the city of Auburn Comprehensive Zoning Map for the purposes of implementing the Auburn Downtown Plan, and directing the City Clerk of the City of Auburn to cause this Ordinance to be recorded in the office of the King County Auditor, Division of Records and Elections. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5551. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 5552 O1.2, 03.3.11 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance 5528 to authorize an increase in the leasing commission from an amount of 5% of the gross rental for up to the first five years to a leasing commission of 5% of the gross rental for the first five years and 2.5% for the sixth through the tenth years of the initial sublease and to provide further clarification regarding the method of City payment to the broker of the anticipated commission(s): Page 11 City of Auburn Council MeetinR Minutes May 21,200t Councilmember Poe moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5552. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Ordinance No. 5553 O3.4.1.2 An Ordinance of the City of Aubum, King County, Washington, amending Auburn City Code Section 18.76.030 entitled "Definitions" contained in Chapter 18.76 entitled "Planned Unit Development District (PUD) Lakeland Hills South" to reflect City Council approval of an amendment to the Lakeland South Planned Unit Development (PUD) final development map to include relocation of school sites, senior residential housing sites and commercial sites for properties known as Lakeland South that are located within the City of Auburn in Pierce County. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5553. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Ordinance No. 5555 o3.4.1.2 An Ordinance of the City of Auburn, Washington amending Auburn City Code Chapter 18.28 entitled "C-2 Central Business District" by amending Section 18.28.010 entitled "Intent", Section 18.28.020 entitled "Permitted Uses", Section 18.28.030 entitled "Uses Requiring Permit", Section 18.28.040 entitled "Development Standards" and Section 18.28.050 entitled "Supplemental Development Standards for Parking Garages" all contained in Title 18 entitled "Zoning" to provide regulations consistent with and that implement the Auburn Downtown Plan. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5555. Councilmember Singer shared positive comments she received regarding the Downtown Plan incentives. Page12 City of Auburn Council Meeting Minutes May 21, 2001 MOTION CARRIED UNANIMOUSLY, 7-0. 9. Ordinance No. 5556 03.4.1.2 An Ordinance of the City of Auburn, Washington amending Auburn City Code Section 18.52.020 entitled "Required Off- street Parking - Minimum Standards" and Section 18.52.030 entitled "Reductions of the Quantity of Required Parking" contained in Chapter 18,542 entitled "Off-street Parking and Loading" contained in Title 18 entitled "Zoning" to provide regulations consistent with and that implement the Auburn Downtown Plan. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5556. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 3342 A1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the 2001 Service Agreement between the City of Auburn and the Economic Development Council of Seattle and King County. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3342. In response to questions from Councilmember Brothers, Senior Planner AI Hicks stated that the purpose of the Economic Development Council (EDC) is to help bring jobs to King County and also calls for a number of referrals to directly assist the City of Auburn. The EDC also assists in business retention methods within the city of Auburn. Councilmember Brothers referred to page one, paragraph two regarding the distinction of businesses providing family wage jobs. Councilmember Brothers questioned if this terminology would exclude those businesses that might provide less than family wage jobs. Page 13 City of Auburn Council Meeting Minutes May 21, 2001 Councilmember Lewis stated that he has been involved with the EDC from the beginning. The City has been the recipient for some time of EDC provided businesses that provide other than family wage jobs. The City would prefer that new and ongoing contracts set a standard for how many non-warehouse businesses providing family wage jobs that could be provided. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3352 A5.1.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Agreement for Professional Journalism Services between the City of Auburn and Marjorie Rommel for services between January 1, 2001 and December 31, 2001. Motion by Councilmember Borden and second by Councilmember Singer to adopt Resolution No. 3352. MOTION CARRIED UNANIMOUSLY, 7-0. Councilmember Brothers requested a summary of payments made to Majorie Rommel for the current year from Acting Finance Director Coleman. For clarification of these minutes, Councilmember Brother's comments were made immediately after item VIII.A of these minutes. 3. Resolution No. 3353 A3.17 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 ground lease between the City and Bill Vanderberg for the lease of a 3.4 acre undeveloped site at the Auburn Municipal Airport. Councilmember Poe moved and Councilmember Wagner seconded to adopt Resolution No. 3353. Page14 City of Auburn Council Meeting Minutes May 21, 2001 Councilmember Wagner requested clarification of paragraph 5(A) of the contract. Attorney Reynolds explained that the phrase "Notwithstanding the foregoing" would override the amount established in the sentence above it. The base rent would be adjusted every year. In response to questions from Councilmember Poe, Attorney Reynolds responded that the rent would not go down. It assumes that there will be an adjustment, but the second sentence states that under no circumstances will the adjustment lower the rent. In response to questions from Councilmember Brothers, Attorney Reynolds stated that the rent would not go down in the first five year segment of the lease, but a market value analysis at the five year mark would conceivably lower the base rent. It could not be lowered once the five year sequence has begun. Councilmember Wagner stated that other airport rental agreements state that there will be no reduction in the amount for the reappraisal period as well. The second sentence in paragraph 5(a) should be moved to the end of the paragraph so that no adjustment shall reduce the amount and it would apply to both the annual and the five year adjustments. Attorney Reynolds stated that if Council desires they can pass the Resolution with that amendment in the lease. Councilmember Poe stated that the intent is to have a Consumer Price Index (CPI) every year and provide a five year adjustment without a reduction in the base rent. In was consensus of the Council to rearrange the sentences in paragraph 5(a) so that the second sentence in paragraph 5(a) is at the end of the paragraph, so that no adjustment shall reduce the amount and the sentence applies to both the annual and the five year adjustments. Page 15 City of Auburn Council Meetin{3 Minutes May 21, 2001 MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 3354 03.5 PLT00-0014 A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of 103 single family lots and one commercial lot located north of Lake Tapps Parkway and east of Lakeland Hills Way within the City of Auburn, Washington. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3354. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session No executive session was held. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:56 PM. APPROVED THIS/'~'/' DAY OF JUNE, 2001. Charles A. Booth, Mayor ty Clerk Page 16