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HomeMy WebLinkAbout03-06-2006 CITY COUNCIL MEETING MINUTES * March 6, 2006 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: Development Services Coordinator Steven Pilcher, City Attorney Daniel B. Heid, Parks, Arts and Recreation Director Daryl Faber, Chief of Public Safety Jim Kelly, Information Services Director Lorrie Rempher, Planner Bill Mandeville, Planning, Building and Community Director Paul Krauss, Employee Relations and Compensation Manager John Fletcher, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, and Deputy City Clerk Cathy Richardson. C. Announcements and Appointments 1. Announcements 2. Appointments a) Human Services Committee City Council to confirm the appointment of Mike Harbin Sr. to the Human Services Committee to a three year term expiring December 31, 2008. Councilmember Singer moved and Councilmember Wagner seconded to confirm the appointment of Mike Harbin Sr. to the Human Services Committee. Page 1 City of Auburn Council MeetinQ Minutes March 6. 2006 MOTION CARRIED UNANIMOUSLY. 7-0. b) Airport Advisory Board City Council to confirm the reappointment of Gary Risner to the Airport Advisory Board for a three year term expiring December 31,2008. Councilmember Singer moved and Councilmember Wagner seconded to confirm the appointment of Gary Risner to the Airport Advisory Board. MOTION CARRIED UNANIMOUSLY. 7-0. c) Planning Commission City Council to confirm the appointment of Darci Bid man to the Planning Commission to fill an unexpired term expiring December 31,2007. Councilmember Singer moved and Councilmember Wagner seconded to confirm the appointment of Darci Bidman to the Planning Commission. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmembers Singer and Peloza expressed appreciation to Yvonne Ward for her service on the Planning Commission. D. Agenda Modifications Agenda modifications included the transmittal of revised Ordinance No. 5968 and a revised agreement to Resolution No. 3977. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Page 2 City of Auburn Council MeetinQ Minutes March 6. 2006 1. 2006 Local Law Enforcement Justice Assistance Grant F5.4.1 The City of Auburn's application for funding under the Department of Justice Local Law Enforcement Justice Assistance Grant (JAG) Program has been approved in the amount of $26,308 for the purpose of reducing crime and improving public safety. The City of Auburn proposes to utilize the grant to pay overtime costs for police officers engaged in community policing activities. Special conditions of the grant award require the City to encourage participation regarding the proposed use of the grant. Mayor Lewis opened the public hearing. No one in the audience requested to speak. Mayor Lewis closed the public hearing. 2. 2005 Consolidated Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant Program 03.4.1.7, F5.4.3 The CAPER is an overall review of housing and community development activities undertaken in Auburn during 2005. Its primary purpose is to inform the citizens of Auburn how and where the federal funds are spent, and assess the program accomplishments as they relate to housing and community development goals set forth in the Consolidated Plan. The purpose of this hearing is to solicit public comments prior to approval of the CAPER and submission of the report to the U.S. Department of Housing and Urban Development. Mayor Lewis opened the public hearing. Joe PoaQe. 112 "J" Street SE, Auburn Mr. Poage inquired regarding methods of notification to the public related to the CAPER. Director Krauss reviewed various processes regarding legal publications and distribution of the CAPER for public review. No one else requested to speak. Page 3 City of Auburn Council MeetinQ Minutes March 6. 2006 Mayor Lewis closed the public hearing. B. Closed Record Hearing The following is a closed record hearing 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. Application Number VAR05-0013 03.10.5 VAR05-0013 City Council to conduct a closed record hearing on the appeal filed by Juan Carlos and Candace Picazo on the Hearing Examiner's decision to deny their application for a variance to allow for a front yard fence to exceed the maximum height requirements on property located at 1111 29th Street SE. Development Services Coordinator Steven Pilcher distributed a photograph of the fence involved in the application for a variance which was presented at the public hearing before the Hearing Examiner. Mr. Pilcher noted that the agenda bill incorrectly states the fence height as 6 feet 9 inches. The fence height is actually 69 inches at its highest point. Mr. Pilcher explained that building permits are not required for fences under six feet in height. City code limits the height of a fence within a front yard to no greater than 42 inches, but does not discriminate on the type of fencing installed. The fence installation was brought to the City's attention via code enforcement action as the applicant did not obtain an electrical permit. An electrical permit is required by the applicant for the installation of an electronically operated gate in the fence. Mr. Pilcher reported that a public hearing was held before the Hearing Examiner at which the applicant was absent. Neither the Hearing Examiner nor City staff were able to determine that the request for variance application met all the criteria required for granting the variance, even though it is a very attractive fence which may provide a positive addition to the neighborhood. Page 4 City of Auburn Council MeetinQ Minutes Marc h 6. 2006 Councilmember Peloza inquired regarding the total length of the fence and why the applicant was unable to attend the public hearing. Mr. Pilcher stated that the project is approximately seventy- five to eighty feet in length. Mr. Pilcher also reported that he is unsure of the exact reason for the applicant's absence at the public hearing, although a language barrier may be part of the issue. The applicant simply may not have understood the process or the paperwork. At the request of Mayor Lewis, City Attorney Heid reviewed the closed record hearing process. City Attorney Heid stressed that evidence or information to be presented this evening must be limited to that which was presented to the Hearing Examiner. Mayor Lewis opened the closed record hearing. Candace Picazo. 1111 29th Street SE. Auburn Ms. Picazo indicated that she is co-applicant on the variance request. Ms. Picazo stated that she and Mr. Picazo were unable to attend the public hearing before the Hearing Examiner. Mr. Picazo is not fluent in English and she could not get the evening off from work. Ms. Picazo stated that this is the first home owned by herself and Mr. Picazo. They installed the fence because they wanted to beautify and protect their property. Ms. Picazo confessed that they were unaware of the requirements related to obtaining the proper permits for the installation of the fence. Ms. Picazo stated that they are appealing the Hearing Examiner's decision because of the tremendous amount of work by Mr. Picazo and the expense involved in installing the fence. Ms. Picazo stressed that they were only trying to improve their home and neighborhood by installing the fence. Ms. Picazo implored Council to consider granting the variance. Discussion followed regarding the criteria for approving, modifying, or rejecting the Hearing Examiner's decision. No one else requested to speak. Mayor Lewis closed the closed record hearing. Page 5 City of Auburn Council MeetinQ Minutes March 6. 2006 Councilmember Norman moved and Councilmember Cerino seconded to reject the Hearing Examiner's decision and approve the variance with the condition that all proper permits be obtained by the applicant. Councilmember Peloza revealed that he made a site visit of the subject property today and recused himself during deliberations on the request for variance application. Councilmember Norman noted that the Planning and Community Development Committee is in the process of considering code revisions regarding fence heights and allowable fencing materials. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Peloza returned to the Council Chambers at this time. C. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. No one in the audience requested to speak. D. Correspondence No correspondence was received. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported that the Municipal Services met this evening at 5:00. The Committee discussed and recommends approval of Ordinance 5968 and Resolution No. 3977 per the agenda modification. The Committee also received reports on the electrical inspection program and Fire Station projects, and discussed the red light photo enforcement program. Chair Cerino also reported that the City of Kent has withdrawn from discussion regarding implementation of a regional fire district. The next regular meeting of the Municipal Services Committee is scheduled for March 20, 2006 at 5:00 p.m. Page 6 City of Auburn Council MeetinQ Minutes March 6. 2006 B. Planning & Community Development Chair Norman reported that the Planning and Community Development Committee met February 27, 2006 at 5:00 p.m. The Committee discussed and recommends approval of Resolution Nos. 3990, 3991, 3992, and 3993. The Committee reviewed the noise ordinance and received a presentation on Mary Olsen Farm. Chair Norman commented on the great citizen participation in cleaning up the stream and clearing blackberries at the farm. The Committee also held a joint meeting with the Human Services Committee to discuss plans on restructuring human services funding. The next regular meeting of the Planning and Community Development Committee is scheduled for March 13, 2006 at 5:00 p.m. C. Public Works Chair Wagner reported that the Public Works Committee met February 27, 2006 at 3:30 p.m. The Committee discussed and recommends approval of contract administration items, Ordinance Nos. 5974, 5995, and 6005, and Resolution No. 3998. The Committee also discussed lahar route signage and Lea Hill street lighting, and rejected a proposal from King County related to reciprocal collection of traffic impact fees. The next regular meeting of the Public Works Committee is scheduled for Friday, March 10, 2006 at 3:00 p.m. D. Finance Chair Backus reported that the Finance Committee met this evening at 6:30. The Committee discussed and recommends approval of claims and payroll vouchers and Ordinance No. 5968. The Committee also discussed fire station projects, Resolution Nos. 3977, 3986, and 3987, Ordinance Nos. 6004 and 6005, and communicating and responding to critical issues via the City's website. The next regular meeting of the Finance Committee is scheduled for March 20, 2006 at 6:30 p.m. IV. COUNCILMEMBER REPORTS At this time Councilmembers may report on items not specifically described on the agenda, which are of interest to the community. Councilmember Singer reported that she attended an Executive Committee meeting of the Puget Sound Regional Council (PSRC) to discuss a new policy direction for transportation funding for projects which would help certain types of businesses. The policy direction passed against the wishes of the Suburban Cities of King County as well as three other counties. Councilmember Singer Page 7 City of Auburn Council MeetinQ Minutes March 6. 2006 also met with the executive director of the Suburban Cities Association and the executive director and assistant director of the PSRC to discuss improving the functions of the PSRC Policy Committees. Councilmember Wagner reported that he attended the Puyallup River Watershed Council meeting, Fire Fighters Annual Awards Recognition banquet, and a Regional Access Mobility Project meeting to discuss prioritization of potential projects for Sound Transit. He also attended the Cascade Water Alliance annual meeting and a railroad lecture sponsored by the White River Valley Museum. Councilmember Norman reported that she attended an Auburn Environmental Park meeting at which many interested citizens attended. Councilmember Norman invited citizens to attend future meetings or to contact her or staff members for information. Councilmember Norman noted that citizens can follow progress on the park on the City's website. Councilmember Norman also spoke at the YMCA banquet. Councilmember Thordarson reported that he attended the Fire Fighters Annual Awards Recognition banquet and the Auburn Adventist Academy fund raiser. Councilmember Peloza reported he attended the Fire Fighters Annual Awards Recognition banquet and congratulated Fire Officer of the Year, Bill Mack, and Fire Fighter of the Year, Mike Patterson. Councilmember Peloza also attended the Auburn Adventist Academy fund raiser and Cascade Water Alliance Annual Board of Directors meeting. Councilmember Peloza volunteered at Mary Olsen Farm, together with girl and boy scouts and many Auburn citizens, to cut back invasive vegetation and plant native plants and trees to enhance the habitat environment. Councilmember Peloza encouraged citizens to contact the Mayor's office if they would like to volunteer for the next work party. Councilmember Peloza also reported that eleven new street lights will be installed on Lea Hill. The street lights will provide much needed lighting in the Lea Hill area and will enhance public safety. Mayor Lewis reported that he attended numerous meetings including the Enterprise Seattle annual meeting and also spoke at Green River Community College (GRCC) regarding TRIO which is funded by the US Department of Education. TRIO assists approximately 200 GRCC students with education planning, career advisement, peer tutoring, referrals, and grants. Mayor Lewis also attended a Regional Policy Committee meeting at which they discussed the passage of the Veterans Levy. The levy provides for 50% of the funding to be used for veterans and 50% to be used for human services. Mayor Lewis reported on the Massing of the Colors at Fort Lewis. Many representatives from Page 8 City of Auburn Council MeetinQ Minutes March 6. 2006 King and Pierce County cities were in attendance as well as representatives from various veteran organizations and all branches of military service. 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 February 21, 2006 regular City Council meeting. 2. Minutes of the February 15, 2006 special City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 349474 through 349821 in the amount of $1 ,430,504.16 and dated March 6, 2006. 2. Payroll Payroll check numbers 515237 to 515367 in the amount of $302,570.53 and electronic deposit transmissions in the amount of $1,058,978.09 for a grand total of $1,361,548.62 for the pay period covering February 16, 2006 to March 6, 2006. C. Contract Administration 1. Public Works Project Number C516A 04.6.3 PR C516A City Council grant permission to advertise for bids for Project No. C516A, Auburn Way South Sewer - Phase 2. 2. Public Works Project Number C519A 04.11.1 PR C519A City Council approve Change Order No. 1 in the amount of $17,571.20 to Contract 05-27 with Hokkaido Drilling, Inc. for work on Project No. C519A, Well 2 Repacking. Councilmember Singer moved and Councilmember Wagner seconded to approve the consent agenda. Page 9 City of Auburn Council MeetinQ Minutes March 6. 2006 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 A. Ordinances 1. Ordinance No. 5968 04.7 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 8.08 of the Auburn City Code relating to solid waste Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 5968. Councilmember Cerino commented on regulation improvements in Ordinance No. 5968, including requiring containers with locking lids and providing a sufficient number of containers for multi-family dwellings. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 5974 04.11 An Ordinance of the City Council of the City of Auburn, Washington, creating a new Section 13.06.150 of the Auburn City Code, relating to connections to municipal water systems Councilmember Wagner moved and Council member Thordarson seconded to introduce and adopt Ordinance No. 5974. MOTION CARRIED UNANIMOUSLY. 7-0. Page 10 City of Auburn Council MeetinQ Minutes March 6. 2006 3. Ordinance No. 5995 04.11 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 13.40 of the Auburn City Code entitled "Facility Extensions" for the purpose of revising code language to clarify intent Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 5995. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 6002 03.6 PUD04-0002 An Ordinance of the City Council of the City of Auburn, Washington, approving a request to rezone approximately 38.48 acres from Single Family Residential (R2) to Planned Unit Development (PUD) and approving the request for a Planned Unit Development Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6002. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 6005 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 19.04.040 of the Auburn City Code relating to adoption of a heavy truck adjustment factor for transportation impact fees Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 6005. At the request of Council member Wagner, Director Dowdy reported that Ordinance No. 6005 provides for a capacity impact fee which distinguishes between usage of heavy vehicles or trucks as opposed to automobiles. The capacity impact fee is determined by considering the trip generation factor and the percentage of heavy vehicles in that trip Page 11 City of Auburn Council MeetinQ Minutes March 6. 2006 stream, particular land uses, how the heavy vehicle interacts on the street system with regard to the amount of a lane it takes up as opposed to an automobile, and the types of impacts on delays at intersections. The capacity impact fee looks at formulas taking these three factors into consideration and adjusts the fee per page sixteen of the fee schedule attached to Ordinance No. 6005. There are four particular land uses that will be impacted which are primarily in light and heavy industrial land use areas, including those which are approved through the conditional use permit process. Director Dowdy noted that staff is currently working on the second phase for transportation impact fees related to load impacts by heavy vehicles. Councilmember Wagner pointed out that phase one and phase two only apply to new businesses. The Public Works Committee is also considering a third phase which would impose transportation impact fees on existing businesses relating to deterioration caused by heavy vehicles on city streets. MOTION CARRIED UNANIMOUSLY. 7-0 B. Resolutions 1. Resolution No. 3977 01.8 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 with various tow operators for tow services Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 3977. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3986 01.0 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Auburn City Council to accept a Page 12 City of Auburn Council MeetinQ Minutes March 6. 2006 Bureau of Justice grant on behalf of the City of Auburn, Washington Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 3986. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 3987 01.0 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Auburn City Council to accept a Washington State Military Department and the Department of Homeland Security grant on behalf of the City of Auburn, Washington Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 3987. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 3988 04.10.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute of a Public Works Trust Fund Pre-Construction Loan Agreement between the City of Auburn (the City) and the Public Works Board (the Board) for Project No. C307A, Citywide Intelligent Transportation System (ITS), Phase 1B Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 3988. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 3989 03.5 A Resolution of the City Council of the City of Auburn, Washington, approving a preliminary plat application for a 236 lot residential subdivision known as Auburn Forty within the City of Auburn, Washington Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3989. Page 13 City of Auburn Council MeetinQ Minutes March 6. 2006 MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 3990 03.4.1.11 A Resolution of the City Council of the City of Auburn, Washington, to adopt the Neighborhood Plan for the Southeast of East Main Street Neighborhood Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3990. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 3991 F4.6.3 A Resolution of the City Council of the City of Auburn, Washington, accepting the one-third share of a Ten Thousand Dollar bequeathment from the Estate of Jane Clare Gattavara for the Flower Fund at Mountain View Cemetery Council member Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3991. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Resolution No. 3992 05.1 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 the Little League of Auburn, Washington for the concession operations at the Brannan Park Ballfields and at the Sunset Park Ballfields for 2006 Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3992 MOTION CARRIED UNANIMOUSLY. 7-0. 9. Resolution No. 3993 05.1 Page 14 City of Auburn Council MeetinQ Minutes March 6. 2006 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 the Optimists Club of Auburn, Washington for the concession operations at Game Farm Park Ballfields for 2006 Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 3993. MOTION CARRIED UNANIMOUSLY. 7-0. IX. MAYOR'S REPORT A. Executive Session No executive session was held. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:38 p.m. APPROVED THE z_C4- DAY OF MARCH 2006. ~'Q Cathy Ri 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 15