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HomeMy WebLinkAbout11-20-2006CITY OF WASHINGTON CALL TO ORDER CITY COUNCIL MEETING MINUTES NOVEMBER 20, 2006 7:30 PM A. Flag Salute Mayor Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Roger Thordarson and Lynn Norman. Staff members present included: City Attorney Daniel B. Heid; Assistant Finance Director Shawn Hunstock; Information Services Director Lorrie Rempher; City Engineer Dennis Dowdy; Parks Planning and Development Manger Dan Scamporlina; Chief of Public Safety Jim Kelly; Human Resources and Risk Management Director Brenda Heineman; Planning, Building and Community Development Director Michael Davolio; Senior Planner Elizabeth Chamberlain; Community Development Administrator David Osaki; Senior Planner Jeff Dixon; and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Presentation of donation from Soroptimist International Club of Auburn to the South King County Outreach Program Jan Cavanaugh, Kathy Lewis, Joyce Peloza and Cheryl Salle, members of the Soroptimist International Club of Auburn, presented Michael Hursh of the South King County Outreach Program with a $12,000 donation. The Soroptimist Club Page 1 City of Auburn Council Meeting Minutes November 20, 2006 donation will be utilized to run a safe home for one year in Auburn for women and children victims of domestic violence. Mr. Hursh thanked the Soroptimist Club for their generosity. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications A revised Ordinance No. 6062 was distributed just prior to the meeting. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the Cify Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Charlie Harris, Skills, Inc., 715 30t" Street NE, Auburn Mr. Charlie Harris, Chief Executive Officer of Skills, Inc., spoke regarding the proposed comprehensive plan amendments (Ordinance No. 6064). He spoke regarding proposed comprehensive plan map amendment #16 which would change the comprehensive plan map designation for the Skills property from light industrial to heavy commercial. Mr. Harris objected to the proposed amendments affecting the Skills property and making the property a nonconforming use. He spoke against the City converting existing manufacturing (industrial) uses to commercial. Mr. Harris espoused the benefits of Skills to the community and urged the City Council to adopt the Planning Commission's recommendation to remove Skills from the proposed comprehensive plan amendments. Additionally, he urged the City Council conduct its own public hearing on the comprehensive plan amendments. City Attorney Heid explained that, the City of Auburn as an optional code city under Title 35A of the Revised Code of Washington, the responsibility for holding public hearings on the comprehensive plan lies with the Planning Commission. Generally, the City Page 2 City of Auburn Council Meeting Minutes November 20, 2006 Council may hold an extra hearing, but is not required to do so under the law, RCW 35A.63.072. Mayor Lewis noted that the first meeting of the advisory group that worked with the Chamber of Commerce for the business strategies was held April 7, 2005. The economic development strategies document was adopted by the Council on November 21, 2005. Last year's comprehensive plan amendments, containing much of the policy direction that staff utilized this year, was adopted by Council on December 5, 2005. The City Council's Vision 2016 was adopted by Council on June 19, 2006. Each of the actions described was preceded by a well documented public participation process. Additionally, there were a number of meetings with the Planning and Community Development Committee where interested parties were notified of such meetings. Mayor Lewis also commented regarding the status of a nonconforming use. A nonconforming use can be passed on from owner to owner with a similar use. Brian Derdowski, Public Interest Associates, 70 East Sunset Way, Issaquah Mr. Derdowski spoke on behalf of his clients. He requested that the correspondence from Skills, Inc. and their attorney, Susan Rae Sampson, be incorporated as part of his testimony, as well as the SEPA appeal from Utility Vault and correspondence from Waste Management and other companies already part of the record. He questioned the City's vision and the impact of the proposed comprehensive plan amendments on economic development in the city. Mr. Derdowski also commented on the Planning Commission's recommendations to deny some of the proposed comprehensive plan amendments. Mr. Derdowski complained that his testimony at the Planning Commission was not accurately reflected in the record. He stated that when property is rezoned from industrial to commercial, there will be traffic impacts that are not addressed. He urged the Council to obtain a complete written transcript of all of the record prior to making a decision on the proposed comprehensive plan amendments. Bob West, 332 First Street NE, Auburn Mr. West submitted a letter dated November 20, 2006 regarding Ordinance No. 6064 and proposed comprehensive plan map amendment #23. Mr. West is co-owner of Millennium Investment Group. Millennium Investment Group owns a 40,600 square foot manufacturing building at 319 D Street NW, which was built within Page 3 Citv of Auburn Council Meeting Minutes November 20, 2006 the last three years. Mr. West expressed concern that any type of change that would make the property a nonconforming use has negative ramifications. He noted the Planning Commission recommended disapproval of the proposed comprehensive plan map change. He urged the Council to deny the comprehensive plan map change or eliminate his property from the proposed comprehensive plan amendment. John Sullivan, Steve Smith Development, 9500 Roosevelt Way NE #300, Seattle Mr. Sullivan spoke regarding the new text amendments regarding the urban downtown center. His company is currently~ursuing a residential mixed use project located at the corner of 2n Street SE and A Street. He commented regarding potential development and the floor area ratio requirement and limitations. He stated that under the proposed changes, the development lost approximately twelve percent of the development potential for the site, including the full height permitted for the zone, due to the proposed new standards. Mr. Sullivan presented an October 4, 2006 letter from Joe Giampietro of Johnson Braund for the Council's information. Lyle Johnson, 32 G Street NW, Auburn Mr. Johnson stated that he purchased property designated heavy industrial located on G Street NW approximately eight years ago. The building had been a machine shop for several years and was remodeled to suit his commercial print shop. Within the last five years, the property was rezoned from M2 to M1, light industrial. He objected to amending the comprehensive plan map designation for his property from M1 light industrial to commercial. Joe Simmons, 114 11t" Street SE, Auburn Mr. Simmons spoke against the proposed comprehensive plan map amendment for A Street SE that would change the designation from heavy commercial to light commercial. He stated that the change in designation is bad for business and would not enhance revenues for the City. Randy Fiorito, 1100 NW Leary Way, Seattle Mr. Fiorito spoke on behalf of the owners of comprehensive plan map amendment area #15. He stated that the owners of the property currently have a SEPA determination and grading permit for a project at this site. Mr. Fiorito expressed concern whether his development would be able to obtain a building permit once the comprehensive plan amendment and zoning changes are in effect. Page 4 City of Auburn Council Meeting Minutes November 20, 2006 Mr. Fiorito also commented regarding the potential installation of a traffic signal so close to the overpass of SR 167. In response to Mr. Fiorito's comments, City Attorney Heid commented that once a completed application is formed, the project is vested to the extent implicated in the application. Lee Shephard, 12835 Bel-Red Road, Bellevue Mr. Shephard spoke on behalf of the owners of Auburn 18, which is referred to as comprehensive plan map amendment #18. The subject property includes a six year old 285,000 square foot warehouse. He expressed concern with the proposed comprehensive plan amendment which would render the property as a nonconforming use. Mr. Shephard cited a memo from the City Attorney earlier this year in which the City Attorney states that nonconforming uses should be discouraged. Mr. Shephard objected to comprehensive plan amendment #18 as he believes the location does not lend itself to commercial uses. Mr. Shephard submitted a letter dated November 20, 2006 from G. Richard Hill of McCullough Hill, attorney for the owners of Auburn 18. Gary Volchock, 16400 Southcenter Parkway #100, Tukwila Mr. Volchock spoke in support of previous comments by the audience. He expressed his opposition to comprehensive plan map amendment #15, #20 and #21. He stated that the sites are not conducive to commercial development. Kari Lynn Frank, 4405 SW Alaska #202, Seattle Ms. Frank, representing the National Association of Industrial and Office Properties (NAIOP), expressed concern with regard to the proposed comprehensive plan amendments. NAIOP's concerns include the proposed comprehensive plan amendments reduction in the inventory of industrial lands and the effect on an owner's reasonable investment-backed expectations. Ms. Frank also stated that NAIOP believes further public participation should be required and further evaluation on a site-by-site basis should be conducted to determine if the properties proposed for re- designation are appropriate for retail and commercial uses. Ms. Frank submitted a letter dated November 20, 2006 from Glenn J. Amster of the Washington State Chapter of NAIOP. Susan Johnson, 32 G Street NW, Auburn Ms. Johnson spoke regarding the expectation by owners of their return on investment. She objected to the proposed Page 5 City of Auburn Council Meeting Minutes November 20, 2006 comprehensive plan amendments that would create nonconforming uses. She stated that many of the existing industrial buildings are not well suited for commercial purposes. Ms. Johnson also complained that the only notice of an opportunity to participate in public comment on the proposed comprehensive plan amendments was for the November 6th Planning Commission meeting. Robert Jones, 101 F Street NW, Auburn Mr. Jones stated that he purchased the building at 101 F Street NW approximately seven years ago under heavy industrial land use designation which supported the existing machine shop. He reported that approximately five years ago the property was rezoned to light industrial. He stated that the existing building is not feasible as a commercial use. He urged the City Council to reconsider the comprehensive plan map amendments. Roger Campbell, 1402 22nd Street NE #432, Auburn Mr. Campbell urged the City Council to approve the Planning Commission recommendations. Drew Popps, 233 D Street NW, Auburn Mr. Popps is the owner of 233 D Street NW. Mr. Popps stated that he has made a significant investment in the property since 1995. He expressed concern with the proposed comprehensive plan map amendment that would affect his property. C. Correspondence There was no correspondence 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 and continued their review of Ordinance No. 6055 relating to fireworks. The Committee recommended approval of Ordinance No. 6059 related to automated traffic enforcement and Resolution No. 4109 approving an agreement for professional services with David A Clark Architects. The Committee discussed Ordinance No. 6062; Resolutions 4113, 4114, and 4115; an interlocal agreement relating to police services transitions in the Auburn potential annexation areas; and political signs on the City rights-of-way. The next regular meeting of the Municipal Services Committee is scheduled for December 4, 2006 at 5:00 p.m. Page 6 City of Auburn Council Meeting Minutes November 20, 2006 B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met November 13, 2006. The Committee discussed Ordinance No. 6063 relating to park impact fees, Ordinance No. 6061 amending the subdivision code, and Ordinance No. 6064 regarding the 2006 comprehensive plan amendments. The Committee also discussed the annexation interlocal agreement between Auburn and King County, fireworks, the Mary Olson Farm project, downtown sidewalk design, downtown urban center code rezone, residential uses in industrial zones, and Ordinance No. 6060 regarding school impact fees. A discussion of electronic message boards and the sign code was postponed until the next meeting. The next regular meeting of the Planning and Community Development Committee is scheduled for November 27, 2006 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met November 13, 2006. The Committee approved contract administration items including the Green River Road Utility Improvements Project and 15th Street SW Pavement Preservation Project. The Committee recommended approval of Resolution No. 4055, a public way agreement with Abovenet Communications. The Committee discussed the annexation interlocal agreement with King County, a utility account appeal, a King County-Port of Seattle-Burlington Northern Sante Fe Railroad land acquisition and transfer, the Transportation Comprehensive Plan, sidewalk improvement program expansion, and truck impact fees. The next regular meeting of the Public Works Committee is scheduled for November 27, 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. The Committee also recommended approval of Ordinance No. 6062 regarding the property tax levy, Resolution No. 4114 approving a real estate purchase and sale agreement, and Resolution No. 4115 declaring certain items surplus. The Committee also discussed Ordinance No. 6059 relating to automated traffic enforcement. The next regular meeting of the Finance Committee is scheduled for December 4, 2006 at 6:30 p.m. Page 7 Citv of Auburn Council Meeting Minutes November 20, 2006 IV. REPORTS At this time Councilmembers and the Mayor may report on items not specifically described on the agenda, which are of interest to the community. A. From the Council Mayor Pro Tem Singer reported on the Council's participation in the Veterans Day Parade, the memorial ceremony at Veterans Park, the groundbreaking for the Auburn Golf Course clubhouse project, and the 2007-08 biennial budget workshop meeting. Councilmember Wagner reported on his attendance at a briefing by the Washington State Department of Transportation staff regarding improving roads to freight standards. Councilmember Backus commented on the Veterans Day events held in the city. Councilmember Backus also commented on the Council's budget workshop and commended Finance Director Coleman, Finance staff and department directors for their work on the City's first biennial budget. Councilmember Backus proudly announced that her daughter, Lucky, debuted as a messenger in the BRAVO! series' Dance Theater of Oregon performance. Councilmember Cerino reported on his attendance at the Puget Sound Regional Council Transportation Committee on behalf of Pierce County cities. Councilmember Cerino also commented on the groundbreaking ceremony for the new Auburn Golf Course clubhouse project. Councilmember Peloza congratulated the Auburn High School Trojans football team on their advancement to the state semi-finals. Councilmember Peloza also commented on the various Veterans Day events held in Auburn on November 11`h. He also commented on his attendance at the groundbreaking ceremony for the new Auburn Golf Course clubhouse project, the annual Suburban Cities Association meeting, and the City's 2007-08 budget workshop, B. From the Mayor Mayor Lewis spoke regardin~ the several Veterans Day events held in Auburn on November 11 ,including the Veterans Day parade, Veterans Memorial Building groundbreaking, and high school band competition. Mayor Lewis also commented on the groundbreaking ceremony for the new Auburn Golf Course clubhouse. Page 8 City of Auburn Council Meeting Minutes November 20, 2006 V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes 1. Minutes of the November 6, 2006 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 357104 through 357446 in the amount of $2,933,289.00 and a wire transfer in the amount of $4,064.79 and dated November 20, 2006. 2. Payroll Payroll check numbers 517676 through 517804 in the amount of $705,846.59 and electronic deposit transmissions in the amount of $1,060,489.48 for a grand total of $1,766,336.07 for the pay period covering November 2, 2006 to November 15, 2006. C. Contract Administration 1. Public Works Project Number C327B 04.11.1 C327B City Council approve Final Pay Estimate No. 2 in the amount of $191,546.16 to Contract 06-06 with VJM Construction Company Inc. and accept construction of Project No. C327B, Green River Road Utility Improvements. 2. Public Works Project Number CP0612 04.9.1 CP0612 City Council approve Final Pay Estimate #1 in the amount of $146,696.20 to Small Works Contract 06-13 with Doolittle Construction LLC and accept construction of Project No. CP0612, 15t" Street SW Pavement Preservation. Councilmember Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. Page 9 City of Auburn Council Meeting Minutes November 20, 2006 MOTION CARRIED UNANIMOUSLY. 7-0. VI UNFINISHED BUSINESS A. Ordinance No. 6053 03.10.5 VAR06-0004 An Ordinance of the City Council of the City of Auburn, Washington, reversing the decision of the Hearing Examiner to allow a variance to reduce the side yard setback for a proposed patio cover at a single family residence at 1909 N Court SE (Ordinance No. 6053 was tabled at the November 6, 2006 Council meeting.) Councilmember Norman moved and Councilmember Cerino seconded to remove from the table and adopt Ordinance No. 6053. Councilmember Wagner indicated that he will vote against Ordinance No. 6053 as he believes it sets a bad precedent for the City. Councilmember Peloza spoke in favor of Ordinance No. 6053. MOTION CARRIED. 4-3 Thordarson voted no. VII NEW BUSINESS There was no new business. VIII. ORDINANCES AND RESOLUTIONS A. Ordinances Councilmembers Singer, Wagner, and 1. Ordinance No. 6059 01.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.42.060 of the Auburn City Code relating to automated traffic enforcement Councilmember Cerino moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6059. MOTION CARRIED UNANIMOUSLY. 7-0. Page 10 City of Auburn Council Meetincl Minutes November 20, 2006 2. Ordinance No. 6062 F6.6.3, F3.21 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the levy of regular property taxes by the City of Auburn for collection in 2007 Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 6062. MOTION CARRIED UNANIMOUSLY. 7-0 3. Ordinance No. 6064 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting Comprehensive Plan map and text amendments pursuant to the provisions of RCW Chapter 36.70A Planning, Building and Community Director Davolio announced that the City Attorney has negotiated a settlement agreement with Utility Vault with regard to their appeal of the SEPA determination for comprehensive plan map amendment #20 and other parcels. As part of the settlement agreement, staff recommends that comprehensive plan policy/text amendment #6 for policy LU- 116 be withdrawn. Additionally, because the appeal has been withdrawn, staff recommends that area 21 be added back as part of the recommended comprehensive plan map amendments. Mr. Davolio reported that after further staff review, staff recommends that Areas 18 and 19 be withdrawn from the proposed comprehensive plan map amendments as the sites are not feasible for commercial use. Staff also recommends that Area 25 be changed from light industrial to heavy industrial. Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6064 as amended pursuant to staff recommendations. MOTION CARRIED UNANIMOUSLY. 7-0. Page 11 City of Auburn Council Meeting Minutes November 20, 2006 4. Ordinance No. 6065 03.10.1 CUP06-0003 An Ordinance of the City Council of the City of Auburn, Washington, approving a conditional use permit to allow a religious institution within an M1 Light Industrial Zone at 201 Clay Street NW, Auburn, Washington Councilmember Norman moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6065. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 4055 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 Thordarson seconded to adopt Resolution No. 4055. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 4109 04.4.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute First Amendment to Agreement for Professional Services AG-C-327A between the City and David A. Clark Architects, PLLC Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 4109. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 4112 02.7 A Resolution of the City Council of the City of Auburn, Washington, sponsoring the Valley Regional Fire Authority's Page 12 City of Auburn Council Meeting Minutes November 20, 2006 joining the Association of Washington Cities Employee Benefit Trust Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 4112. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 4113 03.1 A Resolution of the City Council of the City of Auburn, Washington, approving and authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn and King County relating to the annexation of the Lea Hill and West Hill potential annexation areas Councilmember Norman moved and Councilmember Cerino seconded to adopt Resolution No. 4113. Councilmember Wagner expressed his support for the interlocal agreement. He noted that the proposal is not a financial incentive for the City; it is a break even proposition for the City as there are several infrastructure needs in the annexation areas. Councilmember Norman commended staff for their negotiation of the interlocal agreement. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 4114 A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, approving the Real Estate Purchase and Sale Agreement between the City of Auburn and Darlene R. Nelson Councilmember Backus moved and Councilmember Norman seconded to adopt Resolution No. 4114. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 4115 F4.6.1 Page 13 City of Auburn Council Meeting Minutes November 20, 2006 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 Councilmember Norman seconded to adopt Resolution No. 4115. MOTION CARRIED UNANIMOUSLY. 7-0. At 9:01 p.m., Mayor Lewis recessed the regular meeting for a five minute intermission and then to executive session for approximately twenty minutes to discuss property acquisition and homeland security. Mayor Lewis reconvened the regular meeting at 9:16 p.m. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:16 p.m. APPROVED THE ~"~ DAY OF DECEMBER 2006. ~ , Pete B. wis, Mayor Dani e Daskam, City Clerk City Council agendas and minutes are available fo 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 fhe Library. Internet: http://www.auburnwa.gov *Denotes attachments included in Council agenda packet. Page 14