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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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