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HomeMy WebLinkAbout09-02-2003 Item V-A-1WASHINGTON CALL TO ORDER CITY OF AUBURN COUNCIL MEETING MINUTES August 18, 2003 7:30 PM A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Lewis and the following Councilmembers were present: Sue Singer, Fred Poe, Stacey Brothers, Gene Cerino, and Nancy Backus. Councilmembers Rich Wagner and Trish Borden were excused. The following staff members were present: Parks and Recreation Director Daryl Faber, Human Resources Director Brenda Heineman, Fire Chief Bob Johnson, Police Chief Jim Kelly, City Attorney Daniel B. Heid, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, Planning and Community Development Director Paul Krauss, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Washington Recreation & Park Association Award Parks and Recreation Director Daryl Faber re -presented the Washington Recreation and Parks Association Outstanding Community Organization Award to Muckleshoot Indian Tribe (MIT) Recreation Director Mike Starr. Director Daryl stated that the award was presented earlier this year during the Washington Recreation and Parks Association Annual Conference for MIT's support of many Auburn Parks and Recreation youth sports teams, mentoring services to younger Tribal members, and operation of a gymnasium for basket ball and volley ball programs. The Tribal Recreation Program also provides transportation for Tribal members to and from league Page 1 City of Auburn Council Meeting Minutes August 18, 2003 games, payment of registration and team sponsor fees, and coaching for Tribal teams. Director Faber pointed out that the Outstanding Community Award is presented to only one recreation community group in the State which is outside municipal organizations. Director Faber commended MIT's outstanding services provided to the youth of the Muckleshoot community. b) Heart Walk King County Council Legislative Aide Jenny Faubion and American Heart Association Regional Director Casey Mazzoni presented information on the September 20, 2003 Heart Walk. Ms. Faubion expressed regret that King County Councilmember von Reichbauer was unable to attend this evening's meeting. Ms. Faubion reviewed statistics related to cardiovascular diseases. Ms. Faubion urged participation in the American Heart Association Heart Walk. American Heart Association Regional Director Casey Mazzoni explained that the two primary functions of the Association are research and education. The Association mission is to reduce heart disease and stroke by twenty- five percent by year 2010. Ms. Mazzoni reviewed services provided by the Association and encouraged City of Auburn residents to participate in the Heart Walk at Safeco Field on September 20, 2003. Mayor Lewis commended the fine services provided by emergency personnel in the Auburn area and urged community support and participation in the Heart Walk. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications There were no agenda modifications. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings There were no public hearings. Page 2 City of Auburn Council Meeting Minutes August 18, 2003 B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Mayor Lewis requested comments from Planning and Community Development Director Paul Krauss and City Attorney Daniel Heid related to the Oxford House located at 12 "R" Street NE. Director Krauss stated that the City recently learned of the purchase of property on "R" Street by Oxford House through complaints related to construction at the above address. Inspectors concluded that construction was being conducted without the required permits and a stop work order was posted on the premises. The property owners relayed that they would apply for the proper permits. As of August 8, 2003 applications for permits have not been received. Additions are permissible, but require building code compliance. The scope of the proposed addition is unknown until such time as an application is submitted for approval. Mr. Krauss stated that City intervention is limited due to court rulings regarding particular types of non-profit residences such as Oxford House. There is no law prohibiting unrelated individuals from living within the same residence. City Attorney Daniel Heid referenced a 1999 case in which the City of Edmonds was involved in litigation with Oxford House regarding the Federal and Washington State Fair Housing Acts. The United States Supreme Court ruled that cities cannot distinguish between single families and groups of individuals receiving medical treatment such as alcohol and drug rehabilitation services, but individuals must adhere to all other city codes related to building permits. Dan Moss, 12 "R" Place NE, Auburn Mr. Moss stated that he has been a resident of 12 "R" Place NE for eighteen years. Mr. Moss spoke on behalf of his neighborhood. Mr. Moss indicated that neighborhood covenants state that no lodge shall be used except for residential purposes and also that one and one-half story high single family units may be approved. Mr. Moss spoke in opposition to Oxford House in his neighborhood. Ralph Karns, 1601 East Main Street, Auburn Mr. Karns stated that his property adjoins property located at 12 "R" Street NE. Mr. Karns expressed concerned with regard to parking problems related to multiple residents in one residence. Mr. Karns also expressed concern with the location of this type of residence near schools. Mr. Karns spoke in opposition to Oxford House. Jerry Brown, 1610 1St Street NE, Auburn Page 3 City of Auburn Council Meeting Minutes August 18, 2003 Mr. Brown concurred with Mr. Moss and Mr. Karns and inquired as to the number of vehicles allowed for a single residence. Director Krauss indicated that there are no limitations on the number of vehicles allowed for single family homes, but there are limitations on where vehicles may be parked. Mr. Karns also spoke regarding semi -trucks being parked on residential streets. Mayor Lewis advised the audience to call 911 to report semi -trucks parked on residential streets. Mayor Lewis stressed that emergency situations may be responded to prior to parking violations. Sandra Walsh, 15 "R" Street NE, Auburn Ms. Walsh questioned the placement of high risk occupants in a residence so near to downtown taverns and schools and spoke in opposition to Oxford House. Louis Laturner,108 "R" Street NE, Auburn Mr. Laturner inquired regarding parking regulations for semi -trucks in residential zones. Police Chief Jim Kelly stated that parking of tractors and/or trailers is prohibited in residential zones, however, there are circumstances that allow parking of a tractor for limited periods of time. Vehicles must meet sight distance regulations and can not obstruct traffic. Overnight parking is not allowed. Ron Hanson, 16 "R" Place NE, Auburn Mr. Hanson spoke regarding illegal drug issues and expressed concern for the safety of neighborhood children. Mr. Hanson spoke in opposition to Oxford House. Don Kurle, 1709 1St Street NE, Auburn Mr. Kurle inquired regarding enforcement of neighborhood covenants. Attorney Heid stated that covenants on private property are enforceable by the those affected by the covenants. Covenants are not subject to city authority. Barbara Lemke, 6 "R" Street NE, Auburn Ms. Lemke inquired as to the number of non -related individuals allowed per residence and if the individuals moving into the Oxford House have criminal records. Page 4 City of Auburn Council Meeting Minutes August 18, 2003 Director Krauss reiterated that there are no limitations as to the number of non -related individuals allowed per residence. The Uniform Building Code addresses space requirements, but is very lenient. Mayor Lewis indicated that he will inquire as to criminal backgrounds of Oxford House residents. Don Walsh, 15 "R" Street NE, Auburn Mr. Walsh spoke in opposition to Oxford House. Lynn Hood, 1611 1St Street NE, Auburn Mr. Hood inquired as to the number of non -related individuals allowed per residence. Director Krauss reiterated that there are no limitations as to the number on non -related individuals allowed per residence and that there are building code requirements for a minimum amount of space per occupant for dwelling units. Councilmember Brothers stated that it is his understanding that individuals of Oxford House have a unique form of ownership of the property. Virginia Haugen 2503 "R" Street SE, Auburn Ms. Haugen stated that she believes that Oxford House is a non-profit organization. Louis Laturner, 108 "R" Street NE, Auburn Mr. Laturner once again questioned ownership of Oxford House and also spoke regarding fireworks. Mayor Lewis stated that a citizen questionnaire related to fireworks was enclosed in the Auburn Update within the Auburn Reporter. Over 1,100 complaints were received on July 4, 2003. There are 113 police officers employed by the City of Auburn, not all of which were on duty on the 4th of July. The City is in the process of determining costs involved in enforcing fireworks restrictions. Ralph Karns, 1601 East Main Street, Auburn Mr. Karns again spoke in opposition to Oxford House and questioned the ownership of and means of financing for this residence. Ron Hanson, 16 "R" Place NE, Auburn Mr. Hanson also questioned means of financing for Oxford House, ownership, and the income source of the residents. Page 5 City of Auburn Council Meeting Minutes August 18, 2003 Barbara Lemke, 6 "R" Place NE, Auburn Ms. Lemke indicated that King County Tax Assessor listed the property owner of 12 "R" Street NE as Scott King. Virginia Haugen 2503 "R" Street SE, Auburn Ms. Haugen spoke regarding the sale of City of Auburn water to other jurisdictions and also spoke regarding an agreement between the cities of Auburn and Bonney Lake regarding providing water service to the Lakeland Hills area. Ms. Haugen stated that she believes that over development has caused the water problems occurring in Auburn. Councilmember Cerino stated that the City of Auburn has not sold water to the City of Covington on an irretrievable basis. The City of Auburn retains rights to a specific amount of water from the City's aquifer. Surplus water is sold to neighboring jurisdictions in emergency situations. State regulations regarding the Single Molecule Rule dictate that if certain surface streams are affected by a single molecule by the taking of water from certain aquifers, the state can eliminate access to those aquifers. Various streams running through the City of Covington support fish. Covington and Water District 111 constructed a water system at no cost to the City of Auburn, which enabled them to purchase water from the City of Auburn on an emergency basis. Only surplus water is sold to other jurisdictions. Virginia Haugen, 2503 "R" Street SE, Auburn Ms. Haugen inquired how many wells exist in the Lakeland Hills area. Mayor Lewis responded that the Lakeland Hills area is on an isolated, independent system and is not connected to the City's main water system. There are two wells currently existing in the Lakeland area and a third well will be completed next year. Future plans for the City of Auburn include connecting the Lakeland area to the City's main water system. Auburn has an Intertie Agreement with the City Bonney Lake to provided water on an emergency basis, such as the recent well failure in the Lakeland area. Residents will continue to receive water from Bonney Lake until such time as the failed well recovers or the City of Auburn completes the third well in the Lakeland area. Vernon Lemke, 6 "R" Place NE, Auburn Mr. Lemke inquired whether residents of Oxford House are gainfully employed or whether they are on Social Security. Mr. Lemke also expressed concern regarding the smell of smoke coming from the east in the evening. Fire Chief Bob Johnson stated that Puget Sound Air Pollution Control works with the City regarding air pollution. Chief Johnson indicated that he would provide further information to Mr. Lemke. Page 6 City of Auburn Council Meeting Minutes August 18, 2003 Police Chief Kelly shared additional code related to semi trailers. Attached or unattached semi trailers are prohibited. A tractor trailer alone is prohibited. If a semi trailer and tractor are attached and are in a residential zone, they are allowed one hour for continuous loading or unloading of a semi trailer. Chief Kelly pointed out that anything else is in violation of City code and encouraged residents to notify 911. Chief Kelly also pointed out that, although there may not be codes that prevent this type of housing from locating within residential neighborhoods, citizens are not without a level of recourse in relation to the Oxford House. There are City codes, such as the nuisance and abatement ordinances, and civil regulatory codes, that provide means to monitor the conduct of any resident. Chief Kelly stated that the police can respond to incidents such as the use of coarse or profane language in public. Mayor Lewis encouraged citizens to report incidents to 911 so that a record may be compiled of all complaints. Councilmember Backus spoke regarding many incidents occurring at a specific address in her neighborhood and urged citizens to call 911. Councilmember Backus commended the actions of the Auburn Police Department and encouraged the audience to report all incidents. Larry Almaas, 30 "R" Place NE, Auburn Mr. Almaas expressed concern regarding his neighborhood and children residing in his neighborhood with regard to Oxford House. Mr. Almaas also expressed frustration regarding illegal detonation of fireworks. Councilmember Singer reported that, to her knowledge, responses to the survey regarding fireworks are overwhelmingly in favor of a total ban of fireworks in the City of Auburn. Sandra Walsh, 15 "R" Street NE, Auburn Ms. Walsh thanked the City for not allowing a soup kitchen in the Massey building. C. Correspondence No correspondence was received. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Councilmember Singer reported that the Municipal Services Committee met this evening at 5:00. The Committee approved surplus property and received reports on the Cemetery trust fund, Connections program, and Page 7 City of Auburn Council Meeting Minutes August 18, 2003 alternatives to incarceration. The Committee also discussed City Hall plaza renovations. The next regular meeting of the Municipal Services Committee is scheduled for September 2, 2003 at 5:00 PM. Page 8 City of Auburn Council Meeting Minutes August 18, 2003 B. Planning & Community Development The Planning and Community Development Committee report was delayed until the next regular City Council meeting scheduled for Tuesday, September 2, 2003 at 7:30 PM. The next regular meeting of the Planning and Community Development Committee is scheduled for August 25, 2003 at 5:00 PM C. Public Works Vice Chair Poe reported that the Public Works Committee met on August 11, 2003 at 5:30 PM. The Committee discussed and recommends approval of contract administration items, Ordinance No 5786, and Resolution No. 3479. The Committee also discussed a Request for Proposals for utility billing software and received an update on the City water supply in the Lakeland area. The Committee also reviewed the draft 2004-2009 Transportation Improvement Plan and the Capital Project Status Report. The next regular meeting of the Public Works Committee is scheduled for Thursday, August 28, 2003 at 5:30 PM. D. Finance Chair Poe reported that the Finance Committee met this evening at 6:30 PM. The Committee discussed and recommends approval of claims and payroll vouchers and surplus property. The Committee also discussed Resolution No. 3631 and received reports on the Connection program and the Treatment Release program. The next regular meeting of the Finance Committee is scheduled for Tuesday, September 2, 2003 at 6:30 PM. Chair Poe requested that Human Resources Director Brenda Heineman report on the Treatment Release program. Director Heineman reported that the Treatment Release program is an alternative to incarceration program for alcohol and drug related issues. Since the program was approved by Council in May, 2001, 275 offenders have received treatment. Of those 275 individuals, 226 have not committed any misdemeanor crimes in the City of Auburn, which is an eighty-two percent success rate. The program has been extremely successful and is cost effective. IV. COUNCILMEMBER REPORTS At this time Councilmembers may report on items not specifically described on the agenda, which are of interest to the community. Mayor Lewis reported that renovations to the Council Chambers are progressing. Page 9 City of Auburn Council Meeting Minutes August 18, 2003 Mayor Lewis reported that discussion continues with the Suburban Cities Association concerning the jail agreement related to King and Yakima counties. Mayor Lewis referred to a letter from the Commission on Accreditation for Law Enforcement Agencies which stated that on July 12, 2003 the City of Auburn Police Department was awarded re -accreditation status and was recognized for professional excellence. 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 August 4, 2003 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 323301 through 323662 in the amount of $1,145,978.08 and dated August 18, 2003. 2. Payroll Payroll check numbers 505216 to 505395 in the amount of $594,791.52 and electronic deposit transmissions in the amount of $896,893.56 for a grand total of $1,491,685.08 for the pay period covering July 31, 2003 to August 13, 2003. C. Surplus Property F4.6.1 1. Fire Department F4.6.1 City Council to authorize the surplus and disposal of the following equipment no longer of use to the City: 8 lengths — 2.5" #759A, 7510A, A69A, 758A, GSA 34, 37, 38, 39/ 50 foot hose 6 lengths — 1.75" #82 48A, 82-13AA, 86-100, 86-100, 86-106, 773/ 50 foot hose D. Contract Administration 1. Public Works Proiect Number C9058 04.8.1 PR C9058 City Council approve Final Pay Estimate Number 4 to Contract 02-15 with Americon, Inc. and accept construction of Project Number C9058, West Hills Spring Storm Improvement. Page 10 City of Auburn Council Meeting Minutes August 18, 2003 2. Public Works Proiect Number C225A 04.9.1 PR C225A City Council award Contract 03-06, Project Number C225A, Oravetz Road Slope Repair and Guardrail, to SLM Construction, Inc., on their low bid of $124,845. 3. Public Works Project Number C21 OA 04.9.1 PR C21 OA City Council approve Final Pay Estimate Number 1 to Small Works Contract 02-19 with Doolittle Construction, Inc., and accept construction of Project Number C210A, Pavement Preservation — Non -classified Streets (Chip Seal Program). 4. Public Works Project Number 562 04.9.1 PR 562 City Council concur with the Final Pay Estimate for City of Kent contract with Mid Mountain Construction and accept construction of Project Number 562, South 277th Street Reconstruction. 5. Public Works Project Number C302A 04.9.1 PR C302A City Council authorize the Mayor to award Contract 03-08, Project Number C302A, West Valley Highway Reconstruction, to the lowest responsible bidder. E. Call for Public Hearing 2004 Budget F3.18 City Council to call for a public hearing to be held on September 15, 2003 to receive public comments and suggestions with regard to development of the 2004 Budget, including revenue estimates and possible increases in property taxes. Councilmember Singer moved and Councilmember Backus seconded to approve the consent items. MOTION CARRIED UNANIMOUSLY. 5-0. VI. UNFINISHED BUSINESS There were no items under this section for Council consideration. VII. NEW BUSINESS There were no items under this section for Council consideration. VIII. ORDINANCES AND RESOLUTIONS Page 11 City of Auburn Council Meeting Minutes August 18, 2003 A. Ordinances 1. Ordinance No. 5786 04.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 5507 by authorizing the Mayor to sign a Local Agency Supplemental Agreement between the City and the Washington State Department of Transportation, approving Federal TEA -21 funds to prepare and implement the South 277th Street Reconstruction Project, PR 562 Councilmember Poe moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5786. MOTION CARRIED UNANIMOUSLY. 5-0. B. Resolutions 1. Resolution No. 3479 03.10.9 A Resolution of the City Council of the City of Auburn, Washington, approving and authorizing the Mayor and City Clerk to execute the Agreement to acquire right -of way- in lieu of condemnation Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3479. MOTION CARRIED UNANIMOUSLY. 5-0. 2. Resolution No. 3629 05.1, A3.17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a Lease Agreement between the City and Stanley J. Flewelling for caretaker purposes at the Olson Canyon Farm Councilmember Singer moved and Councilmember Backus seconded to adopt Resolution No. 3629. MOTION CARRIED UNANIMOUSLY. 5-0. 3. Resolution No. 3630 05.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute an Agreement for Food Concession Services Page 12 City of Auburn Council Meeting Minutes August 18, 2003 between the City and Emerald City Baton, a non-profit organization Councilmember Singer moved and Councilmember Backus seconded to adopt Resolution No. 3630 MOTION CARRIED UNANIMOUSLY. 5-0. 4. Resolution No. 3632 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement and Easement with Puget Sound Energy for undergrounding electrical utilities Councilmember Singer moved and Councilmember Backus seconded to adopt Resolution No. 3632. MOTION CARRIED UNANIMOUSLY. 5-0. 5. Resolution No. 3633 03.4.2.1.2 A Resolution of the City Council of the City of Auburn, Washington, re-establishing and extending by an additional six months the moratorium on the filing of applications for licenses, permits and approvals for Sexually Oriented Businesses in accordance with Resolution No. 3436, and 3569, and in accordance with the work plan established in Resolution No. 3436, and setting a public hearing for the 2nd day of September, 2003, to consider the extension of the moratorium on the filing of applications for licenses, permits, and approvals for sexually oriented businesses Councilmember Singer moved and Councilmember Backus seconded to adopt Resolution No. 3633. MOTION CARRIED UNANIMOUSLY. 5-0. 6. Resolution No. 3635 04.9.3 A Resolution of the City Council of the City of Auburn, Washington, fixing 7:30 P.M. on September 2, 2003, as the time and date for a public hearing before the City Council on the 2004- 2009 Six-year Transportation Improvement Program Councilmember Poe moved and Council Cerino seconded to adopt Resolution No. 3635. MOTION CARRIED UNANIMOUSLY. 5-0. Page 13 City of Auburn Council Meeting Minutes August 18, 2003 IX. MAYOR'S REPORT A. Executive Session No executive session was held. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:55 PM. APPROVED THE DAY OF SEPTEMBER, 2003. Peter B. Lewis, Mayor Cathy Richardson, Deputy City Clerk Page 14 City of Auburn Council Meeting Minutes August 18, 2003 Page 15