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HomeMy WebLinkAbout11-19-2001 CITY OF AUBURN COUNCIL MEETING MINUTES November 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 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, and Stacey Brothers. Councilmember Pete Lewis was excused. Staff members present included: Assistant Planning Director Lynn Rued, Associate Planner Shirley Aird, City Attorney Michael J. Reynolds, Human Resources Director Brenda Heineman, Finance Director Shelley Coleman, Public Works Director Christine Engler, City Engineer Dennis Dowdy, Solid Waste Supervisor Sharon Conroy, Parks and Recreation Director Dick Deal, Storm Drainage Engineer Tim Carlaw, Fire Chief Bob Johnson, Police Chief Jim Kelly, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - Hang Up and Drive Day Mayor Booth presented a proclamation declaring November 20, 2001 as "Hang Up and Drive Day" in the city of Auburn to Sunne Sadlier representing the Auburn Riverside High School DECA Club. Page1 City of Auburn Council Meeting Minutes November 19, 2001 2. Appointments a) City Attorney City Council to confirm the appointment of Daniel B. Held as City Attorney effective December 17, 2001. City Attorney Reynolds offered information on the background of Mr. Held. City Attorney Reynolds has known Mr. Held since 1982. Mr. Held served as City Attorney in the cities of Sunnyside and SeaTac and is currently City Attorney for the City of Lakewood. City Attorney Reynolds recommended the Council confirm the appointment of Mr. Held. City Attorney Reynolds thanked the City Council for the opportunity to serve the City for the past eight years. Human Resources Director Heineman added that Mr. Held completed an interview and reference process. Ms. Heineman stated Mr. Held comes with high references from the City of Lakewood and the Washington Cities Insurance Authority. Councilmember Barber moved and Councilmember Brothers seconded to confirm the appointment of Daniel B. Held as City Attorney effective December 17, 2001. MOTION CARRIED UNANIMOUSLY. 6-0. D. A.clenda Modifications Agenda modifications included a revised agenda bill and attachments regarding the Professional Services Agreement with Tetra Tech/KCM Inc. transmitted under Item VI.A of these minutes; the Hearing Examiner's meeting minutes and decisions regarding Application Nos. REZ01-0002 and REZ01-0005 transmitted under Items VI.B and VI.C, respectively; corrected text of Ordinance No. 5602 transmitted under Item VII.A.2 of these minutes, and the addition of Ordinance No. 5607 transmitted under Item VII.A.6 of these minutes. Page 2 City of Auburn Council Meeting Minutes November 19, 2001 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Closed Record Hearin.cl This is a closed record hearing where any public testimony must be strictly limited to the issues involving the proposal and must also be limited to comments "on the record". No new or additional evidence may be allowed. 1. Application Number CAP01-0001 A3.23.1 CAP01-0001 City Council to conduct a closed record hearing on an appeal filed by Dennis Sheehan on the Hearing Examiner's decision to approve a special home occupation permit to allow a dog grooming business located in a home at 31325 112th Avenue SE. Assistant Planning Director Rued presented the staff report for Application Number CAP01-0001. The Hearing Examiner approved a special home occupation permit to allow for a small in-home dog grooming business located on Lea Hill. One of the neighbors, Mr. Dennis Sheehan, has appealed the Hearing Examiner's decision to the City Council. Mayor Booth opened the closed record hearing. Dennis Sheehan, 11108 SE 31 3th Street, Auburn, WA Mr. Sheehan identified himself as the appellant. He expressed his opposition to any kind of business located in a residential district that increases traffic. Hazel Thorpe, 31325 112th Avenue SE, Auburn, WA Ms. Thorpe spoke on behalf of her application for a special home occupation. She estimated there would be no more than one or two cars at her house at any one time. She stated that her residence could accommodate parking for up to five vehicles. Ms. Thorpe described 112th as a "used" street and believes an additional four to six additional cars a day would not impact the neighborhood. Page 3 City of Auburn Council Meeting Minutes November 19, 2001 In response to questions from Councilmembers, Ms. Thorpe responded that a dog could stay on the premises for up to four hours, which includes grooming time and time waiting to be picked up. No dogs are kenneled outdoors. The square footage of her property is estimated at 17,000 square feet. Councilmember Borden moved and Councilmember Singer seconded to close the hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Borden questioned the number of dogs a resident may own and the procedure for rescinding a special home occupation permit. Assistant Planning Director Rued reported that a resident may own a maximum of four household pets. Mr. Rued explained that a special home occupation permit could be terminated by the Hearing Examiner following a public hearing and upon finding that the applicant is not operating according to the permit conditions. Councilmember Borden moved and Councilmember Brothers seconded to affirm the Hearing Examiner's decision and deny the appeal. Councilmember Wagner indicated he would vote against the motion to affirm as he believes there will be noise issues for the current residents as well as future residents to the south of the Thorpe residence. Councilmember Singer expressed opposition to home occupations which result in customers coming to the home. Councilmember Barber spoke in favor of the motion noting that residents are allowed to own up to four dogs and Ms. Thorpe's business closes at 5:00 PM, MOTION CARRIED. 4-3. Councilmembers Wagner, Singer and Poe voted no. Mayor Booth cast the tie-breaking vote. Page 4 City of Auburn Council Meeting Minutes November 19, 2001 B. Public Hearings 1. Proposed Solid Waste Collection Rates F4.3, 04.7 City Council to conduct a hearing to receive public comments with regard to rate changes for solid waste collection services. Public Works Director Engler provided the staff report. The proposed solid waste rates have been published in the South County Journal in accordance with state law, and the public hearing provides the public with an opportunity to respond to the rate proposals. Mayor Booth opened the public hearing. Leonard Couch, 1203 28th Street SE, Auburn, WA Mr. Couch questioned the additional cost for recycling service. Public Works Director Engler advised that the cost depends on the size of the garbage container used by the household. For customers with a 10 or 20-gallon can, no increase in garbage rates is proposed. Councilmember Singer moved and Councilmember Poe seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. C. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Bart Brynestad, 915 118th Avenue SE, #300, Bellevue, WA, 98005 Mr. Brynestad spoke on behalf of Opus NW LLC's rezone application REZ01-0002. The rezone affects fifteen acres of property located south and west of the Supermall. He urged the Council to approve the application. Darell Hunt, 901 25th Street SE, Auburn, WA Mr. Hunt complimented the City on the veterans' parade held this year. Mr. Hunt expressed concern that several businesses in the Page 5 City of Auburn Council Meeting Minutes November 19, 2001 City Of Auburn are not in compliance with the Americans with Disabilities Act. He expressed concern that the City does not have a coordinator for people with disabilities and urged the Council to create the position. Mr. Hunt also spoke regarding the need for additional on-street disabled parking stalls. Mr. Hunt complained that his street is unpaved and is therefore not in compliance with the law, specifically the Architectural Barrier Removal Act. Mr. Hunt reported that he has fallen out of his wheelchair six times because of the unpaved street and has suffered from sinus infections due to the dust from the unpaved street. D. Correspondence No correspondence was received for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.s A. Municipal Services Chair Poe-reported the Municipal Services Committee met this evening. The Committee discussed the retail space at the transit parking garage and potential contracts for architectural services. The Committee also briefly reviewed the leasing activity for the parking garage retail area and the police shooting range. The next regular meeting of the Municipal Services Committee is scheduled for December 3, 2001 at 5:00 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met .last week. The Committee requests Council approval of a contract with Patty McDonald and an annexation petition for property located on the west hill of Auburn. The regular meeting of the Planning and Community Development Committee scheduled for November 26, 2001 was cancelled. The next regular meeting of the Committee is scheduled for December 10, 2001 at 6:30 PM. C. Public Works Chair Wagner reported the Public Works Committee met November 13, 2001. The Committee discussed amendments to the Stormwater Comprehensive Drainage Plan and the Comprehensive Plans for Water and Sewer. The Committee also reviewed the water cost of service study. The next regular meeting of the Public Works Committee is scheduled for November 26, 2001 at 3:30 PM. Page 6 City of Auburn Council Meeting Minutes November 19, 2001 D. Finance Chair Barber reported the Finance Committee met this evening at 6:30. The Committee recommended approval of consent items, Ordinance No. 5602, and Ordinance No. 5609. The Committee discussed the GASB 34 standards, a Safety/Risk Manager position, and the public defender contract. The next regular meeting of the Finance Committee is scheduled for December 3, 2001. IV. CONSENT AGENDA A. Minutes 1. Minutes of the October 29, 2001 special City Council meeting. 2. Minutes of the November 5, 2001 regular City Council meeting. 3. Correction to October 15, 2001 minutes to reflect correct payroll period: "Payroll check numbers 264892 to 265058 in the amount of $553,703.47 and electronic deposit transmissions in the amount of $739,271.84 for a grand total of $1,292,975.31 for the pay period covering September 1327, 2001 to Soptombor 26 October 10, 2001. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 305618 through 306218 in the amount of $2,979,270.58 and dated November 19, 2001 and wire transfer in the amount of $506,698.81. 2. Payroll Payroll check numbers 265222 to 265382 in the amount of $506,574.80 and electronic deposit transmissions in the amount of $726,906.57 for a grand total of $1,230,481.37 for Page 7 City of Auburn Council Meeting Minutes November 19, 2001 the pay period covering November 1, 2001 to November 15, 2001. C. Contract Administration 1. Public Works Project Number C0016 04.4.2.1 City Council to approve Contract Change Order No. 4 in the amount of $22,368.44 to Steele Corporation for Contract No. 00-16, Public Works Project No. C0016, Auburn Senior Center Renovation Project. 2. Small Works Project Number C9055 04.6.3 c9055 City Council to approve Final Pay Estimate No. 2 in the amount of $6,416.49 to Pacific Environmental Services Company and accept construction of Project No. C9055, Contract No. 01-10, Sanitary Sewer Pump Station Corrosion Control Program. 3. Small Works Project Number C8049A 04.8.1 C8049A City Council to approve Final Pay Estimate No. 1 in the amount of $81,311.45 to Buckley Nursery Company and accept construction of Project No. C8049A, Contract No. 01- 16, Brannan Park Bioswale-Low Flow Channel. 4. Professional Services Agreement with Hart Crowser, Inc. A3.16.9 City Council to approve Amendment No. 2 to Agreement for Professional Services Agreement No. AG-C-148 with Hart Crowser, Inc. for work related to Project C1004, Mill Creek Tributary. Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. Page 8 City of Auburn Council Meeting Minutes November 19, 2001 V. UNFINISHED BUSINESS There was no item under this section for City Council consideration. VI. NEW BUSINESS A. Professional Services Agreement with Tetra Tech/KCM Inc. A3.16.9, O3.4.1.10 City Council to approve Amendment No. 3 to Agreement for Professional Services Agreement No. AG-C-130 with Tetra Tech/KCM Inc. for work related to the 2001 Stormwater Comprehensive Drainage Plan. Storm Drainage Engineer Tim Carlaw presented the staff report regarding the Professional Services Agreement with Tetra Tech/KCM Inc. He referred to the materials contained in the agenda modification and maps of the areas affected by the current building moratorium and storm drainage basins E and P. Mr. Carlaw reviewed the work accomplished under Amendment No. 2 to the Agreement for Professional Services with Tetra Tech/KCM Inc. Amendment No. 2 work consists of remodeling and redefining the 100 Year Flood Plain for the Mill Creek drainage area from 37th Street south to Main Street. The moratorium area extends from Highway 18 to 15th Street NW and Highway 167 to the Union Pacific Railroad track. Mr. Carlaw reported that, according to the modeling, the flood plain for the existing 1998 land use is approximately two feet higher than the FEMA 1987 delineation. The consultant and staff will proceed with submissions to FEMA for a flood plain map revision. Amendment No. 3 to the Agreement for Professional Services with Tetra Tech/KCM Inc., includes work to review impact of Basin "E" (downtown area) on Basin "P" (the moratorium area); provide technical support and identify potential solutions and projects in order to lift the building moratorium; map the future 100-year flood plain on Mill Creek to establish a new FEMA boundary; identify areas of contribution to flooding problems in Mill Creek; and analyze the impact of the Downtown Plan's exemption of redevelopment projects from providing on-site stormwater controls and its apparent conflict with NPDES Phase II federal discharge requirement standards. Page 9 City of Auburn Council Meeting Minutes November 19, 2001 In response to questions from Councilmember Brothers and Councilmember Wagner, Mr. Carlaw confirmed that mitigation could be performed off-site to meet federal compliance standards. The consultant believes it is unnecessary to look at conveyance north of 37t~ Street for the purpose of this study. Councilmember Wagner moved and Councilmember Singer seconded to approve Amendment No. 3 to the Professional Services Agreement No. AG-C-130 with Tetra Tech/KCM Inc. MOTION CARRIED UNANIMOUSLY. 6-0. B. Application Number REZ01-0002 03.8 REZ01-0002 City Council to consider the request of Auto Nation Corporation to allow for more land uses in the Business Park zone on property located at the southwest corner of 15th Street SW and O Street SW. Assistant Planning Director Rued presented the staff report for Application Number REZ01-0002 using an overhead slide depicting the subject property and surrounding area. The City approved the Business Park District for the property in 1995 with a list of allowed uses. The property has not developed and remains vacant. Opus NW LLC has an option to purchase the properly from Auto Nation. and proposes to use some of the previously approved uses, except for the motel and theater. The applicant has requested additional uses, including manufacturing, not included in the original Business Park zoning. Mr. Rued reviewed the site plan for the property and the uses allowed in each of the proposed buildings. The Hearing Examiner recommended approval with conditions related to the property uses, size of the retail pad, traffic impact, parking, landscaping, facades, signs, exterior lighting, and pedestrian walkways. Councilmember Borden moved and Councilmember Wagner seconded to hold a closed record hearing on Application Number REZ01-0002 to be held December 3, 2001. MOTION CARRIED UNANIMOUSLY. 6-0. Page 10 City of Auburn Council Meetina Minutes November 19, 2001 Bart BrVnestad, Opus NW LLC Mr. Brynsestad explained that Opus NW LLC may lose its option to purchase the property if the transaction cannot be completed by the end of the year. C. Application Number REZ01-0005 03.8 REZ01-0005 City Council to consider the request of Donald L. Blackwell to rezone property located at 1502 A Street SE from the existing R-3, Duplex, zoning to a proposed C~3, Heavy Commercial zoning. Councilmember Borden moved and Councilmember Singer seconded to approve the rezone based on the Hearing Examiner's Findings of Fact, Conclusions and Decision, and request the City Attorney prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 6-0. D. ApDlication Number PLT98-0002 03.5 PLT98-0002 City Council to consider the request of Noorjack LLC for final plat approval of Lakeland Highlands, previously known as Lakeland 5B, a 33 lot single-family subdivision located generally between 51~t Avenue and Nathan Loop. Councilmember Borden moved and Councilmember Singer seconded to approve the final plat of Lakeland Highlands and instruct the City Attorney to prepare the necessary ordinance. Councilmember Borden recalled the residents' wishes to include the walkway in the plat. Councilmember Wagner expressed support for the walkway and a design standard that would skateboard-proof the walkway. Assistant Planning Director Rued explained that plats are usually conditioned in the preliminary plat process. City Attorney Reynolds cautioned that additional impediments to skateboarders may create a liability. Councilmember Singer spoke against requiring the developer to construct the walkway MOTION CARRIED. 5-1. Councilmember Singer voted no. Page 11 City of Auburn Council Meetin.q Minutes November 19, 2001 E. Application Number ANX01-0002 03.1 AN×01-0002 City Council to consider the request of property owners to annex a five parcel area consisting of approximately 23 acres located on the West Hill in the vicinity of South 318th Street and 59th Avenue South. Councilmember Borden moved and Councilmember Singer seconded to direct staff to prepare and circulate the sixty percent annexation petition. MOTION CARRIED UNANIMOUSLY. 6-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5599 A3.8.12 An Ordinance of the City Council of the City of Auburn, Washington, repealing Auburn City Code Chapter 2.69 entitled "Public Library" and creating Auburn City Code Chapter 2.69 entitled "City of Auburn Library Board." Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5599. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 5602 A4.1.1 An Ordinance of the City Council of the City of Auburn, Washington, announcing its intention to award the contract for short-term disability insurance for Driver, Sales and Warehouse Union Local 117 (Finance Clerical Employees) and unaffiliated City employees, and long-term disability insurance for unaffiliated City employees to the Standard Insurance Company, through Superior Insurance. Councilmember Barber moved and Councilmember Brothers seconded to introduce and adopt Ordinance No, 5602. Page 12 City of Auburn Council Meeting Minutes November 19, 2001 MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 5603 03.8 REZ01-0004 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of 1.86 acres of property located at 916 22nd Street NE within the City of Auburn, Washington, changing the zoning classification from R-2 (Single Family) to R-4 (Multi-Family). Councilmember Borden moved and Councilmember Singer. seconded to introduce and adopt Ordinance No. 5603. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 5605 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 19.04 related to transpodation impact fees by amending Section 19.04.040 (B) for the purpose of requiring a transportation impact fee on any change in land use that increases PM peak hour trip generation by any number of new trips and setting forth a method for calculating the transportation impact fee therefore owed. Councilmember Wagner moved and Councilmember Singer seconded to return Ordinance No. 5605 to the Public Works Committee for further discussion. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 5606 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 5506, Attachment "A", codified as Auburn City Code Chapter 19.04 entitled "Transportation Impact Fees" to include the correct impact fee rate for commercial office up to 49,999 square feet. Page 13 City of Auburn Council Meeting Minutes November 19, 2001 Councilmember Wagner moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5606. MOTION CARRIED UNANIMOUSLY. 6-0. 6. Ordinance No. 5607 03.8 REZ01-0002 An Ordinance of the City Council of the City of Auburn, Washington, approving revisions to the Business Park designation approved in Ordinance No. 4962 for the 15.2 acres of property located at the southwest corner of 15th Street and "O" Street SW within the city of Auburn, Washington. Ordinance No. 5607 was not considered by Council due to Council action under Item VI.B of these minutes requiring a closed record hearing on Application Number REZ01-0002. 7. Ordinance No. 5609 A3.11.2.2 An Ordinance of the City Council of the City of Auburn, Washington, announcing its intention to include a number of new provisions in the City's deferred compensation plan document, adopted under Ordinance No. 3644, as amended, to be rewritten or amended and approved no later than December 31, 2002. Councilmember Barber moved and Councilmember Brothers seconded to introduce and adopt Ordinance No. 5609. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 3397 A3.16.7, A4.5.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement to obtain the services of Patricia McDonald Butts as a governmental relations consultant to represent the City before the State Legislature, King County, the Puget Page 14 City of Auburn Council MeetinR Minutes November 19, 2001 Sound Regional Council and other organizations for the City of Auburn during the year 2002. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3397. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 8:59 PM. City Attorney Reynolds reported that the following items would be discussed in executive session: 1 ) an offer by a property owner relating to real estate and litigation; 2) a real estate offer; 3) a settlement agreement relating to existing litigation; and 4) collective bargaining negotiations and personnel. City Attorney Reynolds estimated the duration of the executive session to be twenty minutes and action may be taken following the executive session. At 9:20 PM, City Attorney Reynolds returned to the Council Chambers and advised the executive session would continue to approximately 9:45 PM. Mayor Booth reconvened the meeting at 9:40 PM. B. Madison Company Settlement Agreement City Attorney Reynolds reported that the Settlement Agreement with the Madison Company has been reviewed. The case has been in litigation in King County Superior Court. The parties have arrived at a settlement, which involves fees paid to the plaintiff and real estate to be acquired by the City. City Attorney Reynolds recommended the City Council approve the Settlement Agreement. Councilmember Wagner moved and Councilmember Brothers seconded to approve the Settlement Agreement with the Madison Company as described by the City Attorney. MOTION CARRIED, 5-0. Councilmember Poe abstained from voting. Page 15 City of Auburn Council Meetin.q Minutes November 19, 2001 IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:42 PM. Approved on the J day of December, 2001. Charles A. Booth, Mayor D lie Daskam, City Clerk Page 16