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HomeMy WebLinkAbout10-02-2006 CITY COUNCIL MEETING MINUTES October 2,2006 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 Council members were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Roger Thordarson, and Lynn Norman. Staff members present included: Public Safety Chief Jim Kelly; City Attorney Daniel B. Heid; Finance Director Shelley Coleman; Information Services Director Lorrie Rempher; Public Works Director Dennis Dowdy; Interim Planning Director David Osaki; Development Services Coordinator Steven Pilcher; Human Resources and Risk Management Director Brenda Heineman; Parks, Art and Recreation Director Daryl Faber; Planner Bill Mandeville, Interim Deputy Fire Chief Mike Gerber, Intergovernmental Services Coordinator Carolyn Robertson, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - "National Arts and Humanities Month" Mayor Lewis declared the month of October as "National Arts and Humanities Month" in the City of Auburn. b) Proclamation - "Energy Star - Change a Light Day" Page 1 City of Auburn Council Meetina Minutes October 2. 2006 Mayor Lewis declared October 4, 2006 as "Energy Star-Change a Light Day" in the City of Auburn. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications Agenda modifications included the addition of Addendum 1 to Emergency Public Works Project CP0640 to the Consent Agenda and a revised Resolution No. 4104. n. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Consolidated Plan 03.4.1.7 City Council to conduct a public hearing on amendments to the City of Auburn Consolidated Plan for Housing and Community Development and 2007 Community Development Block Grant Action Plan Planner Bill Mandeville presented the staff report for the 2007 Action Plan. Preparation of the annual action plan is required by the U.S. Department of Housing and Urban Development in order for' the City to receive Community Development Block Grant (CDBG) funds. The 2007 Action Plan outlines proposed expenditures to implement the third year of the City's four-year Consolidated Plan. The City of Auburn anticipates a 2007 CDBG entitlement of $409,000 and the re-appropriation of approximately $94,240 in CDBG funds from prior years. In 2007, the CDBG funds will be combined with approximately $418,000 from the General Fund to create a total human services budget of approximately $922,800. Mr. Mandeville advised that the deadline for receiving written comments on the Plan is October 20th. Staff will take into consideration the oral and written comments offered during the public comment period when the final revisions of the Plan are prepared. The Planning and Community Development Committee will consider the final revision on October 23, 2006. A resolution to adopt the Plan is Page 2 City of Auburn Council MeetinQ Minutes October 2. 2006 scheduled to go before the City Council on November 6, 2006. Councilmember Peloza inquired regarding the City's Housing Repair Program that serves residents of the Tall Cedars Mobile Home Park, which is owned by the King County Housing Authority. Planner Mandeville explained that the park is owned by the Housing Authority; however, the Housing Repair Program provides home repairs for the residents. Mayor Lewis opened the public hearing at 7:40 p.m. Robin Corak, Education and Employment Program Director, Multi-Service Center, 1200 South 336th Street, Federal Way Ms. Corak spoke on behalf of the Multi-Service Center. She thanked Mayor Lewis and Councilmembers for the City's support of the Multi-Service Center employment services. Last year the Multi-Service Center served over 2,800 Auburn residents with a variety of services. Councilmember Wagner inquired whether the Multi-Service Center employment services program tracks clients as far as retention of employment. Ms. Corak explained that there is no capacity for tracking some of the programs; however staff will informally track the results for as long as is feasible, and for some contracts as long as six months. Mary Ellen Stone, King County Sexual Assault Resource Center (KCSARC), 200 Mill Street, Renton Ms. Stone thanked Mayor Lewis and Council for their support of KCSARC. Ms. Stone expressed concern with KCSARC's funding allocation for 2007, which represents a fifteen percent reduction in the previous year's funding. Last year KCSARC served 208 Auburn residents who were victims of sexual assault. Ms. Stone urged the Council to reconsider the 2007 funding allocation for KCSARC. Linda Rasmussen, Regional Director for YWCA, 1010 South 2nd Street, Renton Ms. Rasmussen distributed a handout to the City Council. Ms. Rasmussen thanked Mayor Lewis and the City Council for their support of the YWCA and human services funding. Ms. Rasmussen commented on the proposal for establishing Page 3 City of Auburn Council MeetinQ Minutes October 2. 2006 a protocol for domestic violence/sexual assault agencies to collaborate. Ms. Rasmussen acknowledged the benefits of collaboration, but expressed concern with the cost of collaborating with other agencies. She also questioned the means for establishing a baseline for goal levels. Ms. Rasmussen briefly reviewed her handout containing the YWCA's 2006 and 2007 domestic violence program budget. She expressed concern with the Plan's recommendation for an $8,000 reduction in funding for the YWCA in 2007. She urged the Council to reconsider the allocation. Fred McHugh, 3389 Wynolda Drive, Enumclaw Mr. McHugh spoke on behalf of Christ Community Free Clinic, a medical mission providing free care and referral service to the uninsured in the Auburn community. He thanked Mayor Lewis and the City Council for their consideration in providing human services funding for his organization. There being no further comments, Mayor Lewis closed the hearing at 7:53 p.m. B. Closed Record Hearings 1. Application No. V AR06-0004 A3.23.1, City Council to consider an appeal filed by Larry Greidanus on the Hearing Examiner's decision to deny Larry and Maxine Greidanus's application for variance to install a permanent patio cover over an existing patio located on the south side of their house located at 1909 N Court SE. Development Services Coordinator Steven Pilcher presented the staff report for the closed record hearing. Mr. Pilcher noted that staff had recommended approval of the variance application to the Hearing Examiner. The Hearing Examiner did not agree with the staff recommendation and denied the variance. The applicant, Larry Greidanus, filed an appeal of the Hearing Examiner's decision. The subject property is located at 1909 N Court SE in a cul- de-sac. The existing home includes a patio constructed on the south side of the property. The City of Auburn Building Division discovered that a patio cover was being erected by Page 4 City of Auburn Council Meetino Minutes October 2.2006 a contractor without required permits. Additionally, the structure was being erected as close as 7.5 inches to the south property line at its eastern end with a three foot setback on the western end. The building codes allow such a structure to be within three feet of a side property line; any structure closer than three feet must include a fire wall for protection. The applicant subsequently applied for a variance to allow construction within three feet of the side property line. City Attorney Heid reviewed the closed record hearing process. He explained that testimony, argument or material presented to the City Council must be in adherence to and contained within the record presented to the Hearing Examiner. Mayor Lewis opened the closed record hearing at 8:00 p.m. Larry Greidanus, 1909 N Court SE, Auburn Mr. Greidanus, the appellant/applicant, explained his initial request for a variance. He desires to erect a cover over an existing concrete patio. The cover will be open on all sides; there is no intent to enclose the patio. Mr. Greidanus stated that the patio is located on the narrower south side of the house off the kitchen accessed by a sliding patio door. He urged the Council to reverse the Hearing Examiner's decision and grant a variance from the five foot setback in order to construct the patio cover within three feet of the side property line. In response to questions from Councilmember Peloza, Mr. Greidanus responded that the slope of the existing concrete patio directs any water runoff towards the rear yard. Also, approximately, five years ago the Greidanus's added approximately fifteen feet of concrete patio area to accommodate a hot tub. They no longer have the hot tub. Mr. Greidanus estimated that the neighbor's house is approximately ten feet from the fence line. Jeannette Sterling, 1906 N Court SE, Auburn Ms. Sterling spoke in favor of the appeal and the variance to allow construction of the patio cover. Jerry Green, 1308 20th Court SE, Auburn Page 5 City of Auburn Council Meetino Minutes October 2. 2006 Mr. Green spoke in support of the applicant's appeal and in favor of the variance. Marylyn Pederson, 1917 N Court SE, Auburn Ms. Pederson read from her statement submitted as part of the record. She spoke in support of the Hearing Examiner's decision and stated the appellant/applicant has not proven errors in the Hearing Examiner's decision to deny the variance. Ms. Pederson stated that her roof line is approximately six to seven feet from the adjoining fence line. She stated that the patio cover will affect their property value and impose upon their privacy. Julie Pederson, 1917 N Court SE, Auburn Ms. Pederson spoke in opposition to the appeal and variance. She stated that construction of the patio cover would adversely impact the value of her property. Maxine Greidanus, 1909 N Court SE, Auburn Ms. Greidanus spoke in favor of the appeal and her ability to construct a patio cover over an existing patio to make the patio more usable. James Pederson, 1917 N Court SE, Auburn Mr. Pederson spoke regarding his and Julie Pederson's conversations with the contractor who was installing the patio cover for the Greidanus's. He stated that they had urged the contractor to ensure that the cover was erected according to code. Marylyn Pederson, 1917 N Court SE, Auburn Mr. Pederson spoke regarding the potential for the Greidanus's to construct an elevated deck that would allow a view into the Pederson's yard. Development Services Coordinator Pilcher clarified that the Greidanus's mentioned at the hearing that they would like to raise their patio/deck flush with the floor of their house. The applicant would need to comply with code to allow the construction of an elevated deck. The deck is not part of the variance application. There being no further testimony, Mayor Lewis closed the hearing at 8:22 p.m. Page 6 City of Auburn Council MeetinQ Minutes October 2. 2006 Councilmember Norman moved and Council member Cerino seconded to discuss the appeal in closed session. MOTION CARRIED. 6-1. Councilmember Singer voted no. The Council recessed to closed session at 8:24 p.m. The Council reconvened in regular session at 8:52 p.m. Councilmember Backus moved and Councilmember Norman seconded to reverse the Hearing Examiner's decision, based upon the comments and findings in the staff recommendation, with the following conditions: 1. A building permit shall be required. 2. The patio cover shall be set back a minimum of three feet from the south property line, including the roof overhang and/or rain gutter. 3. All storm runoff from the patio cover shall be connected to the existing downspout drains for the residence or a separate infiltration system shall be constructed to the criteria established in the "Handout for Residential Footing Drain Construction" (City of Auburn Public Works Department publication). 4. No deck will be allowed to be built over the existing concrete patio as it will infringe upon the privacy of the neighbors. Councilmember Wagner expressed opposition to the motion. He spoke in favor of retaining the established five foot setback as allowing the variance would create a precedent. MOTION CARRIED. 4-3. Councilmembers Wagner, Singer and Thordarson voted no. C. 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. Marylyn Pederson, 1917 N Court SE, Auburn Ms. Pederson spoke regarding public notification regarding land use issues. Page 7 City of Auburn Council Meetino Minutes October 2. 2006 D. Correspondence No correspondence was received for City 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 and reviewed a request to purchase city property and an addendum to a contract for the replacement of the City Hall boiler. The Committee discussed Resolution 4104 supporting City of Auburn Proposition No. 1 for the formation of the Valley Regional Fire Authority. The Committee also discussed wifi projects, an easement with Puget Sound Energy at Game Farm Park, the Veterans' Memorial Building, and a draft amendment to the fireworks ordinance. The next regular meeting of the Municipal Services Committee is scheduled for October 16, 2006 at 5:00 p.m. B. Planning & Community Development Councilmember Norman reported the Planning and Community Development Committee met September 25, 2006. The Committee approved Resolution No. 4100 rejecting a ten percent petition to annex property (Brown annexation). The Committee discussed proposed annexation area utility provisions, a request for proposals for the Auburn Avenue Theatre business plan, the Veterans' Day Parade including control of street vendors, Downtown Urban Center zoning, park impact fees, and the 2007 Action Plan. The next regular meeting of the Planning and Community Development Committee is scheduled for October 9, 2006 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met September 25, 2006. The Committee approved a contract administration item relating to the 2006 City-wide pavement patching project. The Committee discussed transportation impact fees, including an ordinance to effect some housekeeping issues and a resolution amending the impact fees. With regard to the proposed transportation impact fees, Chair Wagner reported that the Committee was advised by the City Attorney and Finance Director that any exemption or reduction in the standard formula for impact fees would need to be paid from the General Fund. The Page 8 City of Auburn Council Meetino Minutes October 2. 2006 City has already provided an exemption for the downtown area. Therefore, the Committee recommended adopting an impact fee of $2,663 per PM Peak Trip. The next regular meeting of the Public Works Committee is scheduled for October 9, 2006 at 3:30 p.m. Councilmember Singer inquired whether the Public Works Committee discussed zone impact fees. Chair Wagner stated that the Committee discussed zone impact fees, but chose to retain the standard and well-recognized formula to avoid any challenge. D. Finance Chair Backus reported the Finance Committee met this evening at 6:30. The Committee approved consent items, including claims and payroll vouchers and Project No. CP0640 relating to the emergency boiler replacement at City Hall. The Committee discussed transportation impact fees, online police reporting, the Veterans Memorial Park Building construction costs, Ordinance No. 6051 regarding the powers and duties of the Mayor, and Resolution 4104 regarding the Valley Regional Fire Authority Proposition. The next regular meeting of the Finance Committee is scheduled for October 16, 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 that she attended the Sister Cities Conference. She encouraged anyone interested in furthering Sister City relationships to contact the Mayor's Office. The City currently is Sister City to Tamba, Japan; and Councilmember Peloza is pursuing a Sister City relationship in Italy. Mayor Pro Tem Singer also spoke regarding a recent meeting of the Puget Sound Regional Council and the retirement of Ted Leonard after 30 years of service on the Auburn School Board. Councilmember Wagner reported on a recent meeting of the Suburban Cities Association where discussion focused on transportation issues. Joni Earl, Chief Executive Officer for Sound Transit; Bob Drewel, Executive Director of Puget Sound Regional Council; and Douglas MacDonald, Washington State Secretary of Transportation, were in attendance to provide information on future transportation improvement projects. Councilmember Wagner also attended the City of Auburn disaster preparedness tabletop exercise and a neighborhood meeting to discuss the M Street SE (from 29th to 3ih Street SE) Improvement Project. Page 9 City of Auburn Council MeetinQ Minutes October 2. 2006 Councilmember Backus reported that she attended the Leadership Training Institute in partnership with the National League of Cities. Councilmember Norman reported that she attended the State Auditor's exit interview for the City's annual audit and a meeting with the Prefectorate from the Sister City of Tamba, Japan. Councilmember Cerino reported on his attendance at the Suburban Cities Association meeting, the Pierce County Cities and Towns meeting, and the Pierce County Regional Council meeting. Councilmember Thordarson spoke regarding new Metro routes and schedule changes and improvements in transit features in the City of Auburn. He noted that several new bus shelters have been constructed in Auburn and safety improvements made to other bus stops. Councilmember Peloza reported that he attended the Green River Duwamish Watershed Eco System Restoration ground breaking ceremony at Kent's Lake Meridian Park. The purpose of the project is to control flooding and provide wetland and wildlife protection. Councilmember Peloza also attended the King County Sexual Assault Resource Center fund raising program at Emerald Downs and a Green River Duwamish Watershed tour sponsored by the Corps of Engineers and cities of Kent and Tukwila. Councilmember Peloza will be attending a National League of Cities Energy, Environment and Natural Resources Committee meeting in Phoenix, Arizona later this week. V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes 1. Minutes of the September 18, 2006 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Page 10 City of Auburn Council Meetina Minutes October 2. 2006 Claims check numbers 355661 through 356135 in the amount of $2,162,770.30 and three wire transfers in the amount of $609,136.70 and dated October 2,2006. 2. Payroll Payroll check numbers 517292 to 517416 in the amount of $300,870.27 and electronic deposit transmissions in the amount of $1,108,278.95 for a grand total of $1,409,149.22 for the pay period covering September 14, 2006 to September 27,2006. C. Contract Administration 1. Public Works Project No. CP0631 04.9.1 CP0631 City Council approve Final Pay Estimate No. 1 to Contract No. 06-11 with Lakeridge Paving and accept construction of Project No. CP-631, 2006 Citywide Pavement Patching, Local Streets. 2. Project No. CP0640 City Council to approve Addendum No. 1 to Emergency Public Works Contract No. 06-22, between ACCO Engineered Systems and the City of Auburn relating to emergency boiler replacement at City Hall. Councilmember Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. VI. UNFINISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 6050 F4.3 Page 11 City of Auburn Council Meetina Minutes October 2. 2006 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 19.04.120 of the Auburn City Code relating to review of Transportation Impact Fees Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 6050. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 4100 03.1 ANX06-0009 A Resolution of the City Council of the City of Auburn, Washington, to decline the acceptance of a ten percent annexation petition application to annex certain properties located in King County adjacent to the Auburn city limits Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 4100. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 4103 F4.3 A Resolution of the City Council of the City of Auburn, Washington, providing for amendment to the City of Auburn Fee Schedule, to adjust Transportation Impact Fee Councilmember Wagner moved and Councilmember Thordarson seconded to adopt Resolution No. 4103. Councilmember Singer expressed support for the resolution but also regret that impact fees are necessary in order to fund street improvements. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 4104 A Resolution of the City Council of the City of Auburn, Washington, stating the City Council's support for the proposition on the November 7, 2006, ballot which, if approved, would create and establish the Valley Regional Page 12 City of Auburn Council Meetina Minutes October 2. 2006 Fire Authority, encompassing the area of the cities of Algona, Auburn and Pacific Council member Cerino moved and Council member Peloza seconded to adopt Resolution No. 4104. Mayor Lewis invited anyone in attendance to speak regarding the resolution. No one requested to speak regarding the resolution. MOTION CARRIED UNANIMOUSLY. 7-0. IX. MA VOR'S REPORT A. Executive Session Mayor Lewis recessed the meeting to executive session at 9: 18 p.m. for approximately fifteen minutes in order to discuss potential litigation and property acquisition. At 9:34 p.m., Mayor Lewis extended the executive session an additional fifteen minutes. Mayor Lewis reconvened the meeting at 9:45 p.m. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:45 p.m. APPROVED THE / It;B DAY OF OCTOBER 2006. ..----1 L .J j~t~~.~ Dan Ie Daskam, City Clerk 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