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HomeMy WebLinkAbout10-03-2005 m '- .~.. ../1' ..~ ? * ~.'._" ~ "},,. ..~'> >_,::'7 "..",j/" '>r CITY COUNCIL MEETING MINUTES _"",,/Jill"'-- WASHINGTON OCTOBER 3, 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. and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Roger Thordarson and Lynn Norman. Staff members present included: City Attorney Daniel B. Heid; Employee Relations and Compensation Manager John Fletcher; Parks, Art and Recreation Director Daryl Faber; Information Services Director Lorrie Rempher; Development Services Coordinator Steven Pilcher; Assistant Fire Chief Mike Gerber; Police Chief Jim Kelly; Planner Bill Mandeville; Public Works Director Dennis Dowdy; Planning, Building and Community Director Paul Krauss; Finance Director Shelley Coleman; Transportation Planner Joe Welsh; Utilities Engineer Duane Huskey and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a. Proclamation - "Walk Across Washington Day" Mayor Lewis declared October 9, 2005 as "Walk Across Washington Day" in the city of Auburn. Mayor Lewis read and presented the proclamation to Parks, Art and Recreation Director Daryl Faber. Director Faber invited community members to participate in the physical activity and fitness event on October 9, 2005 beginning at 1 :00 at Roegner Park. Page 1 City of Auburn Council MeetinQ Minutes October 3. 2005 b. Organizational Changes at City Hall Mayor Lewis announced recent organizational changes at City Hall. Two departments have been renamed to better reflect their areas of responsibility. The Parks and Recreation Department has been renamed Parks, Art and Recreation, and the Planning and Community Development Department is now the Planning, Building and Community Department. Additionally, Mayor Lewis announced a new division in the Mayor's Office, the Communications and Community Relations Division, responsible for managing the City's communications and community relations programs, including the City website, Intranet, GATV, newsletter, and all City publications and press releases; coordination of media/photo coverage of City events, activities and meetings; City participation in events; serving as liaison with community groups/committees; coordination of logistics for meetings, public forums, open houses, tours; maintaining a consistent City image on all forms of City media and communications; and coordination of citizen surveys and Sister City activities. Duanna Richards will manage the Communications and Community Relations Division. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications Agenda modifications included revised Ordinance No. 5949 transmitted under Item VIII.A.4 and correspondence from Jerry Luckenbach received October 3, 2005, regarding Annexation Application ANX05-0003, the Christ Church annexation. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing on Application No. ANX05-0003 03.1 ANXD5-DDD3 City Council to conduct a public hearing on the petition to annex property located in King County adjacent to the City's Page 2 City of Auburn Council Meetina Minutes October 3. 2005 eastern boundary, which area is referred to as the Christ Church Annexation. Planner Bill Mandeville presented the staff report for the Christ Church annexation application. Mr. Mandeville displayed a vicinity map of the proposed annexation area consisting of three parcels with a total area of 6.83 acres. The largest parcel is occupied by the Christ Church and is approximately three acres. The second parcel is referred to as the Spencer property and is approximately 2.5 acres in size. The third parcel is owned by Jerry Luckenbach and is approximately 1.5 acres in size. The city limits are located on the west boundary of the properties. Community of Christ Church representatives initiated the annexation. Mr. Jerry Luckenbach has requested that his property not be included in the annexation area. The King County Assessor's Office has certified the petitions for annexation. Mayor Lewis opened the public hearing. Steven Roberts, 11219 SE 323rd Street SE, Auburn Mr. Roberts identified himself as the Associate Pastor for the Community of Christ Church, and whose wife is Pastor of the church. Mr. Roberts informed the Council that the church congregation has not held a business meeting to officially ratify the petition for annexation. The business meeting will be held this Sunday. In response to a question from Mr. Roberts regarding the requirement to annex in order to receive City utilities, Director Krauss explained that properties requesting City utility services that are adjacent to the city limits must annex. Mr. Roberts also clarified the ownership of the Christ Church property. The property is not owned by Patricia Campbell, but is owned by the World Church, headquartered in Independence, Missouri, and held in trust for the Christ Church congregation. Patricia Campbell represents the Bishop's Office and acts as a representative of the church. In light of the status of the Christ Church's annexation petition, City Attorney Heid suggested the City Council close the public hearing and request clarification from the applicant on the Church's position on the annexation petition before taking any action on Resolution No. 3924. Page 3 City of Auburn Council MeetinQ Minutes October 3, 2005 Councilmember Singer moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Norman moved and Councilmember Cerino seconded to table Resolution No. 3924 until the October 17, 2005 Council meeting. MOTION CARRIED UNANIMOUSLY. 7-0. B. Closed Record Hearings The following are closed record hearings where any public testimony must be strictly limited to the issues involving the proposals and must also be limited to comments "on the record". No new or additional evidence may be allowed. 1. Closed Record Hearing on Application Nos. REZ05-0001, PUD05-0001, PL T05-0001 City Council to conduct a closed record hearing on the request of Wayne Jones, Lakeridge Development for a rezone from R1 (Single Family Residential) to PUD (Planned Unit Development) and planned unit development (and preliminary plat) approval to subdivide 50.60 acres into a 169 lot single family residential subdivision known as "Kersey III, Division 1" and located west of Kersey Way SE at approximately 53rd Street SE, extending 1400 feet west and south 1500 feet to the King County/Pierce County line. 2. Closed Record Hearing on Application Nos. REZ05-0002, PUD05-0002, PL T05-0002 City Council to conduct a closed record hearing on the request of Elwood and Joyce Bolles on behalf of Landholdings, LLC for a rezone from R1 (Single Family Residential) to PUD (Planned Unit Development) and planned unit development (and preliminary plat) approval to subdivide 38.40 acres into a 205 lot single family residential subdivision known as "Kersey III, Division 2" and located ap~roximately 1400 feet west of Kersey Way SE between 49 h Street SE (if extended) and the King County Pierce County line. The project is to be located on the extension of Evergreen Way SE from the existing Lakeland Hills area. Page 4 City of Auburn Council Meetina Minutes October 3. 2005 Mayor Lewis instructed the audience on the closed record hearing procedure. He also announced that due to a possible discrepancy in providing public notice of the closed record hearing, this evening's closed record hearing will be continued to the October 17, 2005 Council meeting. Those persons providing comments tonight will not be allowed to testify again on October 1yth. 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 Councilmember 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 closed record hearing and any consideration of Ordinance No. 5948 and Resolution No. 3915. Councilmember Wagner left the Council Chambers at 7:55 p.m. Councilmember Backus disclosed receipt of several e-mail messages regarding the Kersey III project. She did not respond to the e-mails, and they were forwarded to Mayor Lewis and City Attorney Heid. Councilmember Norman disclosed receipt of several e-mail messages regarding the Kersey III project. She did not read the e- mails. Councilmember Cerino also disclosed receipt of several e-mail messages regarding the Kersey III project. He deleted the e-mails without reading them. Councilmember Singer disclosed that several months ago she had contact with a citizen who lived in the area regarding the environmental impact statement. She also disclosed that she received several e-mails regarding the project, but did not respond to the e-mails. She stated that any prior communications she has had related to the project has not prejudiced her or impaired her ability to fairly judge the applications. Page 5 City of Auburn Council MeetinQ Minutes October 3. 2005 Councilmember Thordarson disclosed receipt of several e-mails regarding the Kersey III project. He did not respond to the e-mails and forwarded them to Mayor Lewis. Council member Peloza disclosed receipt of approximately eight e- mails regarding the Kersey III project. He deleted the e-mails without reading them. Development Services Coordinator Pilcher presented the staff report for the closed record hearing on the Kersey III, Division 1 and Division 2, proposals. An initial application was presented several years ago at which time it was determined that an environmental impact statement should be prepared. The Final Environmental Impact Statement was issued on February 11, 2005. No one filed an appeal of the environmental impact statement. Kersey III, Division 1 is approximately 50.85 acres in size. Division 2 is approximately 38.46 acres. Division 1 consists of 169 lots and Division 2 consists of 204 lots. The area is designated single family residential in the City's Comprehensive Plan, meaning that any type of Planned Unit Development plan can request for densities as high as six dwelling units per acre. The two projects combined are at a density of 4.17 dwelling units per acre. Lots in Division 1 are approximately 5,000 square feet and lots in Division 2 are approximately 5,100 square feet. The majority of the open space for the developments is in Division 1, which contains the Bonneville Power transmission line easement and where some park facilities are being proposed for development. On the site plan, Mr. Pilcher pointed out a tree-lined street, which signifies the extension of Evergreen Way from its current terminus in Lakeland Hills to Kersey Way at the intersection of 53rd Street SE, where a traffic signal will be installed. Sewer will be provided via a temporary sewage lift station on Kersey Way and located as far north as 49th Street and then pumped back up through Kersey III, Division 3 property and then connect to facilities in Lakeland Hills. Water will likely be pumped from the East Valley water main over the Lakeland Hills development to serve the Kersey III project. Mr. Pilcher reported that the proposal provides more park land than is required by City standards. The project includes 7.16 acres of dedicated parkland, including the park improvements. Mr. Pilcher noted that the active amenity areas are outside the power line easement. An open play field will exist under the transmission line easement. Approximately 29 acres of the site is designated as Page 6 City of Auburn Council MeetinQ Minutes October 3. 2005 open space, which includes the storm pond. The development is not part of Lakeland Hills and will neither be subject to the Lakeland Hills traffic impact fees nor the Lakeland Hills fire impact fee. Mr. Pilcher pointed out the mid-block pedestrian connections for the proposed plats. The Hearing Examiner conducted a hearing on the proposals on August 9, 2005 and subsequently recommended approval with conditions. In response to a question from Councilmember Singer, Development Services Coordinator Pilcher advised that most of the parkland is under the transmission lines. The big toy children's play area and a sports court are outside the transmission line easement. Councilmember Peloza inquired regarding impact fees for the project. Mr. Pilcher advised that the development will be subject to traditional traffic impact fees. The area is not part of the Lakeland development and is not subject to the Lakeland transportation impact fees or the Lakeland fire impact fees. Councilmember Thordarson inquired regarding improvements to Kersey Way as part of the proposed project. Transportation Planner Welsh stated that the intersection of Evergreen Way would be aligned east-west with 53rd Street which comes from the east to Kersey Way. In addition, a traffic signal will be installed at the intersection and a left-turn lane southbound to eastbound on Kersey to 53rd and northbound to westbound on Kersey Way to Evergreen. A southbound deceleration lane will be added to Kersey Way to allow traffic to turn right (westerly) from Kersey onto Evergreen Way. Councilmember Singer inquired regarding active sign age on 53rd Street for sharp turns. Transportation Planner Welsh reported that a warning sign for southbound traffic approaching the traffic signal would be installed. Bob Johns, 1500 114th SE, Bellevue, WA, 98004. Mr. Johns identified himself as the attorney for the applicants. He stated that the applicants reviewed the recommendations of the Hearing Examiner and accept the Hearing Examiner's conditions on the project. Mr. Johns requested the Council approve the Hearing Examiner decision. Mr. Johns stated that also in Page 7 City of Auburn Council MeetinQ Minutes October 3, 2005 attendance this evening are the project engineer, project planner, landscape architect and project architect. Mr. Johns requested clarification on who would be able to speak during the closed record hearing. City Attorney Heid responded that the limitations on who can speak at a closed record hearing are not specifically addressed in the code; although any comments must be on the evidence that has been presented. Bill Anderson, 4604 4yth Street SE, Auburn, WA, 98092 Mr. Anderson read and submitted his prepared text for the record. Mr. Anderson contended that the applicant has not demonstrated that conditions have changed to warrant a rezone of the property. Mr. Anderson urged the Council to reject the rezone Gary Cutler, 5626 Randall Avenue SE, Auburn, WA, 98092 Mr. Cutler commented on the environmental impact statement. City Attorney Heid interjected that Mr. Cutler's comments and argument are not on the Hearing Examiner's record and evidence. Mr. Heid also noted that the environmental impact statement for the project was not appealed and any comment about it would be outside the parameters of the closed record hearing. Mayor Lewis invited Mr. Cutler to review the Hearing Examiner record and return to the October 17, 2005 continued closed record hearing to comment on the record. Dawn Jaeckel, 1613 36th Street SE, Auburn, WA, 98002 Ms. Jaeckel expressed concern with the impact of the project on her neighborhood. Joni Cavanuagh Brook, 5501 Bridget Ave SE, Auburn, WA, 98092 Ms. Brook stated that she is interested in receiving the names and addresses of those in attendance at this evening's meeting. Mayor Lewis suggested that Ms. Brook speak to those in attendance outside the Council Chambers. Bob Johns (address previously given) Mr. Johns, attorney for the applicants, offered to provide the City with a copy of the transcript of the Hearing Examiner hearing, which he had prepared by a court reporter. Cathy Gould, 5201 Bridget Avenue SE, Auburn, WA, 98092 Ms. Gould expressed concern with the density of the project and its compatibility with adjacent properties. Page 8 City of Auburn Council MeetinQ Minutes October 3, 2005 Kristi Knott, 1402 Lake Tapps Parkway East, Auburn, WA, 98092 Ms. Knott expressed concern for safety of the neighborhood. She urged Council to vote against the requested rezone. Ms. Knott referred to information contained on the King County web site, which reflects a stream on parcels 322105-9015 and 332105-9017, that is not addressed by the applicant. She also expressed the need for bicycle paths and concern for wildlife in the area. Scott Gessler, 600 Ellingson Road G6, Pacific, WA, 98047 Mr. Gessler identified himself as one of the real estate agents involved with the Bolles' acquisition of the property (Division 2). Mr. Gessler questioned whether water capacity is sufficient to serve the project and the remaining community. Mike Bykonen, 111 176th Avenue East, Sumner, WA, 98390 Mr. Bykonen expressed concern with the project, especially traffic safety, impact on schools, water supply, and storm water runoff. Mr. Bykonen objected to the proposed density of the project. Tom Trott, 297 153rd Street SE (no city given) Mr. Trott agreed with the previous speaker's comments. He expressed concern with the project's impact on traffic and noise pollution. He urged the Council to reject the rezone request. Daryl Thompson, 5126 Foster Avenue SE, Auburn, WA, 98092 Ms. Thompson expressed concern with water supply issues and transportation issues. She also spoke regarding transportation difficulties in the event of a natural disaster. Bill Hedrick, 5015 Heather Avenue SE, Auburn, WA, 98092 Mr. Hedrick spoke regarding providing notice of the continued hearing and objected to the limitation on comments during a closed record hearing and the inability to communicate with the Council regarding a quasi-judicial issue. Council member Backus referred to testimony given by Ms. Knott earlier this evening regarding information on the King County web site regarding a stream on the subject properties. Development Services Coordinator Pilcher clarified that the stream is not on the subject properties, but is located on the third proposed division located between the subject project properties and Lakeland Hills. Kristi Knott (address previously given) Page 9 City of Auburn Council MeetinQ Minutes October 3. 2005 Ms. Knott referred to information on the King County web site that shows a stream along Kersey Way that forks through the two project parcels. Dawn Jaeckel, 1613 36th Street SE, Auburn, WA, 98002 Ms. Jaeckel expressed support for earlier comments relating to transportation and safety. She urged Council to reject the rezone request. Margaret Staples, 5 176th Avenue East, Bonney Lake, WA Ms. Staples read from what appeared to be a notice of a "scoping meeting" (held prior to development of the Draft Environmental Impact Statement). City Attorney interjected and cautioned that Ms. Staples' comments are related to the environmental review and are outside the Hearing Examiner's record. There was no further request from the audience to speak this evening. Councilmember Singer moved and Councilmember Cerino seconded to continue the closed record hearing to the next regular Council meeting on October 17, 2005. MOTION CARRIED. 6-0. In response to a question from Councilmember Backus, Director Krauss explained that once a preliminary plat is approved, Council would not review the plat again until it is presented to the Council as a final plat, which is after the roads and utilities are constructed. Councilmember Cerino questioned the combination of the rezones and plats under one hearing. City Attorney Heid stated that a rezone is approved by Ordinance and a plat is approved by Resolution. City Attorney Heid also added that the Council has the ability to approve, reject or remand the applications to the Hearing Examiner. In response to a question from Councilmember Singer, Director Krauss stated that the subject property has been zoned R-1 residential for at least the past twelve years. Councilmember Singer inquired regarding whether a roundabout is planned for Lakeland Hills Way and Evergreen Way. Transportation Planner Welsh advised that both a roundabout and Page 10 City of Auburn Council Meetina Minutes October 3. 2005 a traffic signal were analyzed and both were determined to be effective and equally safe. A roundabout will be constructed if adequate property is available, otherwise a traffic signal will be installed. Mayor recessed the meeting at 9:00 p.m. for a five-minute intermission. Mayor Lewis reconvened the meeting at 9:07 p.m. Councilmember Wagner returned to the Council Chambers at this time. Councilmember Norman moved and Councilmember Cerino moved to table Ordinance No. 5948 and Resolution No. 3915 until the next regular Council meeting on October 17, 2005. MOTION CARRIED. 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. Steve Pilcher, 1601 Crystal Lane Loop, Puyallup, WA Mr. Pilcher, speaking as a private citizen, brought to the Council's attention a recent Airlift Northwest helicopter crash in which the pilot and two nurses were killed. Mr. Pilcher's wife works for Airlift Northwest, and he would like to recognize the crews of Airlift Northwest for their work in providing transport and in-flight medical care to critical ill or injured patients. He advised that a memorial service will be held Thursday at 11 :00 at Boeing Field. D. Correspondence 1. An e-mail from Jerry R. Luckenbach received October 3, 2005 regarding Annexation Application No. ANX05-0003. 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 Ordinance No. 5945 relating to fireworks, Resolution No. 3910 authorizing a contract for public defense services, and Resolution No. 3923 adopting the Golf Course Clubhouse Feasibility Study. The Committee also discussed solid waste service in the Lea Hill area, Page 11 City of Auburn Council MeetinQ Minutes October 3. 2005 Police policy regarding gas drive offs, Resolutions 3921 and 3922 regarding salmon habitat and water quality, Auburn Mental Health Court, Ordinance No. 5949 establishing a domestic violence penalty assessment fund, and a draft ordinance relating to Council compensation. The next regular meeting of the Municipal Services Committee is scheduled for October 17, 2005 at 5:00 p.m. B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met September 26, 2005. The Committee conducted a public hearing on Resolution No. 3918 regarding a Utilities Extension Agreement for Jerry and Michele Wilson, Resolution No. 3917 approving a concessionaire agreement with Auburn Mountainview High School Dance Team, and Resolution No. 3916 accepting a grant from 4Culture. The Committee also discussed the Peasley Canyon Gateway project and the status of the Gateway Program, private roads access for emergency vehicles, fees for zoning confirmation letters, and sex offender community protection zones. Chair Norman also announced that the City received a letter from the State of Washington Department of Community, Trade and Economic Development recognizing the City for its new Critical Areas Ordinance. She commended staff members and Council Committee members for their efforts on the Critical Areas Ordinance. The next regular meeting of the Planning and Community Development Committee is scheduled for October 10,2005 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met September 26, 2005. The Committee discussed modifying city standards for streets and roads. The Committee recommended approval of contract administration items including a consultant agreement with Eglick, Kiker, Whited for legal representation related to water rights, contract award for the Kersey Way/Oravetz Road signal, contract award for the City Channelization Project, and a final pay estimate on the Citywide Patching for Non-classified Streets Project. The Committee also recommended approval of Ordinance No. 5952 authorizing a Public Way Agreement with 360 Networks, Ordinance No. 5951 authorizing a Public Way Agreement with AT&T, and Ordinances 5946 and 5947 relating to prohibited parking areas. The Committee also discussed priyate streets and access tracts, parking on I Street NE, the 3yth Street infiltration facility, and water security. The next regular meeting of Page 12 City of Auburn Council MeetinQ Minutes October 3, 2005 the Public Works Committee is scheduled for October 10, 2005 at 3:30 p.m. D. Finance Chair Backus reported the Finance Committee met this evening at 6:30 p.m. The Committee recommended approval of consent items including claims and payroll vouchers. The Committee recommended approval of Ordinance No. 5949 establishing a domestic violence penalty assessment fund, Resolution No. 3910 approving a contract for public defense services with Matthew J. Rusnak, and Resolution No. 3919 approving surplus property. The Committee also discussed a proposed Auburn recycling facility, a recommendation on an emergency notification system, Resolution No. 3923 adopting the Golf Course Clubhouse feasibility study, and a draft ordinance relating to Council compensation. The next regular meeting of the Finance Committee is scheduled for October 17,2005 at 6:30 p.m. IV. COUNCILMEMBER REPORTS At this time Counci/members may report on items not specifically described on the agenda, which are of interest to the community. Mayor Pro Tem Singer reported on her meeting with Pierce County Councilmember Shawn Bunney regarding the priority status of Highway 167 widening and construction with the State Department of Transportation and Regional Transportation Investment District. Mayor Pro Tem also provided a three-hour tour of the City of Auburn to the marketing director for the Supermall. Mayor Pro Tem Singer announced that she will be attending a three-day regional leadership conference representing the Puget Sound Regional Council and the City of Auburn. Councilmembr Wagner reported on last week's meeting of the Highway 164 Corridor Working Group and announced that one of the Working Group's open house meetings will be held tomorrow night at Chinook Elementary School in Auburn. Councilmember Wagner also reported that he represented the City at the ribbon cutting ceremony for the new 9th Street project (north leg of the Lake Tapps Parkway) in Auburn (Pierce County). Councilmember Backus announced that she and her family will be participating in the Walk Across Washington event on October 9th at 1 :00 and encouraged others to attend this fitness event. Page 13 City of Auburn Council Meetina Minutes October 3. 2005 Councilmember Norman encouraged attendance at the October 15 and 16,2005 performances of Auburn Symphony Orchestra at the Performing Arts Center. Councilmember Thordarson reported he attended the September 20, 2005 open house for the White River Valley Museum toy display, the September 21, 2005 Regional Transit Committee meeting, and the King County Sexual Assault Resource Center fund raising event at Emerald Downs. Councilmember Peloza reported on his attendance at the September 21, 2005 Water Resource Inventory Area (WRIA) 9 meeting where the main topics of discussion were the 2006 budget and the salmon habitat plan. Councilmember Peloza also reported attending the King County Sexual Assault Resource Center fund raising event and the annual Auburn Sons of Italy dinner/dance. Mayor Lewis reported that the City is working on a number of issues including pursuing a portion of the Lake Tapps water supply from Cascade Water Alliance, City development standards in potential annexation areas located in King County, the impacts of a potential agreement among cities and possible legislation relating to streamline sales tax, and goals for the Valley Cities Association. V. CONSENT AGENDA 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 19, 2005 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 345131 through 345535 in the amount of $1,082,824.38 and dated October 3,2005. 2. Payroll Payroll check numbers 513695 to 513831 in the amount of $315,888.02 and electronic deposit transmissions in the amount of $1,059,956.10 for a grand total of $1,375,844.12 Page 14 City of Auburn Council MeetinQ Minutes October 3. 2005 for the pay period covering September 15, 2005 to September 28, 2005. C. Contract Administration 1. Public Works Consultant Agreement AG-C-257 A3.16.9 City Council grant permission to enter into Consultant Agreement No. AG-C-257 with Eglick, Kiker, Whited for legal representation related to water rights applications from the Lake Tapps Project 2. Public Works Project C205A 04.9.1 PR C2D5A City Council award Small Works Contract 02-11, Project C205A, Kersey Way/Oravetz Road Signal, MT Electric on their low bid of $179,064.00 3. Public Works Project MS 797 04.9.1 MS 797, City Council award Small Works Contract 05-22, Project MS 797, City Channelization Project, to Road Runner Striping on their low bid of $66,777.10 4. Public Works Project C502B 04.9.1 PR C5D2B City Council approve Final Pay Estimate NO.3 in the amount of $8,015.36, Contract 05-14 with Northwest Asphalt, and accept construction of Project C502B, 2005 Citywide Patching Non-classified Streets Councilmember Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. VI. UNFINISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES AND RESOLUTIONS Page 15 City of Auburn Council MeetinQ Minutes October 3. 2005 A. Ordinances 1. Ordinance No. 5946 01.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.290 of the Auburn City Code relating to prohibited parking areas Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 5946. Councilmember Wagner explained that the Ordinance prohibits parking in the vicinity of the right-turn area on 8th Street NE and will improve safety in the area. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 5947 01.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.300 of the Auburn City Code relating to prohibited parking areas Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 5947. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5948 03.8 REZD5-0DD1 & REZD5-00D2, 03.6 PUDD5-DDD1 & PUDD5-DDD2 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 Ordinance No. 5948 was tabled until October 17, 2005 (See action under Item 11.8 of these minutes.) 4. Ordinance No. 5949 F4.2.9 Page 16 City of Auburn Council MeetinQ Minutes October 3. 2005 An Ordinance of the City Council of the City of Auburn, Washington amending Section 9.26.900 of the Auburn City Code regarding domestic violence penalty assessments Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 5949. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5951 A3.1D.9 An Ordinance of the City Council of the City of Auburn, Washington, approving a Public Way Agreement with AT&T Corp Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 5951. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 5952 A3.1D.9 An Ordinance of the City Council of the City of Auburn, Washington, approving a Public Way Agreement with 360Networks Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 5952. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. 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 years 2006 - 2007 between the City and the Law Offices of Matthew J. Rusnak Page 17 City of Auburn Council MeetinQ Minutes October 3, 2005 Councilmember Backus moved and Councilmember Norman seconded to adopt Resolution No. 3910. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3913 A3.13.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Payback Agreement for Developer's Extension between the City of Auburn and Evergreen Tucci Partners Councilmember Wagner moved and Council member Thordarson seconded to adopt Resolution No. 3913. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 3915 03.5 PL T05-0001 & PL T05-0002, 03.6 PUD05-0001 & PUD05-0002, 03.8 REZ05-0001 & REZ05-0002 A Resolution of the City County 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 Resolution No. 3915 was tabled until October 17, 2005. (See action under Item II.B of these minutes.) 4. Resolution No. 3916 05.1 A Resolution of the City Council of the City of Auburn, Washington, accepting the appropriation and expenditure of Four Thousand Nine Hundred Twenty and No/100 Dollars ($4,920) in grant funds from the Cultural Development Authority of King County ("4Culture") and authorizing the Mayor and City Clerk to execute the contract with "4Culture" on behalf of the City Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3916. MOTION CARRIED UNANIMOUSLY. 7-0. Page 18 City of Auburn Council MeetinQ Minutes October 3. 2005 5. Resolution No. 3917 0.5.1 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 Auburn Mountainview High School Dance Team for the concession operations at the Brannan Park Ballfields for 2005 Councilmember Norman moved and Council member Cerino seconded to adopt Resolution No. 3917. MOTION CARRIED UNANIMOUSLY 7-0. 6. Resolution No. 3918 A3.13.20 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Outside Utility Extension Agreement between the City of Auburn and Jerry and Michele Wilson and Cory Martin/Ron Fernley, Pacific West Development LLC for extension of water and sewer services to property located 30302 124th Avenue SE (NE corner of 124th Avenue SE and SE 304th Street) Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3918. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 3919 F4.6.1 A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Councilmember Backus moved and Council member Norman seconded to adopt Resolution No. 3919. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Resolution No. 3924 03.5 ANX05-0003 Page 19 City of Auburn Council MeetinQ Minutes October 3. 2005 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 eastern boundary Resolution No. 3924 was tabled until October 17, 2005. (See action under Item 11.A.1 of these minutes.) 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 9:41 p.m. APPROVED THIS \ ('U'--OAY OF OCTOBER, 2005. /-> J , D1t~~ 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 20