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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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