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Home My WebLink About09-19-2005 A]ITY OF ,.. . "- .,.. - ,."...,c;; ,~~ / . * CITY COUNCIL MEETING MINUTES WASHINGTON SEPTEMBER 19, 2005 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street in Auburn. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Bill Peloza, Roger Thordardson and Lynn Norman. Councilmember Nancy Backus was excused. Staff members present included: City Attorney Daniel B. Heid, Parks and Recreation Director Daryl Faber, Assistant Fire Chief Mike Gerber, Police Chief Jim Kelly, Human Resources and Risk Management Director Brenda Heineman, Planning and Community Development Director Paul Krauss, Information Services Director Lorrie Rempher, Planner Bill Mandeville, Transportation Planner Joe Welsh, Assistant Finance Director Dawna Truman, Utilities Engineer Duane Huskey, Public Works Director Dennis Dowdy, Development Services Coordinator Steven Pilcher and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - "Constitution Week" Mayor Lewis declared the week of September 17-23 2005 as "Constitution Week" in the City of Auburn and presented Ms. Liz Walker, representing the Lakota Chapter of the Daughters of the American Revolution (DAR), with the proclamation. Ms. Walker Page 1 City of Auburn Council Meetina Minutes SeDtember 19. 2005 announced that the Lakota Chapter of the DAR is celebrating its twenty-five year anniversary this year and thanked the Mayor and City Council for the proclamation. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications Agenda modifications included the transmission of an excerpt of the August 9, 2005 hearing examiner minutes related to Ordinance No. 5948 and Resolution No. 3915, and the removal of Resolution No. 3910 from the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Annexation Application No. ANX05-0002 03.1 ANX05-0002 City Council to conduct a public hearing on the petition to annex approximately nine acres of property located in King County adjacent to the City's western boundary in the vicinity of 5811i Avenue South and South 3281h Street, which area is referred to as the Nichols Annexation. Planner Mandeville presented the staff report for Annexation Applications ANX05-0002 (Nichols Annexation) and ANX05- 0004 (Stipp Annexation). In June 2005 the City received the Nichols annexation petition and on June 14, 2005 the King County Assessor certified the petition was sufficient to meet the statutory requirements for the sixty percent petition method of annexation. On August 1, 2005 the City Council held a public hearing on the proposed annexation, which was continued until the hearing on the Stipp annexation. The Nichols annexation consists of two parcels consisting of approximately nine acres. The nearest improved roadway is South 328th Street located south of the annexation. According to King County staff, the existing roadway on 58th Avenue South is a private driveway on a public right-of-way and was not constructed to County standards. The County is not responsible for maintaining the roadway. Page 2 City of Auburn Council Meetina Minutes SeDtem ber 19. 2005 Mr. Mandeville then reviewed the Stipp Annexation application. In June 2005 the City received an annexation application from James Stipp to annex property located just south of the proposed Nichols annexation. The Stipp annexation is approximately four acres. If annexed to the City, it would be zoned single family residential, the same as the Nichols annexation area. Lots would be limited to 8,000 square feet or four residential lots per acre. The Stipp annexation is connected to the Nichols annexation in that the Stipp annexation includes the road right-of-way that would provide public access to the Nichols annexation area. The Stipp annexation also includes the road right-of-way for South 3281h Street so that the developer will be required to construct to City road standards. Councilmember Singer inquired regarding development of access from the western edge of the property such as from West Hi-Crest Drive. Mr. Mandeville reported that he is unaware of any plans to improve West Hi-Crest Drive. Councilmember Peloza inquired regarding fire and police access to the proposed annexation areas. Mr. Mandeville directed the Council's attention to an area map of the proposed annexation areas. He reported that access would be via South 328th. Councilmember Wagner inquired regarding the width of the public right-of-way that extends north from the Stipp property to the Nichols property. Mr. Mandeville and Mr. Welsh confirmed the right-of-way is sixty feet. In response to a question from Councilmember Wagner, Parks and Recreation Director Faber stated that the proposed annexation would not impact the cemetery master plan. Councilmember Cerino noted that the request before the Council is an annexation request, not a development request. Any development proposals would go through a plat application process. Councilmember Peloza inquired regarding the private road accessing the Nichols property. Mr. Mandeville described Page 3 City of Auburn Council Meetina Minutes SeDtember 19. 2005 the access as a private drive on public right-of-way via South 320th Street. Planning and Community Development Director Krauss spoke briefly regarding the plat process. Councilmember Wagner inquired whether the developments would qualify for Planned Unit Development. Planning and Community Development Director Krauss stated the properties qualify for a PUD, but the developer has discussed the proposed development as a standard single- family plat. Mayor Lewis opened the public hearing on Annexation Application Nos. ANX05-0002 and ANX05-0004. Gene GoodinQ, 32619 5Sth Avenue South, Auburn Mr. Gooding expressed concern with potential development of the properties, particularly traffic, deforestation, and surface water runoff. He also reported that he and his wife constructed that portion of 5Slh Avenue South that runs north from the Stipp property. He has a maintenance agreement with King County to maintain the 300-foot gravel road. He urged the Council to reject the annexations. Jamie Brookamp, 5722 South 32Sth Street, Auburn Mr. Brookamp expressed opposition to the proposed annexation, citing increased traffic from future development. Mr. Bookhamp also expressed concern with the requirement to connect his property to sanitary sewer. Planning and Community Development Director Krauss advised that there is no immediate requirement to connect to sewer; however, King County can require hookup to a sewer system once a septic system has failed. Mr. Brookamp urged Council to reject the proposed annexations. Ron Copple, 3270S 5th Avenue South, Auburn Mr. Copple stated that he lives on a cul-de-sac north of the Stipp property. He expressed opposition to the annexation and any development of the Nichols property in excess of ten homes. He expressed concern for the wildlife in the area, traffic, and surface water. He urged the City Council deny the annexations. Page 4 City of Auburn Council Meetina Minutes SeDtember 19. 2005 Tom Jones, 5614 South 328th Street, Auburn Mr. Jones expressed concern with the proposed annexations, particularly increased traffic and the condition of the existing infrastructure. He urged to the Council to deny the annexations. Jeanine Goodina, 32619 58th Avenue South, Auburn Ms. Gooding expressed concern with adequate fire protection for the area. She urged the Council to reject the annexations. Phil Kitzes, 23035 SE 263rd Street, Maple Valley Mr. Kitzes identified himself as the proponent for the annexations. He stated that under current King County R4 zoning, four dwelling units are allowed per acre. Mr. Kitzes expressed a willingness to work with community members during the platting process. In response to a question from Councilmember Wagner, Mr. Kitzes advised that the developments would receive water service from Lakehaven Utility District and sewer from the City of Auburn. Paul Tosch, 32406 58th Avenue South, Auburn Mr. Tosch spoke regarding the private drive portion of 58th Avenue South. He urged the Council to consider the private drive during the annexation and development processes. Jamie Brookamp, 5722 South 328th Street, Auburn Mr. Brookamp spoke regarding the cost of sewer hook up fees. Planning and Community Development Director Krauss stated that the City of Auburn requires the developer to bear the entire cost of development, including utilities, streets and other infrastructure. Director Krauss and Public Works Director Dowdy explained that the sewer system for the proposed annexation area will likely have a utility payback agreement. A payback agreement is an agreement between the City and a developer for the purpose of reimbursing the developer for a pro rata share of the original costs incurred by the developer for the installation of public utility systems to the extent such facilities benefit future connections. The amount of the payback fee is not known until the sewer is constructed. Future hookups to a sewer system that has an existing payback agreement would require a sewer hookup fee, system development charge, and any payback fee. Residents would not be required to Page 5 City of Auburn Council Meetina Minutes SeDtem ber 19. 2005 connect to the sewer until such time as the residents chooses or their septic system fails. Phil Kitzes, 23035 SE 263'd Street, Maple Valley Mr. Kitzes spoke briefly about the possibility for sewer connections for existing residents. There being no further testimony, Mayor Lewis closed the public hearing at 8:22 p.m. 2. Annexation Application No. ANX05-0004 03.1 ANX05-0004 City Council to conduct a public hearing on the petition to annex approximately four acres of property located in King County adjacent to the City's northwestern boundary in the vicinity of Mountain View Cemetery and south of South 328th Street, which area is referred to as the Stipp Annexation. The hearing for Annexation Application No. ANX05-0004 was combined with Annexation Application No. ANXD5-0002 (see Item 1I.A.1 above). 3. 2006 Preliminary Budget F3.19 All persons interested are encouraged to participate in this public hearing by making comments, proposals, and suggestions for the City Council and Mayor to consider prior to adoption of the City of Auburn 2006 Budget. Finance Director Shelley Coleman presented the 2006 General Fund Revenue and property tax levy presentation. Using a PowerPoint presentation, Director Coleman reviewed the 2005 Budget and 2006 Preliminary Budget General Fund revenues. The 2006 property tax levy rate is estimated to be the same as the 2005 level of $2.88 since the Save Our Streets measure was passed. Property tax revenue from new construction and two percent from voter approved lid lift will be placed in the Local Street Fund. Director Coleman also reviewed a seven-year General Fund revenue trend. Mayor Lewis opened the public hearing. Sara Levin, Crisis Clinic, 5313 51st Avenue South, Seattle Page 6 City of Auburn Council Meetina Minutes SeDtember 19. 2005 Ms. Levin identified herself as a member of the Board for the King County Crisis Clinic. Ms. Levin thanked the City Council for their past support and urged the City Council to increase the City's support to the Crisis Clinic from $1,500 in 2005 to $4,000 in 2006. Ms. Levin spoke regarding the number of Auburn residents served by the Crisis Clinic and a nation-wide initiative to create a 2-1-1 system that allows callers to access community services. There being no further testimony, Mayor Lewis closed the public hearing. 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 spoke during audience participation. C. Correspondence No correspondence was received for Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported the Municipal Services Committee met this evening at 5:00 p.m. The Committee discussed the status of wireless projects, Puget Sound Access Channel 77 public television, the Perimeter Road dedication, solid waste public/private partnerships, Ordinance No. 5945 relating to fireworks, the golf course clubhouse plan, the cemetery expansion plan, red light photo enforcement, and the Special Response Team incident command vehicle. The next regular meeting of the Municipal Services Committee is scheduled for October 3, 2005 at 5:00 p.m. B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met September 12, 2005 at 5:00. The Committee discussed Resolution No. 3911 calling for a public hearing on the Christ Church annexation petition, Resolution No. 3877 relating to an Agreement for Public Art for the Auburn Way South and F Street SE transportation improvements, traffic improvements for the Wesley Homes project on Lea Hill, the 3th Street SE infiltration study, Dieringer School District impact fees, private street access tracts and streets, the Puget Sound Regional Council Vision Page 7 City of Auburn Council Meetina Minutes SeDtember 19. 2005 2020+20 Growth Alternatives, Pierce County Potential Annexation Area in the North Lake Tapps area, and an update on streamlined sales tax. The next regular meeting of the Planning and Community Development Committee is scheduled for September 26, 2005 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met September 12, 2005 at 12:30 p.m. The Committee reviewed contract administration items including the Auburn-Black Diamond Road Improvements, the Terminal Park Neighborhood Improvements, and the Pioneer Elementary Walkway Improvements. The Committee also discussed Resolution No. 3886 authorizing a site lease with Cingular Wireless, Resolution No. 3909 approving a supplemental sewer franchise agreement with Pierce County, Resolution No. 3912 authorizing an agreement to terminate a prior agreement with Les Schwab Tire Center, the Perimeter Road dedication, and a potential grant for safe a walking route along H Street near Olympic Middle School. The next regular meeting of the Public Works Committee is scheduled for September 26,2005 at 3:30 p.m. D. Finance Vice Chair Norman reported the Finance Committee met this evening at 6:30. The Committee reviewed and recommended approval of consent items including claims and payroll vouchers. The Committee discussed Resolution No. 3910 regarding public defense services and reviewed department budgets. The Committee also discussed the mental health court program and received a presentation on the red light enforcement program. The next regular meeting of the Finance Committee is scheduled for October 3, 2005 at 6:30 p.m. IV. COUNCILMEMBER REPORTS At this time Councilmembers may report on items not specifically described on the agenda, which are of interest to the community. Mayor Pro Tem Singer reported on her attendance at the Auburn Tourism Board meeting where the Tourism Board elected to hire a public relations firm to promote Auburn tourism. Mayor Pro Tem Singer also reported on a meeting at the Seattle Biomedical Research Institute with representatives of Green River Community College, Auburn School District, Centrex, and Junior Achievement to discuss a plan to encourage Auburn students to pursue careers in science and technology. Page 8 City of Auburn Council Meetina Minutes SeDtember 19. 2005 Councilmember Wagner reported on a recent meeting of the SR 164 Route Development Plan Corridor Working Group. He reported that the Auburn bypass does not appear to be a high priority. He also reported on a recent meeting of the Valley Cities Regional Wireless Network that was attended by Information Services managers and Economic Development managers from several cities to discuss the value of wireless communications for economic development. Councilmember Norman proudly announced the arrival of her new baby granddaughter. Councilmember Cerino reported on his attendance at a recent Pierce County Cities and Towns meeting in Fife where discussion included House Bill 2163, which authorizes a new surcharge on document recording to fund a homeless housing program, and state legislation to provide benefits to citizen soldiers returning from the war in Iraq. Councilmember Cerino also reported on a Pierce County Regional Council meeting held September 15, 2005. Councilmember Thordarson reported on attendance at ribbon cutting for the Safe Routes To Schools path around Pioneer Elementary School where twelve young people were awarded bicycles and helmets. Councilmember Peloza reported on his attendance at a Boeing reception held at the Seattle Museum of Flight. Councilmember Peloza noted comments by Alan Mullaly, chief of Boeing's commercial airplane unit, to the effect that Boeing has no divesting plans for the Auburn Fabrication Plant. Councilmember Peloza also reported on attendance at a King County Metropolitan Water Pollution Abatement Advisory Committee meeting in Bellevue and a Regional Water Quality Committee in Seattle where the main topic was the Brightwater Treatment Plant and a proposal for reclaiming recycled water. Councilmember Peloza also reported on attendance at three Water Resource Inventory Area (WRIA) 9 Committee meetings where the agenda included approval of the Salmon Habitat Plan and a new 2006 WRIA interlocal agreement. Councilmember Peloza also reported on a work party organized by King County staff and the First United Methodist Church to remove invasive vegetation at the Fenster- Pautzke levee on the Green River. Councilmember Peloza also announced that the WRIA 9 steering committee approved a $700,000 grant for the Fenster-Pautzke levee area. V. CONSENT AGENDA Page 9 City of Auburn Council Meetina Minutes SeDtember 19. 2005 All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes 1. Minutes of the September 6, 2005 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 344799 through 345130 in the amount of $2,798,989.72 and dated September 19, 2005. 2. Payroll Payroll check numbers 513539 to 513694 in the amount of $686,667.64 and electronic deposit transmissions in the amount of $978,026.87 for a grand total of $1 ,664,694.51 for the pay period covering September 1, 2005 to September 14, 2005. C, Contract Administration 1. Public Works Project No. C505A 04.9.1 C505A City Council to grant permission to advertise for bids for Project No. C505A, 2005 Annual Arterial Pavement Preservation, Auburn-Black Diamond Road. 2. Public Works Project No. C513A 04.12.1 C513A City Council to grant permission to Project No. C513A, Terminal Improvements Phase 1. advertise for bids for Park Neighborhood 3, Small Works Project No. C425A 04.12.1 C425A City Council approve Final Pay Estimate #1 to Small Works Contract 05-04, Project Number C425A, to Hot Mix Pavers Inc., and accept construction of Project No. C425A, Pioneer Elementary School Walkway Improvements. Page 1 0 City of Auburn Council Meetina Minutes SeDtember 19.2005 Councilmember Singer moved and Councilmember Wagner seconded to approve the consent agenda. MOTION CARRIED. 6-0. VI. UNFINISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5948 03.6 PUD05-0001, PUD05-0002 An Ordinance of the City Council of the City of Auburn, Washington, approving a request to rezone approximately 89.31 acres from R-1 Residential to Planned Unit Development and approving the request for a Planned Unit Development Councilmember Wagner read into the record his statement disclosing that he had a number of prior communications with citizens regarding the Kersey III development. Councilmember Wagner stated that he believes that he has communicated in an unbiased good-faith manner and would be able to participate in Council debate and actions in a completely fair manner. However, the City Attorney has advised that Council member Wagner's ex-parte communications with interested citizens has disqualified him from participating in Council action involving the Kersey III applications. Councilmember Wagner excused himself from the Council Chambers during the Council's review and consideration of Ordinance No. 5948 and Resolution No. 3915. Councilmember Norman moved and Councilmember Cerino seconded to conduct a closed record hearing on Ordinance No. 5948 (PUD05-0001, PUD05-0002, REZ05-0001 and REZ05-0002). Page 11 City of Auburn Council Meetina Minutes SeDtember 19.2005 MOTION CARRIED. 5-0. B. Resolutions 1. Resolution No. 3876 03.1 ANX05-0002 Nichols Annexation A Resolution of the City Council of the City of Auburn, Washington, relating to its intention to annex certain property located in King County adjacent to the City's western boundary Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3876. In response to a question from Councilmember Peloza, Director Krauss advised that any development proposal for the annexation area would go before the Hearing Examiner for recommendation to the full Council. Councilmember Peloza expressed concern with traffic mitigation and surface water runoff for any proposed development of the annexation area. Councilmember Singer inquired regarding the development standards for the property under King County. Director Krauss stated that the property is developable in the County using County development standards. Access to the City's sewer, requires annexation to the City. Councilmember Wagner expressed support for the annexation and preference for development of the property according to City standards rather than County standards. MOTION CARRIED. 6-0. 2. Resolution No. 3877 05.1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk to execute an agreement with Ingrid Lahti to design, fabricate and install a directional artwork at the southeast corner of Auburn Way South and F Street Southeast Page 12 City of Auburn Council Meetina Minutes SeDtember 19.2005 Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3877. MOTION CARRIED. 6-0. 3. Resolution No. 3886 A3.17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Lease Agreement between the City and New Cingular Wireless PCS, LLC, for the purpose of leasing property for communication equipment Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 3886. MOTION CARRIED. 6-0. 4. Resolution No. 3909 A3.14 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a nonexclusive supplemental franchise to Auburn's existing Franchise Agreement with Pierce County for the purpose of providing sanitary sewer services Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 3909. MOTION CARRIED. 6-0. 5. Resolution No. 3910 A3.12.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract for Public Defense Services for calendar year 2006 - 2007 between the City and the Law Offices of Matthew J. Rusnak Resolution No. 3910 was removed from the agenda. 6. Resolution No. 3911 03.1 ANX05-0003 Christ Church Annexation Page 13 City of Auburn Council Meetina Minutes SeDtember 19. 2005 A Resolution of the City Council of the City of Auburn, Washington, accepting a sixty percent petition to annex certain property located in King County adjacent to the City's eastern boundary and setting a public hearing therefore Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3911. MOTION CARRIED. 6-0. 7. Resolution No. 3912 04.9.1 C1014, A3.16.9 RES3713 A Resolution of the City Council of the City of Auburn, Washington, approving and authorizing the Mayor to execute the Agreement to terminate the prior agreement between the City of Auburn and Les Schwab Tire Center of Washington, Inc. Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 3912. MOTION CARRIED. 6-0. 8. Resolution No. 3914 03.1 ANX05-0004 Stipp Annexation A Resolution of the City Council of the City of Auburn, Washington, relating to its intention to annex certain property located in King County adjacent to the City's western boundary Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3914. MOTION CARRIED. 6-0. 9. Resolution No. 3915 03.5 PL T05-0001 and PL T05-0002 A Resolution of the City Council of the City of Auburn, Washington, approving a preliminary plat application for a 169 lot single family residential subdivision known as "Kersey III Division 1" and a 204 lot single family residential subdivision known as "Kersey III Division 2" within the City of Auburn, Washington Page 14 City of Auburn Council MeetinQ Minutes SeDtember 19.2005 (Action on Resolution No. 3915 occurred immediately after Item VII I. A. 1 , Ordinance No. 5948, of these minutes). Councilmember Norman moved and Council member Cerino seconded to conduct a closed record hearing on Resolution No. 3915 (PL T05-0001 and PL T05-0002). MOTION CARRIED. 5-0. IX. MAYOR'S REPORT A. Executive Session No executive session was held. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:08 p.m. APPROVED THIS 3d DAY OF OCTOBER, 2005. -0 Peter B. Lewis, Mayor City Council agendas and minutes are available to the public at the City Clerk's Office, on the City website, and via e-mail. Complete agenda packets are available for review at the City Clerk's Office and at the Library. Internet: http://www.auburnwa.gov Page 15