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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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