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Home My WebLink About11-21-2005 * ""0'"" * "" PJc II;jTYOFB "" ~-B""~RN.hl!~> '" ';!!+ ,. . "", ...... -/,.' .' ,:;:;.,~, * "5#' WASHINGTON CITY COUNCIL MEETING MINUTES November 21,2005 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor 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, Nancy Backus, Bill Peloza, Roger Thordarson and Lynn Norman. Councilmember Gene Cerino was excused from the meeting. Staff members present included: Human Resources and Risk Management Director Brenda Heineman; Finance Director Shelley Coleman; Information Services Director Lorrie Rempher; Public Safety Director Jim Kelly; City Attorney Daniel B. Heid; Planning, Building and Community Director Paul Krauss; Public Works Director Dennis Dowdy; Cultural Arts Manager Lori Patrick; Planner Bill Mandeville; Community Development Manager David Osaki; Senior Planner AI Hicks; Parks Planning and Development Manager Dan Scamporlina; and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - "Don't Drink and Drive Week" Mayor Lewis read and presented a proclamation declaring the week of November 28 through December 2, 2005 as "Don't Drink and Drive Week" in the City of Auburn. Members of Auburn High School DECA Club, Alex Johnson and Joni Gibson, were present to receive the proclamation. Page 1 Citv of Auburn Council Meetina Minutes November 21, 2005 2. Appointments There was no appointment for Council consideration. D. Agenda Modifications There was no agenda modification. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Mayor Lewis cautioned the audience that the Council is unable to make or accept any comments regarding quasi-judicial matters other than during a closed record hearing. Jonie Brooke, 5501 Bridgett Avenue SE, Auburn Ms. Brooke inquired regarding the proposal to remand the Kersey III applications back to the Hearing Examiner (as proposed under Item VI.A.1 of these minutes). City Attorney Heid stated that if the Council passes Resolution No. 3947 this evening, the Kersey III applications will be remanded to the Hearing Examiner for an open record hearing. C. Correspondence No correspondence was received for Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Vice Chair Peloza reported the Municipal Services Committee met this evening at 5:00. The Committee discussed Ordinance No. 5967 creating a new section relating to no parking areas on Green River Road from 10:00 p.m. to 6:00 a.m. The Committee also reviewed solid waste code provisions and rate analysis and discussed future contract negotiations with Kent Meridian Solid Waste. The Committee also discussed prohibited parking places (proposed Ordinance No. 5965) and street naming and addressing procedures and policies. The next regular meeting of the Municipal Services Committee is scheduled for December 5, 2005 at 5:00 p.m. Page 2 Citv of Auburn Council Meetina Minutes November 21. 2005 B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met November 14, 2005. The Committee discussed Resolution No. 3941 accepting a Western State Arts Federation Grant, Resolution No. 3940 accepting a grant from 4Culture, Resolution No. 3945 relating to a public art project on West Main Street, Resolution No. 3944 adopting economic development strategies, Resolution No. 3943 relating to an outside utility extension agreement, Resolution No. 3939 regarding a grant from the Department of Ecology, Resolution No. 3934 approving an interlocal agreement with Pierce County, Resolution No. 3938 adopting the 2006 Consolidated Plan Action Plan, proposed Comprehensive Plan amendments, school impact fees, and other items as described in the Committee minutes. The next regular meeting of the Planning and Community Development Committee is scheduled for November 28, 2005 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met November 14, 2005. The Committee recommended approval of Resolution No. 3946 adopting a traffic calming program, contract administration items including a utility study for the North Lake Tapps area, and Resolution No. 3902 approving an agreement with Evergreen Tucci Partners related to the utility study mentioned previously. The Committee also discussed 2005 Comprehensive Plan amendments including school impact fees, changes in standards for access tracts and private streets, alternate access for the Miles Sand and Gravel Company during the closure and reconstruction of Auburn-Black Diamond Road, utility system development charges, and water level of service. The Committee also recommended that the subject of sidewalk specifications be included for discussion at the next Committee of the Whole meeting. The next regular meeting of the Public Works Committee is scheduled for November 28, 2005 at 3:30 p.m. D. Finance Chair Backus reported the Finance Committee met this evening at 6:30. The Committee discussed and recommended approval of consent items, including claims and payroll vouchers, and Ordinance No. 5956 setting the 2006 property tax levy. The Committee also discussed school impact fees. The next regular meeting of the Finance Committee is scheduled for December 5, 2005 at 6:30 p.m. Page 3 Citv of Auburn Council Meetina Minutes November 21.2005 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 congratulated Mayor Lewis and Councilmembers Cerino, Backus and Wagner for their recent re-election. Mayor Pro Tem Singer reported that she spoke before the Auburn Garden Club regarding the Auburn Environmental Park. She also reported on her attendance at the Grief Works fund raising event, a meeting regarding the proposed one-stop human services center, the Chamber of Commerce holiday dinner, the Suburban Cities networking dinner, the Council's budget workshop, a Tourism Board meeting, and the Council's closed record hearing on the River Sand development. Councilmember Wagner reported on his attendance at a Regional Access Mobility Project meeting in Pierce County, where discussion centered on improvements to Highway 167. Councilmember Backus reported she attended several of the meetings already described by Mayor Pro Tem Singer. Councilmember Norman reported that she attended many of the events described by Mayor Pro Tem Singer earlier. Additionally, Councilmember Norman reported on her discussions with Pacific Lutheran University on economic development issues and the Auburn Environmental Park, participation in the prime time learning event at Green River Community College, and on her attendance at the Puget Sound Regional Council's Growth Management Policy Board meeting. Councilmember Thordarson reported he attended many of the events highlighted by Mayor Pro Tem Singer earlier. He also reported on his attendance at the Multi Service Center fund raising event, a Highway 167 Task Force meeting, and an organizational meeting for a free health clinic in Auburn. Councilmember Peloza reported on his attendance at the Chamber of Commerce Holiday Auction and Dinner, the Council's budget workshop session, and the Council's closed record hearing on the River Sand land use project. Council member Peloza announced that on December 3rd from 10:00 a.m. to 2:00 p.m. a restoration planning event will be held at the Olson Farm located on Green River Road. Councilmember Peloza also thanked Mayor Pro Tem Singer for substituting for Councilmember Cerino at this evening's Municipal Services Committee meeting. Page 4 City of Auburn Council Meetina Minutes November 21. 2005 Mayor Lewis announced that the annual Santa Parade will be held December 3rd beginning at approximately 4:30 p.m. The parade will travel down Main Street and end at the City Hall courtyard. The event will conclude with singing and lighting of the City holiday tree. Mayor Lewis spoke regarding the social service needs in the south King County area and a recent organizational meeting for a free medical clinic for the area. Mayor Lewis also reported that the City is the recipient of $1.7 million from the federal government to construct a portion of A Street from 3rd Street NW to 6th Street NW. The funding is part of the 2006 Transportation Appropriations Bill. Mayor Lewis also reported on a recent tour of Kent Station; dedication of Auburn's newest high school, Mountain View, this past weekend; a benefit concert for veterans in need; and a meeting with the representatives from the ports, Burlington Northern Railroad, Puget Sound Regional Council, and warehousing businesses regarding the impacts of streamlined sales tax for cities in the valley region. 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 November 7, 2005 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 346519 through 346927 in the amount of $2,374,916.09 and dated November 21,2005. 2. Payroll Payroll check numbers 514120 to 514262 in the amount of $667,743.30 and electronic deposit transmissions in the amount of $979,143.09 for a grand total of $1 ,646,886.39 for the pay period covering November 3, 2005 to November 16, 2005. C. Contract Administration 1. Public Works Project No. C1006 04.9.1 C1006 Page 5 Citv of Auburn Council Meetina Minutes November 21. 2005 City Council to grant permission to advertise for bids for Project No. C1006, 3rd/Cross Street Road Improvements 2. Public Works Project No. C228A 04.6.2 C228A City Council to approve Final Pay Estimate No. 6 and Change Order No.2 in the amount of $83,507 to Contract 04-24 with Rodarte Construction, Inc. and accept construction of Project No. C228A, 2004 Sanitary Sewer Repair and Replacement Program 3. Public Works Project No. C308A 04.12.1 C308A City Council approve Final Pay Estimate No. 3 to Contract 04-27 with Serpanok Construction and accept construction of Project No. C308A, Sidewalk Improvements Project 4. Consulant Agreement No. AG-C-253 with Roth Hill Engineering A3.16.9 City Council grant permission to enter into Consultant Agreement No. AG-C-253 with Roth Hill Engineering Partners, LLC for water and sanitary sewer utility service planning for the South Lakeland Hills I North Lake Tapps area D. Veterans Park Locomotive Relocation 05.1.2 City Council to authorize staff to proceed with a relocation plan for the Veterans Park locomotive. Councilmember Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED. 6-0. VI. UNFINISHED BUSINESS A. Kersey III, Divisions 1 and 2 (Alternative 1 - Remand) 1. Application Nos. REZ05-0001, PUD05-0001 and PLT05- 0001 03.6 PUD05-0001 Page 6 Citv of Auburn Council Meetinll Minutes November 21. 2005 Council consideration 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. Councilmember Wagner disclosed 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 until Council actions regarding Kersey III have been completed. Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3947 remanding Kersey III, Divisions 1 and 2 applications to the Hearing Examination for consideration for specific issues. Resolution No. 3947 A Resolution of the City Council of the City of Auburn, Washington, remanding the application for preliminary plat approval for residential subdivisions known as Kersey III Divisions 1 and 2, and request for a rezone of the property from R-1 Single Family Residential to PUD Planned Unit Development to the Hearing Examiner MOTION CARRIED. 5-0. Councilmember Wagner returned to the dais at this time. Page 7 City of Auburn Council Meetinll Minutes November 21. 2005 2. Application Nos. REZ05-0002, PUD05-0002 and PL T05- 0002 03.6 PUD05-0002 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. See Item VI.A.1 for action related to this item. B. Ordinance No. 5950 F4.3 An Ordinance of the City of Auburn, Washington, amending Sections 19.02.060 and 19.02.120 of the Auburn City Code regarding school impact fees Councilmember Norman moved and Council member Backus seconded to table Ordinance No. 5950 to the December 5, 2005 Council meeting. MOTION CARRIED. 6-0. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5956 F6.6.3 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the levy of regular property taxes by the City of Auburn for collection in 2006 Page 8 Citv of Auburn Council Meetinll Minutes November 21.2005 Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 5956. Councilmember Wagner questioned the wording of the last sentence of Section 1, specifically the reference to a 103% increase from the previous year. Finance Director Coleman explained that the increase is three percent, but is 103% of last year's levy. MOTION CARRIED. 6-0. 2. Ordinance No. 5967 01.2 An Ordinance of the City Council of the City of Auburn, Washington, creating a new Section 10.36.346 of the Auburn City Code relating to no parking between 10:00 p.m. and 6:00 a.m. Councilmember Peloza moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5967. MOTION CARRIED. 6-0. B. Resolutions 1. Resolution No. 3902 A3. 1320,04.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn (the City) and Evergreen Tucci Partners, LLC (ETP), for project management and reimbursement related to utility service area feasibility studies Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 3902. In response to a question from Councilmember Peloza, City Attorney Heid explained that the indemnification clause of the agreement is sufficiently broad and includes the City, its officers, employees, agents, and assigns, which includes City officials. Page 9 City of Auburn Council Meetinll Minutes November 21. 2005 MOTION CARRIED. 6-0. 2. Resolution No. 3934 A1.17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amendment to an Interlocal Agreement with Pierce County and the cities and towns of Pierce County relating to the creation of an intracounty organization, as recommended by the Pierce County Regional Council. Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3934. MOTION CARRIED. 6-0. 3. Resolution No. 3938 03A1.7 A Resolution of the City Council of the City of Auburn, Washington, adopting the Program Year 2006 Action Plan for the Consolidated Plan for years 2005 to 2008 Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3938. MOTION CARRIED. 6-0. 4. Resolution No. 3939 F5.2.7,03A2.8 A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the State of Washington Department of Ecology in the amount of One Hundred Fifty Thousand Dollars ($150,000) to update the City's Shoreline Master Program, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3939. MOTION CARRIED. 6-0. 5. Resolution No. 3940 F5.5 Page 10 Citv of Auburn Council Meetinll Minutes November 21. 2005 A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Cultural Development Authority of King County ("4Culture") and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3940. MOTION CARRIED. 6-0. 6. Resolution No. 3941 F5.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from Western State Arts Federation (WEST AF) and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3941. MOTION CARRIED. 6-0. 7. Resolution No. 3943 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 Noble Fir Enterprises LLC (Owner) and Integrity Land LLC (Developer) for the extension of water and sewer services to property generally located at the intersection of 132nd Avenue SE and SE 304th Street Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3943. In response to a question from Councilmember Wagner, Community Development Manager David Osaki explained that Lots 15 and 16 are both accessed from Tract D and the extension of Tract E. Because of the length of the tracts, future houses will be required to be sprinkled. MOTION CARRIED. 6-0. Page 11 City of Auburn Council Meetinll Minutes November 21. 2005 8. Resolution No. 3944 03.4.1.6 A Resolution of the City Council of the City of Auburn, Washington, adopting those economic development strategies contained in the City of Auburn Economic Development Strategies brochure Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3944. MOTION CARRIED. 6-0. 9. Resolution No. 3945 05.1.3 A Resolution of the City Council of the City of Auburn, Washington, designating the Non-motorized Improvement Project at West Main Street as the 2006 Public Art Project Site Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 3945. MOTION CARRIED UNANIMOUSLY. 6-0. 10. Resolution No. 3946 04.10 A Resolution of the City Council of the City of Auburn, Washington, approving the Neighborhood Traffic Calming Program Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 3946. MOTION CARRIED. 6-0. IX. MAYOR'S REPORT A. Executive Session Mayor Lewis recessed the meeting to executive session at 8:27 p.m. for approximately fifteen minutes in order to discuss potential litigation pursuant RCW 42.30.11 0(1)(i). Page 12 Citv of Auburn Council Meetinll Minutes November 21. 2005 X. ADJOURNMENT At 8:52 the executive session concluded and Mayor Lewis adjourned the meeting to closed session to discuss labor negotiations pursuant to RCW 42.30.140(4)(b). APPROVED THIS ~- :::..>. DAY OF DECEMBER, 2005. :l. ~/L Peter B. Lewis, Mayor City Council agendas and minutes are available to the public at the City Clerk's Office, on the City web site, 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 13