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HomeMy WebLinkAbout08-21-2006 CITY COUNCIL MEETING MINUTES August 21, 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, and Lynn Norman. Councilmember Roger Thordarson was excused. Staff members present: Interim Deputy Police Chief Bob Lee; Public Works Director Dennis Dowdy, Interim Planning Director David Osaki; Technical Services Manager Colin Schmalz; City Attorney Daniel B. Heid, Communications Manager Duanna Richards; Human Resources and Risk Management Director Brenda Heineman; Recreation Manager Brian Petty; Finance Director Shelley Coleman; Interim Deputy Fire Chief Mike Gerber; Planner Stacey Borland, Cultural Arts Manager Laurie Rose; Development Services Coordinator Steven Pilcher; and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Puget Sound Access Update Keri Stokstad, Executive Director of Puget Sound Access Channel 77 provided Council with an update on Puget Sound Access. Ms. Stokstad played the Puget Sound Access promotional video which contained several Auburn Page 1 City of Auburn Council Meeting Minutes AUQust 21. 2006 facilities and landmarks. Puget Sound Access (PSA) represents a combined effort by the cities of Auburn, Burien, Kent, Renton, Sea-Tac and Tukwila to provide community access and local programming. Ms. Stokstad announced that the PSA promotional video was awarded the "Best of the Northwest" video award for the region. Ms. Stokstad reported that the PSA goal is to develop mutually helpful partnerships with local organizations and the member cities to create television programming of local significance and to empower the citizens of the communities served by PSA to learn media production and produce quality programming. Ms. Stokstad presented the Council with copies of the Puget Sound Access Channel 77 brochure. In response to questions from Councilmembers, Ms. Stokstad advised that those who utilize Puget Sound Access must be residents of the member cities. The annual budget of PSA is $520,000. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications Agenda modifications included a revision to payroll vouchers to reflect the correct payroll period under Item V.B.2 of these minutes, a revised agenda bill for the utility billing adjustment under Item VI.A of these minutes, and the addition of Ordinance Nos. 6040 and 6041. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Moratorium Extension 03.4.2.1.2 Resolution No. 3982, adopted February 6, 2006 established an initial six-month moratorium on the filing with the City or the Courts of applications for licenses, permits and approvals for industrial land uses in those areas of the City Page 2 City of Auburn Council MeetinQ Minutes Auaust 21. 2006 bounded by West Main Street on the south, the Union Pacific Railroad tracks on the west, 6th Street NW on the north, and C Street NW on the east. The City Council extended the moratorium an additional six months on July 17, 2006 and set today's date for a public hearing on the moratorium extension. Interim Planning Director David Osaki presented the staff report regarding the moratorium. In 2005, the City Council approved the Economic Development Strategies document, which set forth strategies for specific areas of the city to enhance and maximize economic development potential. One of the strategy areas included the area around the Auburn Environmental Park (AEP). In order to allow staff sufficient opportunity to develop land use policies and/or regulations to promote development that would complement and benefit from the AEP, the Council enacted a moratorium on industrial development with the adoption of Resolution 3982 in February 2006. The moratorium was initially approved for a six-month period and was extended an additional six months by Resolution No. 4062. During the moratorium, staff prepared and Council adopted a new zoning code called the "Auburn Environmental Park District" and Council rezoned much of the area under the moratorium to Auburn Environmental Park District. The purpose of the hearing tonight is to receive testimony on the balance of the area subject to the original moratorium, described as the area bounded by West Main Street on the south, the Union Pacific Railroad tracks on the west, 6th Street NW on the north, and C Street NW on the east. Mr. Osaki also reported that the Planning and Community Development Committee recently reviewed the moratorium area and recommended that the area north of would-be 4th Street NW be removed from the moratorium area. The area includes Huttig Building Products, Henry Roofing, US Gypsum and the former Simmons warehouse. The area south of would-be 4th Street NW would remain in the moratorium area and would be subject of the 2006 annual Comprehensive Plan amendment process. Mayor Lewis opened the public hearing. Tim Crosby, 14902 3rd Drive SE, Mill Creek, WA Page 3 City of Auburn Council MeetinQ Minutes Auaust 21. 2006 Mr. Crosby identified himself as the Director of Operations for the Washington market area for Waste Management. He expressed concern with the moratorium and its effect on Waste Management's existing facility and the company's future plans for the facility. He spoke regarding the company's investments in the property and urged the Council to remove the moratorium and allow Waste Management to continue its property development. Polly McNeill, The Summit Law Group, 315 Fifth Avenue South, Suite 1000, Seattle Ms. McNeill, attorney for Waste Management, submitted a letter dated August 21, 2006, together with her previous letter dated March 20, 2006. She briefly spoke regarding the effect of the moratorium on Waste Management's development proposals and investments. Jerald A. Klein, 1425 4th Avenue, Suite 518, Seattle Mr. Klein, attorney representing Washington Cedar and Supply, spoke on behalf of his client located at 1400 West Main Street. Mr. Klein referred to Comprehensive Plan Section LU-3. He noted that the Plan specifies that large tracts in the area (including the Environmental Park) be reserved for economic development. Referring to the Comprehensive Plan map, Mr. Klein stated that the highway corridor is reserved for large economic development consistent with Auburn's role as an employment provider and is designated as a regional economic area. He contended that the Auburn Environmental Park is not consistent with the Comprehensive Plan. Mr. Klein submitted a letter dated August 18, 2006 from Robert M. Karney, General Manager for Washington Cedar and Supply Company, regarding the moratorium. There being no further testimony, Mayor Lewis closed the public hearing. Councilmember Norman moved and Councilmember Cerino seconded to modify the moratorium to eliminate the area between 4th Street NW and 6th Street NW from the moratorium area and instruct staff to prepare the necessary resolution to reflect the change in the moratorium area. MOTION CARRIED. 6-0. Page 4 City of Auburn Council Meetina Minutes Auaust 21. 2006 B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Annette Hargett, 33548 143rd Place SE, Auburn Ms. Hargett, who is a Board member for King County Sexual Assault Resource Center (KCSARC), thanked the Council for their support of KCSARC. Ms. Hargett announced that KCSARC is celebrating its 30th anniversary this year. KCSARC provides a 24- hour crisis intervention line, assists victims in their recovery from sexual assault, and provides education and training to reduce the risk of sexual assault. In 2005, 208 victims from Auburn were provided with KCSARC's services. C. Correspondence No correspondence was received for Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported the Municipal Services Committee met this evening at 5:00. The Committee approved consent items, recommended approval of Resolution No. 4079, and discussed Ordinance Nos. 6040 and 6041. Additionally, the Committee received a comprehensive presentation from King County staff on King County's Waste Export Plan. The Committee also received reports on fireworks activity and enforcement during the 4th of July. The Committee also discussed shopping cart regulations and Fire Department performance standards. The next regular meeting of the Municipal Services Committee is scheduled for September 5, 2006 at 5:00 p.m. B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met August 14, 2006. The Committee recommended approval of Ordinance Nos. 6038 and 6042 and Resolution No. 4077. The Committee discussed King County Executive Sims' letter regarding conditions of annexation for the Lea Hill and West Hill areas, the Six Year Transportation Plan, the condition of the City's public art collection, the moratorium in the area of the Environmental Park, and the proposed Comprehensive Plan amendments on A Street SE between 6th and 1 ih Streets SE. The Page 5 City of Auburn Council Meetina Minutes Auaust 21. 2006 next regular meeting of the Planning and Community Development Committee is scheduled for August 18, 2006 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met August 14, 2006. The Committee recommended approval of several contract administration items that appear on this evening's agenda and Resolution Nos. 4055, 4074 and 4075. The Committee discussed King County Executive Sims' letter offering incentives for annexation of Lea Hill and West Hill areas and the condition of storm drainage and roads in the areas. The Committee also discussed the Regional Transportation Commission proposal relating to the Port and reviewed the West Main Street public art proposals, a leak adjustment for Auburn Manor, changes on the Save Our Streets Program, extension of sewer service to properties on the west hill, the proposed Comprehensive Plan amendments, grant status, the Six Year Transportation Improvement Plan, and Federal Way School District impact fees. The next regular meeting of the Public Works Committee is scheduled for August 28, 2006 at 3:30 p.m. D. Finance Chair Backus reported the Finance Committee met this evening at 6:30. The Committee approved consent items including claims and payroll vouchers; Resolution Nos. 4068, 4069, 4076 and 4079; Ordinance Nos. 6040 and 6041. The Committee discussed a utility billing adjustment and second quarter 2006 revenue and expenditure reports. The Committee also received a presentation from King County Engineering Services Manager Kevin Kiernan relating to King County's Waste Export Plan. The next regular meeting of the Finance Committee is scheduled for September 5, 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. Mayor Pro Tem Singer reported on a visit from representatives of Auburn's Sister City of Tamba, Japan earlier today. Mayor Pro Tem Singer also reported that she attended emergency management training, Tourism Board meetings, and the Auburn Good 01' Days celebration. Councilmember Wagner reported that the Regional Fire Authority Planning Committee met twice since the last Council meeting. The Page 6 City of Auburn Council Meetina Minutes Auaust 21. 2006 Council will be meeting tomorrow night in a special session to receive an update on the progress of the Regional Fire Authority. Councilmember Backus sadly reported that Alexis, the two month old daughter of J. B. and Jill Douglas who own the Auburn Avenue Dinner Theater, was recently diagnosed with a grave illness. She urged those who know the Douglas's to keep them in their thoughts and prayers. Councilmember Norman reported that she attended the Boeing Company's regional chamber of commerce mixer. Additionally, she visited with the Sister City delegation from Tamba, Japan, and will tour the Green River Community College campus with them later this week. Councilmember Norman commended the organizers of the Auburn Good 01' Days celebration and enjoyed participating in the parade and related activities. Councilmember Cerino reported on meetings of the Regional Fire Authority planning committees, national emergency management training, and the Auburn Good 01' Days celebration. Councilmember Peloza reported that he attended the General Services and Social Security Administration dedication of their new federal offices on C Street SW. He also attended the memorial services for local businessman, Gene Kasper. Councilmember Peloza also attended the Metropolitan Solid Waste Advisory Committee where discussion centered on recycling and King County future goals. The Cedar Hills landfill is scheduled to close in 2016; however, the date may be extended due to the success in recycling. Without recycling, the landfill would have closed this year. Councilmember Peloza also attended the Auburn Good 01' Days celebration and visited with the Sister City delegation from Tamba, Japan earlier today. Mayor Lewis commented on the number of meetings (82) he's attended since the last Council meeting; eighteen of which were held outside the city limits. Mayor Lewis commended the Council for their participation in the number of national, regional and local meetings they routinely attend. Mayor Lewis commented regarding the dedication of the new General Services Administration and Social Security mega tele-service center on C Street SW. He also attended the Puget Sound Regional Council Economic Development Board meeting, the Auburn Good 01' Days celebration, and the Suburban Cities Association Public Issues Committee. Mayor Lewis commended Connie Henke and the other Auburn Good 01' Days committee members for a successful Good 01' Days celebration. Mayor Lewis also commented on the passing of local Page 7 City of Auburn Council Meetina Minutes Auaust 21.2006 icon, Gene Kaspar. Mr. Kaspar was a local businessman and was the Chamber of Commerce manager for several years. Mayor Lewis reported that he attended several other meetings relating to jail services, transportation issues, police and fire services. He also met with representatives of Governor Gregoire's office and attended a Brannan Park neighborhood meeting to discuss concerns over incidents of graffiti in the park. 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 August 7, 2006 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 354513 through 354873 in the amount of $2,411 ,526.06 and dated August 21, 2006. 2. Payroll Payroll check numbers 516854 to 517008 in the amount of $723,795.46 and electronic deposit transmissions in the amount of $1,072,545.46 for a grand total of $1,796,340.92 for the pay period covering August 3, 2006 to August 16, 2006. C. Contract Administration 1. Public Works Project No. CP0601 04.9.1 CP0601 City Council award Contract 06-05, Public Works Project No. CP0601, C Street NW Road Improvements to ICON Materials on their low bid of $696,960.00. 2. Public Works Project No. C327B 04.11.1 C327B City Council award Contract 06-06, Public Works Project No. C327B, Green River Road Utility Improvements, to VJM Construction Company, Inc., on their low bid of $252,598.00 Page 8 City of Auburn Council Meetina Minutes AUQust 21. 2006 plus Washington State Sales Tax of $22,228.62 for a total contract price of $274,826.62. 3. Small Works Project No. CP0633 04.9.1 CP0633 City Council award Small Works Contract 06-14, Project No. CP0633, 2006 Citywide Arterial Crack Seal Project, to AA Asphalting, Inc., on their low bid of $58,585.00. 4. Public Works Project No. C1006 04.9.1 C1006 City Council approve Change Order NO.4 in the amount of $5,275.71 to Contract 05-03 with Rodarte Construction for work on Project C1006, 3rd/Cross Street Road Improvements Councilmember Singer moved and Councilmember Wagner seconded to remove the Utility Billing Adjustment for Auburn Manor from the Consent Agenda and approve the remaining items on the Consent Agenda. MOTION CARRIED. 6-0. VI. UNFINISHED BUSINESS A. Utility Billing Adjustment F4.5.2 City Council approve sewer utility adjustment to Account Number 34205, Auburn Manor, in the amount of $121 ,077.07. Counilmember Singer moved and Councilmember Wagner seconded to approve the utility billing adjustment. In response to a question from Councilmember Wagner, Finance Director Coleman explained that the adjustment will not be refunded until King County Metro has agreed to the credit. If King County Metro does not accept the credit, the charges will be reinstated. MOTION CARRIED. 6-0. VII. NEW BUSINESS There was no new business. Page 9 City of Auburn Council Meetina Minutes AUQust 21. 2006 VIII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 6038 04.9.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapters 12.52 and 15.52 of the Auburn City Code, related to street names and building numbering Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6038. MOTION CARRIED. 6-0. 2. Ordinance No. 6040 A3.8.23 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 2.76 of the Auburn City Code relating to the City's Lodging Tax Advisory Committee Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 6040. MOTION CARRIED. 6-0. 3. Ordinance No. 6041 A3.8.23 An Ordinance of the City Council of the City of Auburn, Washington, creating a new Chapter 2.77 of the Auburn City Code relating to the City of Auburn Tourism Board Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 6041. MOTION CARRIED. 6-0. 4. Ordinance No. 6042 F4.3 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Chapter 19.02 by creating a new Section Page 10 City of Auburn Council MeetinQ Minutes AUQust 21. 2006 19.02.140 of the Auburn City Code regarding school impact fees entitled "Impact Fee Calculation and Schedule for the Federal Way School District" Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6042. MOTION CARRIED. 6-0. 5. Ordinance No. 6043 03.8 REZ05-0006 An Ordinance of the City Council of the City of Auburn, Washington, approving a change of zoning for property located at 220 M Street NE in Auburn, Washington, from R2 Single Family Residential to RO Residential Office Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6043. MOTION CARRIED. 6-0. 6. Ordinance No. 6044 03.10.1 CUP05-0005 An Ordinance of the City Council of the City of Auburn, Washington, approving a conditional use permit to allow a personal service shop within an RO Residential Office Zone at 220 M Street NE, Auburn, Washington. Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6044. Councilmember Peloza inquired regarding the hours of operation for the business. The applicant, April Parker, advised that her shop is open from 10:00 a.m. to 8:00 p.m. Councilmember Norman requested that the Council packet include color photos of exhibits rather than black and white copies. MOTION CARRIED. 6-0. B. Resolutions 1. Resolution No. 4055 Page 11 City of Auburn Council Meetina Minutes AUQust 21.2006 03.10.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Public Way Agreement between the City of Auburn and Abovenet Communications, Inc. Councilmember Wagner moved and Councilmember Backus seconded to return Resolution No. 4055 to the Public Works Committee. Councilmember Wagner requested clarification of the additional materials included with the agreement. MOTION CARRIED. 6-0. 2. Resolution No. 4068 A3.4 A Resolution of the City Council of the City of Auburn, Washington, stating the City Council's opposition to Initiative 933 Initiative 933. This measure would require compensation when government regulation damages the use or value of private property, would forbid regulations that prohibit existing legal uses of private property, and would provide exceptions or payments Mayor Lewis asked for public comment, either pro or con, on proposed Resolution No. 4068. No one in the audience requested to speak regarding the resolution. Councilmember Backus moved and Councilmember Norman seconded to adopt Resolution No. 4068. MOTION CARRIED. 6-0. 3. Resolution No. 4069 F4.9.6, A 1.4.1 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the execution of an agreement between the City of Auburn and AllianceOne Receivables Management, Inc., an AllianceOne Company, to provide collection services for the Auburn Municipal Court Page 12 City of Auburn Council MeetinQ Minutes AUQust 21. 2006 Councilmember Backus moved and Councilmember Norman seconded to adopt Resolution No. 4069. MOTION CARRIED. 6-0. 4. Resolution No. 4074 F5.2.22 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a grant from the Washington Utilities and Transportation Commission for the purchase and installation of median barriers approaching the BNSF Railway tracks at West Main Street, 3rd Street NW, and 37'h Street NW Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4074. MOTION CARRIED. 6-0. 5. Resolution No. 4075 F5.2.22 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a grant from the Washington Utilities and Transportation Commission for the purchase and installation of a fence to close the gap along the west side of the railroad tracks south of the Auburn Station Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4075. MOTION CARRIED. 6-0. 6. Resolution No. 4076 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. 4076. MOTION CARRIED. 6-0. Page 13 City of Auburn Council Meetina Minutes AUQust 21.2006 7. Resolution No. 4077 05.1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract with artists Tom Askman and Lea Anne Lake to design, fabricate and install an art component for the West Main Street Non-motorized Improvement Project Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 4077. MOTION CARRIED. 6-0. 8. Resolution No. 4079 A3.13.2, A3.17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an easement with Puget Sound Energy to install a gas service line at the Auburn Municipal Airport Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 4079. MOTION CARRIED. 6-0. 9. Resolution No. 4080 03.3.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Development Agreement between the City of Auburn, Glimcher Supermall Venture, LLC, Glimcher Development Corporation and Wal-Mart Stores, Inc., for development of the new Wal-Mart Store in Auburn Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 4080. Councilmember Wagner inquired regarding the relinquishment of an easement as part of the agreement. Public Works Director Dowdy recalled that there is a water line north of the theater that will be necessary to relocate as part of the development. Once the existing water line is relocated, the easement would be relinquished. Page 14 City of Auburn Council MeetinQ Minutes Auaust 21.2006 MOTION CARRIED. 6-0. 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 8:47 p.m. D THE: ~ DAY OF SEPTEMBER 2006. /f)tUJ:2t~-~~ Damelle Daskam, City Clerk City Council agendas and minutes are available to the public at the City Clerk's Office, on the City website, and via e-mail. Complete agenda packets are available for review at the City Clerk's Office and at the Library. Internet: http://www.auburnwa.gov Page 15