HomeMy WebLinkAboutITEM V-A-1
*
CITY OF * * CITY COUNCIL
MEETING MINUTES
* WAS H I N N JANUARY 5, 2009 7:30 PM
I. CALL TO ORDER
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, Bill
Peloza, Lynn Norman, and Virginia Haugen.
Staff members present included: Human Resources/Risk and
Property Management Director Brenda Heineman, Chief of Police
Jim Kelly, Information Services Director Lorrie Rempher, Assistant
Planning Director Kevin Snyder, Assistant Chief of Police Bob Lee,
Public Works Director Dennis Dowdy, Environmental Protection
Manager Kelly McLain Aardal, Police Sergeant Mark Caillier, Police
Commander Bill Pierson, Storm Drainage Engineer Tim Carlaw,
Parks, Arts and Recreation Director Daryl Faber, City Attorney
Daniel B. Heid, Finance Director Shelley Coleman,
Communications Manager Dana Hinman, Assistant City Attorney
Steven Gross, and Deputy City Clerk Cathy Richardson.
C. Announcements and Appointments
1. Announcements
a) Medal of Distinction
Police Chief Jim Kelly read the Auburn Police
Department's Medal of Distinction citation issued to
Police Sergeant Mark Caillier. Chief Kelly reported on
Sergeant Cailliers' heroic act in saving the life of a
woman involved in an incident in which her vehicle
was nearly submerged in a drainage pond. While
Page 1
Citv of Auburn Council Meetinq Minutes Januarv 5, 2009
waiting for other officers to arrive on the scene, the
woman's vehicle continued to sink and fill with water.
The driver was disoriented and in no condition to save
herself. Sergeant Caillier entered the cold water
without regard to his own personal safety to endeavor
to free the driver from the car and pull her to safety on
the bank. Sergeant Caillier exhibited outstanding
courage and commitment to the Auburn Police
Department's core values of professionalism and
dedication.
Mayor Lewis presented the Medal of Distinction to
Sergeant Caillier and thanked him on behalf of the
City of Auburn and its citizens for his outstanding
service.
Chief Kelly stated that Sergeant Caillier also received
the Medal of Distinction for life saving in January
2000. On behalf of the Auburn Police Department
administrative staff, Chief Kelly presented the
Command Staff Coin for Excellence in Service to
Sergeant Caillier.
Sergeant Caillier was joined by his wife Paula,
daughter Ashley, and son John.
b) Tribute to Former Councilmember Jeanne Barber
Mayor Lewis reported on the passing of former
Councilmember Jeanne Barber. Ms. Barber served
on the Auburn City Council from 1991 until 2003
when she retired and moved to Sherman, Texas to be
closer to her family. She served as Mayor Pro Tem
from 1996 to 2003. Ms. Barber was a mentor to
many new Councilmembers. Among other
accomplishments, she was instrumental in the
passage of the curFew ordinance in the City of
Auburn.
Councilmember Backus stated that she met Ms.
Barber when she was 16 years old. Over the years,
Ms. Barber taught her through her actions, what it
meant to be a strong, confident, determined woman.
When Ms. Barber lost her son at a young age to a
tragic accident, she created the Steve Barber
Page 2
Citv of Auburn Council Meetinp Minutes Januarv 5, 2009
Memorial Scholarship of which Councilmember
Backus was a fortunate recipient. Councilmember
Backus expressed her great admiration for Ms.
Barber.
Councilmembers paid tribute to Ms. Barber's years of
service to the City of Auburn and her many other
accomplishments. They expressed their gratitude for
her mentorship and stated that it was a privilege to
work with Ms. Barber who knew how to get things
done and whose words were always kind and wise.
Ms. Barber was instrumental in fostering respect
amongst Councilmembers. The loss of Ms. Barber is
great and she will be missed very much.
Mayor Lewis noted that a service will be conducted in
Texas on Wednesday and a memorial service will be held for Ms. Barber on Friday, January 9, 2009 at
11:00 a.m. at Fort Lawton Military Cemetery in
Discovery Park. Flags in the city will be flown at half
mast from Wednesday through Friday in honor of
Jeanne Barber.
2. Appointments
City Council to consider the following reappointments for
three-year terms expiring December 31, 2011:
a) Cemetery Board
Fred Helser
Kenneth Bradford
b) Human Services Committee
Michael Harbin, Sr.
AJ (Tony) Ladner
c) Park & Recreation Board
Michael Hassen
Paul Wohlhueter
d) Planning Commission
Judi Roland
e) Urban Tree Board
Leonard Elliott
Page 3
Citv of Auburn Council Meetina Minutes Januarv 5. 2009
Deputy Mayor Singer moved and Councilmember Wagner
seconded to confirm the appointments as listed to the
Cemetery Board, Human Services Committee, Park and
Recreation Board, Planning Commission and Urban Tree
Board.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Appointments
City Council to consider the following appointments for
three-year terms expiring December 31, 2011:
a) Urban Tree Board
Lisa Harmon
b) Park & Recreation Board
John Webley
Deputy Mayor Singer moved and Councilmember Wagner
seconded to confirm the appointments of Lisa Harmon to the
Urban Tree Board and John Webley to the Park and
Recreation Board.
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Agenda Modifications
Agenda modification included transmittal of revised Resolution No.
4437.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Moratorium - Development in 100 Year Floodplains
Resolution No. 4416, adopted November 17, 2008,
established an initial six-month moratorium on the filing,
receipt, and approval of applications for development within
areas of the City located within, in whole or in part,
designated 100 year floodplains as determined by the
Federal Emergency Management Agency, and set the date
for a public hearing January 5, 2009, to consider the
moratorium.
Page 4
Citv of Auburn Council Meetinq Minutes Januarv 5, 2009
Environmental Protection Manager Kelly McLain Aardal reported
that, on September 21, 2008, the National Marine Fishery Service
(NMFS) issued a biological opinion on the National Flood Insurance
Program (NFIP) which is administered by the Federal Emergency
Management Agency (FEMA). The NMFS findings were related to
the Endangered Species Act (ESA) and found that the NFIP as
currently administered was in violation of the ESA and illegal. On
October 21, 2008, FEMA sent correspondence regarding the
biological opinion to the City of Auburn and 120 other jurisdictions
affected by the decision. The correspondence recommended a
moratorium on flood plain development until FEMA and NMFS
could develop a strategy to deal with inconsistencies befinreen the
ESA and NFIP. No completion timeline was provided in the
correspondence with regards to strategy development. On
November 17, 2008, Auburn City Council adopted an initial six
month moratorium on flood plain development, which currently
extends through May 17, 2009 and affects any City development
related approvals for properties located completely or partially
within the flood plain.
Since that time, the City has developed a Flood Plain Review
Committee consisting of staff from the Planning, Building and
Community, Public Works, and Legal Departments, which meet on
a regular basis. Although the Flood Plain Review Committee is not
processing current applications or accepting new applications, the
Committee reviews each individual circumstance to determine
whether the moratorium applies to that application. On December
10, 2008, City staff held a public information meeting on the flood
plain moratorium at Les Gove Center. The meeting included a
presentation and question and answer session. There were more
than fifty members of the public in attendance. Staff also
participated in a regional conference call with other affected
jurisdictions, including King County and the cities of Auburn, Kent,
Renton, Tukwila, Maple Valley, and Burlington. Staff is currently
compiling a list of questions from all the jurisdictions to submit to
FEMA for response at another regional conference call within the
next finro weeks.
At 7:51 p.m., Mayor opened the public hearing.
Terry Danysh, 1420 5th Avenue, Suite 3400, Seattle
Mr. Danysh stated that he is the attorney representing the
Robertson Properties Group, which is one of the projects affected
by the moratorium. Mr. Danysh argued that the October 21 FEMA
Page 5
Citv of Auburn Council Meetina Minutes Januarv S. 2009
correspondence does not require implementation of a moratorium,
but suggested that was only one approach that might be taken and
also suggested several alternatives. Mr. Danysh suggested that
the moratorium does not treat all properties fairly or equally. The
Robertson Properties Group project has been pending for several
years before the City. City staff has worked very had to assist the
Robertson Properties Group with development of the project and
urged them to submit a grading permit application to vest against
the FEMA map amendment proposed by NMFS. The moratorium
poses a severe threat to the project. The Port of Seattle allows
compensatory storage for all run-off from the Robertson Properties
Group property to an adjacent Port of Seattle property. The
compensatory storage is jeopardized due to the moratorium, and if
lost, will jeopardize the project. Mr. Danysh expressed sympathy
with the City's position, but urged Council to take the lead with
FEMA and NMFS to work towards an area-wide plan. On behalf of
the Robertson Properties Group, Mr. Danysh pledged to assist the
City in any way they can to resolve the issues.
David Craven, River Mobile Estates, 3611 I Street NE, Auburn
Mr. Craven stated that he is the resident manager of the River
Mobile Estates. There are a number of residents concerned about
their homes and impacts with regard to repairs to and replacement
of some homes. Mr. Craven requested that residents be kept
informed with regard to the moratorium. Mr. Craven also
expressed concerns regarding a levee project scheduled for spring.
Mara Heiman, 6430 South 287th Street, Auburn
Ms. Heiman stated that the moratorium is based on opinion only.
Comprehensive planning can be a choice made by
Councilmembers. Ms. Heiman spoke regarding hardships suffered
by neighbors due to water damage caused to properties located
within the moratorium area. Ms. Heiman also expressed grave
concerns regarding future storage of storm water. Ms. Heiman
stated that she just wants to sell her property and get out. She
urged Council to make a decision that is equitable to the finrenty-five
homes in her neighborhood.
Kathleen Malek, 320 Western Avenue, Auburn
Ms. Malek spoke regarding water that has been diverted onto her
property. Ms. Malek also spoke regarding health issues caused by
mildew and the deaths due to cancer of four residents residing on
Western Avenue. Ms. Malek spoke regarding a pamphlet
distributed to Mayor Lewis and Councilmembers from her real
Page 6
Citv of Auburn Council Meetinp Minutes Januarv 5, 2009
estate agent related to her property. Ms. Malek urged Council to
help residents regarding flooding issues.
Mayor cautioned Ms. Malek that she is speaking regarding an area
that is not within the moratorium area.
Joe Schuler, 28014 West Valley Highway, Auburn
Mr. Schuler spoke regarding concerns related to water issues on
285th and 287th and the pond near Oak Harbor Freight Lines. Mr.
Schuler stated that the pond is full all year long now, when it used
to only be full from May to October. Mr. Schuler also expressed
concerns regarding containment of the Green River and Mullens
Slough.
Mara Heiman, 6430 South 287th Street, Auburn
Ms. Heiman spoke regarding the Meyers Golf Levy widening
project, which was an Army Corp of Engineers levy improvement,
and adverse affects the project caused neighboring properties. Ms.
Heiman believes that FEMA has overstated their floodplain
boundaries on many of the parcels in her neighborhood. Ms.
Heiman urged Council to speak to FEMA on behalf of the
residents.
Howard Cottier, 181 Old Beaver Valley Road, Port Ludlow
Mr. Cottier stated that he owns property adjacent to Ms. Heiman's
property. Mr. Cottier concurred with statements made by Ms.
Heiman and urged the City to take the leadership role with FEMA.
No one else in the audience requested to speak
At 8:13 p.m., Mayor Lewis closed the public hearing.
Mayor Lewis instructed staff to develop strategies for proceeding
with regard to FEMA and developing a group or partnership with
the residential and business communities, including realtors and
the Chamber of Commerce, so as to present a united front to
FEMA on these issues. Mayor Lewis spoke regarding FEMA
punitive actions that occurred in Pierce County. Mayor Lewis
instructed anyone in the audience interested in participating on this
issue to speak with City staff in the lobby.
Page 7
Citv of Auburn Council Meetinq Minutes Januarv S. 2009
B. 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.
Rhonda Witzler, 4821 Kent Des Moines Road, Kent
Ms. Witzler stated that she is the real estate agent representing
Kathy and Robert Malek. Ms. Witzler stated that they are trying to
reclaim the real estate value of the Malek property which is within
the Environmental Park District. Ms. Witzler spoke regarding
problems encountered with commercial proposals presented to the
Planning Department by potential buyers and expressed concerns
that only 35% of the property can be developed. Ms. Witzler urged
the City to clean up Western Avenue and requested help from City
Council in resolving the Malek's issues.
Mara Heiman, 6430 South 287th Street, Auburn
Ms. Heiman stated that, approximately ten years ago, she
expressed concerns regarding the Mill Creek Flood Control Plan,
Aquatic Restoration Plan, and Special Area Management Plan
(SAMP). Ms. Heiman stated that SAMP was never adopted
because property owners could never be compensated for the loss
of their property due to water that would be delivered to these
areas. Ms. Heiman urged Council to develop a means for
compensating property owners for the loss of their properties.
Nancy Colson, 1214 O Street NE, Auburn
Ms. Colson spoke on behalf of the Auburn Symphony Orchestra.
Ms. Colson was joined by Board Chair Jim Blanchard and General
Manager Lee Valenta. Ms. Colson shared stories related to the
development of the Auburn Symphony Orchestra and cultural
tourism. Ms. Colson thanked Mayor Lewis and Councilmembers
for their continued support over the years.
In response to questions from Mayor Lewis regarding status on the
Malek property, Assistant Planning Director Kevin Snyder reported
that staff have researched utility and right-of way issues and would
be happy to provide that information to Ms. Malek. Assistant
Director Snyder also clarified that the 35% coverage relates to the
amount of building square footage that can be placed on a property
within the Environmental Park District.
C. Correspondence
There was no correspondence for Council review.
Page 8
Citv of Auburn Council Meetinq Minutes Januarv 5. 2009
III. COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Cerino reported that the December 22, 2008 Municipal
Services Committee meeting was cancelled. The next regular
meeting of the Municipal Services Committee is scheduled for
January 12, 2009 at 4:00 p.m.
B. Planning & Community Development
Chair Norman reported that the December 22, 2008 Planning and
Community Development Committee meeting was cancelled. The
next regular meeting of the Planning and Community Development
Committee is scheduled for January 12, 2009 at 5:00 p.m.
C. Public Works
Chair Wagner reported that the Public Works Committee met this
afternoon at 3:00. The Committee discussed and recommends
approval of Resolution No. 4434 and Ordinance No. 6222. The
Committee also discussed Resolution Nos. 4437 and 4438, 4th St
project, water supply strategy, design standards updates, Public
Works Stimulus Projects, and capital projects status reports. The
next regular meeting of the Public Works Committee is scheduled
for January 20, 2009 at 3:00 p.m.
D. Finance
Chair Backus reported that the Finance Committee met this
evening at 6:30. The Committee discussed and recommends
approval of claims and payroll vouchers, a contract administration
agreement, and Resolution Nos. 4437 and 4438. The Committee
also discussed a Valley Regional Fire Authority (VRFA) Law
Enforcement Officers and Firefighters (LEOFF1) administration
issue. The next regular meeting of the Finance Committee is
scheduled for January 20, 2009 at 6:00 p.m.
E. Community Center
Chair Wagner reported that the Community Center Committee has
not met since his last report. The next Community Center
Committee meeting has not yet been seheduled.
F. Downtown Redevelopment
Chair Norman reported that the next Downtown Redevelopment
Committee meeting is scheduled for January 22, 2009 at 9:00 a.m.
Page 9
Citv of Auburn Council Meetinq Minutes Januarv S. 2009
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
Deputy Mayor Singer thanked street crews for their hard work and
commended their efforts during the recent snow storms.
Councilmember Peloza reported on the International Farmer's
Market Steering Committee, which is on schedule and on budget.
The Committee is meeting or beating their goals. Two candidates
will soon be interviewed for manager of the market. The
Committee is forming the market Board of Directors and will then
apply for 501 C3 status. The grand opening is scheduled for
Sunday, June 14, 2009 at the Sounder Plaza. Councilmember
Peloza invited interested parties to volunteer.
B. From the Mayor
Mayor Lewis reported that he has been working with several groups
regarding the Federal Stimulus Package, including the United
States Mayors, National League of Cities, and Association of
Washington Cities, to develop project lists for submittal. The
projects must be ready to commence within ninety days of federal
approval. The City of Auburn submitted projects totaling
$136,000,000 which would create over 2,440 jobs within city limits.
Mayor Lewis spoke regarding failing infrastructures throughout the
nation. The project focus is on getting people back to work and
improving the infrastructure.
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 December 15, 2008 regular City Council
meeting.
Page 10
Citv of Auburn Council Meeting Minutes Januarv 5, 2009
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 381381 through 381828 in the
amount of $1,296,188.40 and a wire transfer in the amount
of $4,722.00 and dated January 5, 2009.
2. Payroll
Payroll check numbers 525327 to 525473 in the amount of
$360,933.39 and electronic deposit transmissions in the
amount of $1,163,621.87 for a grand total of $1,524,555.26
for the pay period covering December 11, 2008 to
December 31, 2008.
C. Contract Administration
1. Agreement for Consulting Services
A3.16.6, 04.4.13
City Council approve an Agreement for Consulting Services
with Keithly Barber Associates, Inc. to provide Fundamental
and Enhanced Commissioning Authority services relating to
the Community Center Project.
Deputy Mayor Singer moved and Councilmember Wagner seconded to
approve the consent agenda.
Councilmember Haugen commented that she had not had time to read
the vouchers and would be voting in opposition to the consent agenda.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
VI. UNFINISHED BUSINESS
There was no unfinished business.
VII. NEW BUSINESS
There was no new business.
Page 11
Citv of Auburn Council Meetinq Minutes Januarv 5, 2009
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 6222
01.2
An Ordinance of the City Council of the City of Auburn,
Washington, amending Chapter 10.36 of the Auburn City
Code relating to parking of commercial and recreational
vehicles and trailers
Councilmember Wagner moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 6222.
Councilmember Cerino spoke regarding commercial and
recreational vehicle parking on unimproved shoulders. If
businesses are required to provide parking spaces, then
those warehousing areas needing the use of additional
parking areas for semi-trucks along the road should be
required to provide improved shoulders for that purpose.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolutions
1. Resolution No. 4434
03.10.9
A Resolution of the City Council of the City of Auburn,
Washington setting a public hearing to consider a Public
Way Agreement with Northwest Pipeline G.P.
Councilmember Wagner moved and Councilmember Cerino
seconded to adopt Resolution No. 4434.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 4437
A3.16.5
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a contract with Auburn Symphony Orchestra for tourism
promotion services
Page 12
Citv of Auburn Council Meetinq Minutes Januarv 5, 2009
Councilmember Backus moved and Councilmember Peloza
seconded to adopt Resolution No. 4437.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 4438
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 Councilmember Peloza
seconded to adopt Resolution No. 4438.
MOTION CARRIED. 6-1.
Councilmember Haugen voted no.
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:44 p.m.
APPROVED THE DAY OF JANUARY 2009.
Peter B. Lewis, Mayor Cathy Richardson, Deputy 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 13