HomeMy WebLinkAbout03-17-2008CITY COUNCIL
MEETING MINUTES
WASHINGTON
1. CALL TO ORDER
March 17, 2008 7:30 PM
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, and Bill
Peloza. Councilmembers Lynn Norman and Virginia Haugen were
excused.
Staff members present included: Information Services Director
Lorrie Rempher; Public Works Director Dennis Dowdy; Storm
Drainage Engineer Tim Carlaw; Water Quality Program Coordinator
Chris Thorn; City Attorney Daniel B. Heid; Human Resources and
Risk Management Director Brenda Heineman; Chief of Police Jim
Kelly; Planning, Building and Community Director Cindy Baker;
Finance Director Shelley Coleman; Parks, Arts and Recreation
Director Daryl Faber; Policies, Codes and Environmental Program
Manager Steve Pilcher, Human Services Principal Planner Michael
Hursh, and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
There was no announcement.
2. Appointments
City Council to consider the following appointments to the
Transportation, Transit and Trails Committee:
Three Year Term
Roger Thordarson (Chair)
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City of Auburn Council Meeting Minutes March 17, 2008
James Chambers
John Calnan
Michael Pratum
Two Year Term
Lonnie Tealer
Dirk Bidleman
One Year Term
Charles Schumacher
Angie McCarr
Mayor Pro Tern Singer moved and Councilmember Wagner
seconded to confirm the appointments to the Transportation,
Transit and Trails Committee upon ratification of Ordinance
No. 6171.
MOTION CARRIED. 5-0.
At 7:32 p.m. Mayor Lewis recessed the meeting to executive session for
approximately 30 minutes in order to discuss potential litigation pursuant to RCW
42.30.110(1)(i). The meeting reconvened at 8:01 p.m.
D. Agenda Modifications
Mayor Lewis modified the agenda by reordering the sequence of
the scheduled public hearings.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Stormwater Management Program
03.4.1.10, 04.8
City Council to conduct a public hearing on the City's
Stormwater Management Program that was prepared in
response to the Washington State Department of Ecology's
Western Washington Phase II Municipal Stormwater Permit.
The Phase II permit covers the discharges from Auburn's
storm drainage system. Implementation of the Stormwater
Management Program is designed to reduce the discharge
of pollutants, protect water quality, and meet the
requirements of the Federal Clean Water Act.
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City of Auburn Council Meeting Minutes March 17, 2008
Storm Drainage Engineer Carlaw presented an overview of
NPDES permit requirements and introduced the City's
consultant Mike Milne with the firm of Brown and Caldwell.
Utilizing a PowerPoint presentation, Mr. Milne provided the
Council with information regarding the background and
requirements of the Phase II NPDES Stormwater Program
permit. The NPDES Phase II permit took effect February
2007. It was mandated by the Federal Clean Water Act and
covers municipal stormwater discharges.
The key requirement is the development of a stormwater
management program including education and outreach to
help people improve their stormwater quality management
activities, public involvement and participation, illicit
discharge detection and elimination, new development and
construction regulations, and pollution prevention.
Other requirements include preparation for stormwater
monitoring, tracking the costs associated with stormwater
management, tracking inspections of construction and
development sites, and preparation of annual reports.
Mr. Milne reviewed the permit deadlines, which phase in
over five years, and the work completed to date. The draft
Stormwater Management Program was posted on the City's
website for public review last month.
Some of the major permit implementation tasks include:
updating codes, standards, and regulations for the new
stormwater manual; tracking and recordkeeping; and training
of City staff.
During the coming year, the focus will be on the permit
requirements that are due in 2009. Permit requirements due
February 16, 2009 include: a cost tracking system, an
update of the education and outreach program, an update of
the illicit discharge, detection and elimination requirements,
and defining the new stormwater and
development/construction permitting, plan review, inspection
and recordkeeping requirements.
The first annual report and the approved Stormwater
Management Program will be submitted to Department of
Ecology by March 31, 2008.
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City of Auburn Council Meeting Minutes March 17, 2008
Mayor Lewis opened the public hearing at 8:10 p.m
John Norris, Norris Homes, 2053 Faben Drive, Mercer Island
Mr. Norris urged the Council to challenge the NPDES permit
requirements. He spoke regarding the impact of the
stormwater management regulations on housing costs.
Garrett Huffman, Master Builders Association, 335 116th
Avenue SE, Bellevue
Mr. Huffman spoke on behalf of the Master Builders
Association. He spoke in support of the City's challenge to
the Department of Ecology and the requirements of the
NPDES permit.
There being no further testimony, Mayor Lewis closed the
hearing at 8:16 p.m.
(See Item VIII.8.3, Resolution No. 4319, for further action
on this item.)
2. 2007 Consolidated Annual Performance and Evaluation
Report (CAPER)
03.4.1.7
The CAPER is an overall review of housing and community
development activities undertaken in Auburn during 2007.
Its primary purpose is to inform the citizens of Auburn how
and where the federal funds are spent, and assess the
program accomplishments as they relate to housing and
community development goals set forth in the Consolidated
Plan. The purpose of this hearing is to solicit public
comments prior to approval of the CAPER and submission
of the report to the U.S. Department of Housing and Urban
Development.
Principal Planner Michael Hursh presented the staff report
regarding the 2007 Consolidated Annual Performance and
Evaluation Report (CAPER). The primary purpose of the
CAPER is to inform the citizens of Auburn where Federal
funds are being spent and outline the accomplishments of
the program. Federal Housing and Urban Development
regulations require the City to solicit comments and provide
public review of its annual CAPER.
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City of Auburn Council Meeting Minutes March 17, 2008
Mayor Lewis opened the hearing at 8:20 p.m. No one
present requested to speak regarding the CAPER, therefore
the hearing was closed.
(See Item VIII.B.1, Resolution No. 4307, for further action
on this item.)
Application Number REZ08-0002
03.8 REZ08-0002
City Council conduct a public hearing to consider the
proposed rezone of approximately 10,000 square feet parcel
of land from P1, Public Use District, to M1, Light Industrial
District for property located on the east side of B Street NW,
approximately 1 Y2 blocks south of South 277th Street.
Policies, Codes and Environmental Program Manager
Steven Pilcher presented the staff report regarding
Application No. REZ08-0002. The rezone involves a 10,000
square foot parcel of land currently owned by City that was
acquired as part of 277th Street Project and was later
determined as unnecessary for the project. Last year during
the Comprehensive Plan amendment, the property's use
was changed from Public/Quasi-public to Industrial. The
proposed rezone from P1 Public Use to M1 Light Industrial is
consistent with the Comprehensive Plan.
Mayor Lewis opened the hearing at 8:22 p.m. No one
present requested to speak regarding the proposed rezone,
therefore the hearing was closed.
(See Item No. VIII.A.3, Ordinance No. 6169, for further
action on this item.)
B. Closed Record Hearings
Development Agreement with Parkstone Investments,
Inc. for Renaissance at Auburn
Pursuant to Auburn City Code Chapter 14.21, Parkstone
Investments proposes to enter into a Development
Agreement with the City of Auburn to allow the construction
of a 120 unit independent senior apartment community with
complementary retail on an approximately 2.67 acre site,
known as Renaissance at Auburn. The subject property is
located at 5029 Auburn Way North.
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City of Auburn Council Meeting Minutes March 17, 2008
City Attorney Heid explained that the hearing is a
continuation of the closed record hearing that the City
Council conducted on July 11, 2007. King County Superior
Court remanded the issue back to the City for continuation
of its consideration of the Development Agreement.
Mayor Lewis noted that the applicant was not in attendance.
Mayor Lewis opened the hearing at 8:23 p.m. No one
present requested to speak regarding the proposed
Development Agreement, therefore the hearing was closed.
(The following comments were made immediately following
Item III.A of these minutes.) City Attorney Heid stated that
because the action is quasi-judicial, the City Council may
conduct their deliberations in closed session or in open
session. The King County Superior Court has asked the
City Council to reconsider its decision and make findings in
accordance with the City Code that support the Council's
decision. Mayor Pro Tern Singer suggested that the Council
deliberate in closed session at the end of the Council
meeting.
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.
There was no audience participation.
D. 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
March 10, 2007. The corrected Committee minutes will reflect that
Vice Chair Peloza was excused from the meeting. The Committee
reviewed Resolution No. 4317 accepting a grant for reimbursement
for December 2007 storm expenses, Resolution No. 4325
approving an agreement with Thermo King Northwest for the
acquisition of golf carts. The Committee also discussed Resolution
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City of Auburn Council Meeting Minutes March 17, 2008
No. 4320 relating to a lease agreement with ACAP Child & Family
Services, Resolution No. 4322 relating to a lease with Green River
Music, Ordinance No. 6168 amending the 2007-2008 Biennial
Budget, Resolution No. 4326 authorizing a loan from the Capital
Projects Fund to the Golf Course Fund, surplus items, Resolutions
4324 and 4327 related to the Public Development Authority
SCORE and jails, and a contract with Vadis. The next regular
meeting of the Municipal Services Committee is scheduled for
March 24, 2008 at 3:30 p.m.
B. Planning & Community Development
Vice Chair Backus reported the Planning and Community
Development Committee met March 10th at 5:00 p.m. The
Committee reviewed Resolution No. 4323 relating to one percent
for the arts and Resolution No. 4307 regarding the Consolidated
Annual Performance and Evaluation Report (CAPER). The
Committee also discussed Ordinance No. 6168 regarding budget
amendments, the Issaquah Zero Energy Demonstration Project,
Comprehensive Plan amendments, the code update process,
business license fees, the Urban Separator, the Community Center
project, the ACAP lease agreement, and historical buildings in the
city. The next regular meeting of the Planning and Community
Development Committee is scheduled for March 24, 2008 at 5:00
p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met earlier
today at 3:30. The Committee approved contract administration
items including the contract award for Project CP0730 for the 6th
Street Rehabilitation, final payment and acceptance of Project
C507A C Street SW Trail, and approved initiation of Project
CP0762, Les Gove Neighborhood Improvement Project. The
Committee also reviewed Ordinance No. 6171 relating to the
Citizens Committee for Transportation, Transit and Trails;
Ordinance No. 6152 relating to fat, oil and grease control plans.
Resolution No. 4319 approving the Stormwater Management
Program. Resolution No. 4330 was removed from the agenda.
The Committee also discussed Ordinance No. 6170 relating to
utility taxes, Resolution No. 4329 regarding environmental
mitigation bank, the 8th Street NE and R Street signal project, and a
proposed local improvement district for H Street SE. The next
regular meeting of the Public Works Committee is scheduled for
April 7, 2008 at 3:30 p.m.
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City of Auburn Council Meeting Minutes March 17, 2008
D. Finance
Chair Backus reported the Finance Committee met this evening at
6:00. The Committee approved consent items including claims and
payroll vouchers. The Committee also reviewed Ordinance No.
6168 amending the 2007-2008 Biennial Budget, Resolution No.
4320 approving a lease with ACAP Child & Family Services,
Resolution No. 4322 approving a lease agreement with Green
River Music, Resolution No. 4326 approving a loan from the Capital
Projects Fund to the Golf Course Fund, Resolution No. 4331
regarding the disposal of surplus items. The Committee also
discussed the amendment to the Valley Communications Center
interlocal agreement, Resolution No. 4323 regarding budgets for
public facilities and one percent for the arts, Resolution Nos. 4324
and 4327 regarding the creation of the Public Development
Authority (SCORE) for the provision of jail services, a contract for
services with VADIS, Ordinance No. 6170 relating to utility taxes,
and Ordinance No. 6171 regarding the Citizens Committee for
Transportation, Transit and Trails. The next regular meeting of the
Finance Committee is scheduled for April 7, 2008 at 6:30 p.m.
E. Community Center
Chair Wagner reported the Community Center Committee met
March 4 and 11, 2008 to review the layout and site design. The
next meeting of the Community Center Committee is scheduled for
March 24, 2008 at 1:30 p.m., and the agenda will include energy
efficiency and sustainability design.
F. Downtown Redevelopment
Vice Chair Singer reported the Downtown Redevelopment
Committee met March 11, 2008. The Committee discussed public
involvement in downtown redevelopment. The next regular
meeting of the Downtown Redevelopment Committee is scheduled
for March 25th, but may be cancelled.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
organizations.
A. From the Council
Councilmember Wagner reported on his attendance at the
Regional Access Mobility Partnership meeting in Pierce County and
a meeting with the Washington State Department of Transportation
regarding the SR 164 Plan and the bypass.
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City of Auburn Council Meeting Minutes March 17, 2008
Councilmember Cerino reported on his attendance at the Pierce
County Cities and Towns meeting.
Councilmember Peloza reported that he attended the Metropolitan
Water Pollution Abatement Advisory Committee and the Regional
Water Quality Committee meeting. Councilmember Peloza stated
he introduced two meeting reforms to the Committees which will
reduce the number of meetings while promoting Committee
efficiencies. Councilmember Peloza also reported on his
attendance at the Metropolitan Solid Waste Management Advisory
Committee where discussion center on King County goals for
recycling.
B. From the Mayor
Mayor Lewis reported on a recent meeting with the Muckleshoot
Tribal Council Members to discuss items of mutual interest.
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 March 3, 2008 regular City Council
meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 372042 through 372420 in the
amount of $3,296,110.34 and dated March 17, 2008.
2. Payroll
Payroll check numbers 522763 to 522885 in the amount of
$773,660.80 and electronic deposit transmissions in the
amount of $1,078,551.31 for a grand total of $1,852,212.11
for the pay period covering February 28, 2008 to March 12,
2008.
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City of Auburn Council Meeting Minutes March 17, 2008
C. Contract Administration
1. Agreement for Services No. AG-S-022
04.7.2
City Council to approve Amendment No. 1 to Annual
Consultant Agreement No. AG-S-022 with Vadis.
2. Public Works Project No. CP0730
04.9.1 CP0730
City Council award Contract 07-10, Project Number CP0730,
2007 Pavement Preservation, 6th Street SE Rehabilitation to
Rodarte Construction on their low bid of $577,380.50 plus
Washington State sales tax of $7,913.97 for a total contract
price of $585,294.47.
3. Public Works Project No. C507A
04.9.1 C507A
City Council approve Final Pay Estimate No. 2 to Contract
07-21 in the amount of $43,321.69, for a total contract price
of $234,606.32, with Woodworth & Company, Inc. and
accept the construction of Project No. C507A, C Street SW
Trail.
Mayor Pro Tem Singer moved and Councilmember Wagner
seconded to approve the Consent Agenda.
MOTION CARRIED. 5-0.
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. 6152
04.6
An Ordinance of the City Council of the Cit of Auburn,
Washington, amending Sections 13.20.010 and 13.20.140,
of the Auburn City Code; repealing Section 13.20.154 of the
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City of Auburn Council Meeting Minutes March 17, 2008
Auburn City Code; and adding a new Chapter 13.22 to the
Auburn City Code, all relating to fat, oil, and grease (FOG)
control plans
Councilmember Wagner moved to introduce and adopt
Ordinance No. 6152 with an amendment to page 5, Section
2 of the Ordinance amending Section 13.20.140(B) by
substituting "100 mg/L" with "King County Wastewater
Treatment Division Standards." Councilmember Cerino
seconded the motion.
Councilmembers Wagner and Peloza spoke in support of
Ordinance No. 6152.
MOTION CARRIED. 5-0.
2. Ordinance No. 6168
F3.21
An ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 6066, the 2007-2008
Biennial Budget Ordinance as amended by Ordinance Nos.
6086, 6092, 6103, 6119, 6124, 6127, 6128, 6132, 6133,
6144, 6145, and Ordinance No. 6164 authorizing the
amendment to the City of Auburn 2007-2008 Budget as set
forth in Schedule "A"
Councilmember Backus moved and Mayor Pro Tern Singer
seconded to introduce and adopt Ordinance No. 6168.
MOTION CARRIED. 5-0.
3. Ordinance No. 6169
03.8 REZ08-0002
An Ordinance of the City Council of the City of Auburn,
Washington, approving a change of zoning from P1 Public
Use District to M2 Light Industrial District
Councilmember Backus moved and Councilmember Wagner
seconded to introduce and adopt Ordinance No. 6169.
MOTION CARRIED. 5-0.
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City of Auburn Council Meeting Minutes March 17. 2008
4. Ordinance No. 6171
A3.8.26
An Ordinance of the City Council of the City of Auburn,
Washington, amending Chapter 2.94 of the Auburn City
Code, regarding the City of Auburn Citizen's Committee for
Transportation, Transit and Trails
Councilmember Wagner moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 6171.
MOTION CARRIED. 5-0.
B. Resolutions
1. Resolution No. 4307
03.4.1.7
A Resolution of the City Council of the City of Auburn,
Washington, to accept the Consolidated Annual
Performance and Evaluation Report (CAPER) for the 2007
Program Year
Councilmember Backus moved and Councilmember Wagner
seconded to adopt Resolution No. 4307.
MOTION CARRIED. 5-0.
2. Resolution No. 4317
F5.2
A Resolution of the City Council of the City of Auburn,
Washington, formally accepting a grant from the State of
Washington, Military Department in the amount of Two
Thousand Nine Hundred Seventy Six Dollars and Ninety
Four Cents ($2,976.94) as reimbursement from the Federal
Emergency Management Agency and the State of
Washington for expenses incurred by the City of Auburn
during the December 2007 winter storm
Councilmember Cerino moved and Councilmember Peloza
seconded to adopt Resolution No. 4317.
MOTION CARRIED. 5-0.
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City of Auburn Council Meeting Minutes March 17, 2008
3. Resolution No. 4319
03.4.1.10, 04.8
A Resolution of the City Council of the City of Auburn,
Washington, approving the Stormwater Management
Program and authorizing the Mayor to include a copy of the
program in the National Pollutant Discharge Elimination
System Western Washington Phase II Municipal Stormwater
Permit Annual Report to the Washington State Department
of Ecology
Councilmember Wagner moved and Councilmember Cerino
seconded to adopt Resolution No. 4319.
MOTION CARRIED. 5-0.
4. Resolution No. 4320
A3.17
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an amendment to Lease of Real Property between the City
of Auburn and ACAP Child & Family Service
Councilmember Backus moved and Mayor Pro Tern Singer
seconded to adopt Resolution No. 4320.
MOTION CARRIED. 5-0.
5. Resolution No. 4322
A3.17
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Office Space Lease Agreement between the City of
Auburn and Green River Music, Inc.
Councilmember Backus moved and Mayor Pro Tern Singer
seconded to adopt Resolution No. 4322.
MOTION CARRIED. 5-0.
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City of Auburn Council Meeting Minutes March 17, 2008
6. Resolution No. 4323
05.1.3
A Resolution of the City Council of the City of Auburn,
Washington, directing staff to include in the budgets for
public building facilities one percent for the arts
Councilmember Backus moved and Councilmember Wagner
seconded to adopt Resolution No. 4323.
MOTION CARRIED. 5-0.
7. Resolution No. 4324
01.7
A Resolution of the City Council of the City of Auburn,
Washington, authorizing creation of a Public Development
Authority (PDA) known as SCORE for the provision of jail
services
Councilmember Cerino moved and Councilmember Peloza
seconded to adopt Resolution No. 4324.
MOTION CARRIED. 5-0.
8. Resolution No. 4325
04.47
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an agreement with Thermo King Northwest for golf carts for
the Auburn Golf Course
Councilmember Cerino moved and Councilmember Peloza
seconded to adopt Resolution No. 4325.
MOTION CARRIED. 5-0.
9. Resolution No. 4326
F4.7, 04.4.7
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the transfer of funds for the
purpose of making a loan or loans from the Capital Projects
Fund to the Golf Course Fund for up to a three year period
of time
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City of Auburn Council Meeting Minutes March 17, 2008
Councilmember Backus moved and Mayor Pro Tem Singer
seconded to adopt Resolution No. 4326.
MOTION CARRIED. 5-0.
10. Resolution No. 4327
01.7
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Interlocal Agreement between the cities of Auburn, Des
Moines, Federal Way, Kent, Renton, and Tukwila for a
cooperative feasibility study for the construction and
operation of a misdemeanant jail facility
Councilmember Cerino moved and Councilmember Peloza
seconded to adopt Resolution No. 4327.
MOTION CARRIED. 5-0.
11. Resolution No. 4330
04.9.7
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute an Interlocal
Agreement with King County for the purpose of providing
road services
Resolution No. 4330 was removed from the agenda.
12. Resolution No. 4331
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 Mayor Pro Tem Singer
seconded to adopt Resolution No. 4331.
MOTION CARRIED. 5-0.
IX. CLOSED SESSION PURSUANT TO RCW 42.30.140(2)
At 9:00 p.m., Mayor Lewis recessed the meeting to closed session
pursuant to RCW 42.30.140(2).
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City of Auburn Council Meeting Minutes March 17, 2008
Mayor Lewis reconvened the meeting at 9:40 p.m. Mayor Lewis reported
that the City Council deliberated on the application for the Auburn Senior
Housing Project/Renaissance at Auburn and the Development Agreement
with Parkstone Investments according to the court order. For reasons
unknown, the applicant/developer did not appear for this evening's
meeting. Staff has been directed to prepare the necessary document
memorializing the City Council's findings, conclusions and decision for
final review and approval by the City Council.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:41 p.m.
=D THE ,? fi DAY OF APRIL 2008.
Lewis, Mayor Danielle 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
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