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CITY COUNCIL
MEETING MINUTES
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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
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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
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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
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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.
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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)
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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
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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
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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
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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
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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
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