Loading...
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) Page 1 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. Page 2 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. Page 3 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. Page 4 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. Page 5 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 Page 6 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. Page 7 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. Page 8 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. Page 9 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 Page 10 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. Page 11 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. Page 12 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. Page 13 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 Page 14 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). Page 15 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 Page 16