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HomeMy WebLinkAboutITEM V-A-1 CITY COUNCIL MEETING MINUTES JANUARY 20, 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 Gene Cerino. Staff members present included: Public Works Director Dennis Dowdy; City Engineer Dennis Selle; Street Systems Engineer Seth Wickstrom; Transportation Planner Joe Welsh; Chief of Police Jim Kelly; Assistant Police Chief Larry Miller; GIS/Data Integration Manager Ashley Riggs; Parks, Arts, and Recreation Director Daryl Faber; City Attorney Daniel B. Heid; Finance Director Shelley Coleman; Risk Manager Rob Roscoe; Assistant Planning Director Kevin Snyder; and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There was no announcement. 2. Appointments City Council to consider the following appointment for a three-year term expiring December 31, 2011: a) White River Valley Historical Society Board Julie Herren Page 1 City of Auburn Council Meeting Minutes January 20, 2009 Deputy Mayor Singer moved and Councilmember Wagner seconded to confirm the appointment of Julie Herren to the White River Valley Historical Society Board. MOTION CARRIED UNANIMOUSLY. 7-0. D. Agenda Modifications Agenda modifications included the addition of an easement with Puget Sound Energy under Consent Agenda Item V.D, the addition of Resolution Nos. 4443 and 4444 under Items VIII.B.5 and 6, and a revision to Ordinance No. 6224 under Item VIII.A.2. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Way Agreement Application No. PWA 08-27 O3.10.9 Northwest Pipeline G.P. has applied to the City of Auburn for a Public Way Agreement for the right of entry, use, and occupation of certain public rights-of-way within the City of Auburn for two existing natural gas pipeline facilities, a 30- inch and a 36-inch pipeline. The majority of the 30-inch pipeline was constructed in 1971, except approximately 4,500’ that was constructed in 2005. The 36-inch pipeline was constructed in 2003. These pipelines are for transmission purposes and do not service area residents. Please note that under federal law the safety and maintenance of the pipelines is regulated by the U.S. Department of Transportation Pipeline Safety Regulations and Federal Energy Regulatory Commission (FERC). The City’s authority over the pipelines is strictly limited to regulating their physical presence in the City’s rights-of-way. Transportation Planner Joe Welsh presented the staff report for the hearing on the application for a public way agreement from Northwest Pipeline G.P. (also known as Williams Pipeline Company). A public way agreement is required of any commercial utility who wishes to occupy specific public rights-of-way of the City. Mr. Welsh displayed a map of the pipeline and the affected rights-of- way, including Lemmon Tree Lane, Academy Drive, Auburn Page 2 City of Auburn Council Meeting Minutes January 20, 2009 rd Way South, Bridget Avenue, 53 Street, Randall Avenue, th Lake Tapps Parkway, 65 Street, Elaine Court and the Sumner Tapps Highway. The agreement provides for a $2 million performance bond for right-of-way restoration and a $100 million insurance policy for catastrophic damages. The City’s authority to regulate commercial pipelines is limited to their physical presence in the City’s rights-of-way. Councilmember Peloza questioned the insurance requirements under Article 18.1 of the agreement related to a “claims made” policy and the three-year period for continuation of coverage. Risk Manager Roscoe assured Council that the industry standard is three years. Mayor Lewis opened the public hearing at 7:37. No one in the audience requested to speak regarding the proposed public way agreement. Mayor Lewis closed the public hearing. (For further action on this item, see Resolution No. 4335 under Item VIII.B.1.) 2. Local Improvement District No. 350 Final Assessment Roll F2.4.9 City Council to conduct a public hearing for the purpose of receiving public comments from any person desiring to object to any assessment appearing on the final assessment roll for Local Improvement District No. 350 as ordered by Ordinance No. 6111 for the purpose of providing certain improvements of sidewalks, curbs/gutters, driveways, wheelchair access ramps, and landscape strips along the thth west side of M Street SE between 29 Street SE and 37 Street SE. Street Systems Engineer Seth Wickstrom presented the staff report for the public hearing on the Final Assessment Roll for Local Improvement District (LID) No. 350. Using PowerPoint slides, Mr. Wickstrom reviewed the establishment of the LID, cost estimates versus actual project costs, the method of assessment, assessment confirmation and payments. Page 3 City of Auburn Council Meeting Minutes January 20, 2009 The LID was created by Ordinance No. 6111 in August of 2007. The initial cost estimate was $224,156, which was to be shared equally by the City and the property owners. The property owners’ share was capped at $112,078. The actual project costs are $234,129. The LID assessments were calculated based on three aspects: based on linear feet of frontage, square footage of property (applicable to three parcels only) and a special assessment for linear feet of driveway. The purpose of the hearing this evening is to provide an opportunity for LID participants to object to any assessment appearing on the final assessment roll. An ordinance confirming the final assessment roll will be presented at the February 2, 2009 Council meeting. In response to a question from Councilmember Peloza, Finance Director Coleman stated that the interest rate on the LID is proposed at five percent. Mayor Lewis opened the hearing at 7:43 p.m. Judy Dafoe, 2915 M Street SE, Auburn Ms. Dafoe objected to property owner participation in the LID. She believes the City should pay the entire cost of the sidewalk improvements as it provides safe passage for school children and other pedestrian traffic from the neighborhood. Ms. Dafoe stated that she is disabled and cannot afford the assessment. She objected to interest being applied to the assessment. There being no further comment, Mayor Lewis closed the public hearing at 7:57 p.m. Councilmember Wagner inquired regarding parcels along rd 33 Street SE that are not included in the LID. City Engineer Selle and Street Systems Engineer Wickstrom explained that the properties do not front on M Street SE rd and abut a separate public right-of-way (33 St SE). Since these properties would be required to participate in an LID rd to improve 33 Street SE, staff thought it would not be fair to also include them in this LID to improve M Street SE. Page 4 City of Auburn Council Meeting Minutes January 20, 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. Mayor Lewis commented regarding the City Councilmembers’ roles regarding quasi judicial matters and the appearance of fairness. Mayor Lewis explained that Councilmembers are prevented from discussing quasi-judicial matters with constituents and parties involved in a quasi-judicial matter in order to ensure a fair hearing for the affected parties. Any conversation about a quasi-judicial topic may invite a challenge to the Councilmember’s participation in a quasi-judicial hearing. No one from the audience addressed the Council. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported that the Municipal Services Committee met January 12, 2009. The Committee approved consent items and Ordinance No. 6216 relating to false alarms. The Committee also discussed the South Correctional Entity (SCORE) facility and a consultant agreement with Dorbritz Architects related to work for the Annex tenant improvements. The next meeting of the Municipal Services Committee is scheduled for January 26, 2009 at 4:00 p.m. B. Planning & Community Development Councilmember Norman reported the Planning and Community Development Committee met January 12, 2009. The Committee approved Resolution No. 4439 authorizing an Agreement for Professional Services with ICF Jones & Stokes. The Committee discussed the South Correctional Entity (SCORE) facility, the Auburn Shoreline Master Plan update, Resolution No. 4440 relating to the South County Area Transportation Board, the code update project, residential conversions, the health care district overlay, and environmental district/green zone development. The Page 5 City of Auburn Council Meeting Minutes January 20, 2009 next regular meeting of the Planning and Community Development Committee is scheduled for January 26, 2009 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:00. The Committee approved contract administration items including permission to advertise Project No. CP0762, the Les Gove Neighborhood Improvement Project, and the award of Project No. C504A, the R Street SE Utility Improvements. The Committee also approved an easement with Puget Sound Energy and Resolution No. 4440 related to participation in the South County Area Transportation Board. The Committee discussed Resolution No. 4442 amending the floodplain moratorium, the development code update project, the Shoreline Master Plan, Ordinance No. 6224 relating to the South Correctional Entity (SCORE), design standards, water reclamation, and the Stewart Road Project. The next regular meeting of the Public Works Committee is scheduled for February 2, 2009 at 3:00 p.m. D. Finance Chair Backusreported the Finance Committee met this evening at 6:30. The Committee approved consent items consisting of claims and payroll vouchers and a consulting services agreement with Dorbritz Architects. The Committee also approved Resolution No. 4443 authorizing an addendum to the current contract with Recovery Centers of King County and Resolution No. 4444 authorizing an agreement with Prosperity Counseling and Treatment Services. The Committee discussed Ordinance No. 6224 regarding the South Correctional Entity (SCORE) Facility. The next regular meeting of the Finance Committee is scheduled for February 2, 2009 at 6:30 p.m. E. Community Center Chair Wagner reported that the Community Center Committee has not met since the last Council meeting. The next meeting of the Community Center Committee is scheduled for January 27, 2009 at 9:00 a.m. at the Veterans Building. F. Downtown Redevelopment Chair Norman reported the Downtown Redevelopment Committee has not met since the last City Council meeting. The next meeting of the Downtown Redevelopment Committee is scheduled for January 22, 2009 at 9:00 a.m. Page 6 City of Auburn Council Meeting Minutes January 20, 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 reported on the Council’s attendance at the groundbreaking ceremony for the Auburn Professional Plaza. Deputy Mayor Singer also reported on the Suburban Cities Association caucus orientation, an area officials meeting regarding connection of trails in South King County and Pierce County, a Tourism Board meeting, a tour of the White River Valley Historical Museum with King County Executive Ron Sims and staff, participation at the South County Leadership Institute’s mock council meeting, and the Suburban Cities Association public issues committee. As the Council’s designated representative, Councilmember Wagner attended the Arts Commission meeting where artist, Virginia Paquette, presented information on the Community Center public art project. Councilmember Wagner also reported on his attendance at a Regional Access Mobility Partnership meeting (a Pierce County transportation forum) where members received a briefing on the possible conversion of SR 167 to a toll road and discussed the transportation element of the Governor’s Climate Action Plan and potential transportation issues in the legislature. Councilmember Norman spoke regarding her attendance at the Puget Sound Regional Council Growth Management Policy Committee meeting and the importance of Auburn having representation in county and regional organizations. Councilmember Cerino reported on his attendance at the Pierce County Regional Council. He encouraged members of the Council to attend the annual meeting of the Pierce County Regional Council General Assembly later this month. Councilmember Peloza reported on his attendance at the Suburban Cities Association orientation for appointed committee members and Regional Water Quality Committee meeting. Councilmember Peloza also attended the South Sound Chamber of Commerce Legislative Coalition meeting where transportation Page 7 City of Auburn Council Meeting Minutes January 20, 2009 issues, education, and flood control were discussed. Additionally, Councilmember Peloza attended the King County Solid Waste Advisory Committee meeting. B. From the Mayor Mayor Lewis reported that two blocks of downtown are currently under construction. He reminded that downtown construction cameras are available on the City’s web site. Mayor Lewis reported on his recent trip to a meeting of the Mayors of the United States in Washington, D.C., where mayors discussed the federal stimulus package. Mayor Lewis reported on the status of Howard Hanson Dam according to the latest report from the United States Corps of Engineers. During recent rain storms and flooding event, Howard Hanson Dam sustained damage. The Corps has announced a pool level restriction in order to further assess the extent of the damage. The level of the Green River and the condition of the dam will be closely monitored. 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 January 5, 2009 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims 2008 claims check numbers 381829 through 381831 and numbers 381834 through 382083 in the amount of $1,956,591.61 and dated January 20, 2009. 2009 claims check numbers 381832 through 381833 and numbers 382084 through 382182 in the amount of $2,290,830.68 and dated January 20, 2009. 2. Payroll Payroll check numbers 525474 to 525575 in the amount of $870,859.63 and electronic deposit transmissions in the amount of $1,175,668.90 for a grand total of $2,046,528.53 Page 8 City of Auburn Council Meeting Minutes January 20, 2009 for the pay period covering December 29, 2008 to January 9, 2009. C. Contract Administration 1. Parks Project Number CP0708 O5.2 City Council approve award of Contract 07-25, Project Number CP0708, Brannan Park Lighting Project, to Milne Electric, Inc., on their low bid of $107,000.00 plus Washington State sales tax of $9,630.00 for a total contract price of $116,630.00. 2. Public Works Project Number CP0762 O4.9.1 CP0762 City Council grant permission to advertise for bids for Project No. CP0762, Les Gove Neighborhood Improvements – Phase 1. 3. Public Works Project Number C504A O4.6.3 C504A City Council award Contract 05-17, Project Number C504A, R Street SE Utility Improvements to Interwest Development, Inc. on their low bid of $2,512,108.75plus Washington State sales tax of $85,123.32 for a total contract price of $2,597,232.07. 4. Agreement for Consulting Services with Dorbritz Architects A3.16.14, O4.4.11 City Council approve an Agreement for Consulting Services with Dorbritz Architects for services related to Annex tenant improvements. D. Easement with Puget Sound Energy City Council to authorize the execution of an easement with Puget Sound Energy on City-owned property. Deputy Mayor Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED. 6-1. Councilmember Haugen voted no. Page 9 City of Auburn Council Meeting Minutes January 20, 2009 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. 6216 O1.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 9.30 of the Auburn City Code relating to false alarms Councilmember Cerino moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6216. MOTION CARRIED. 6-1. Councilmember Haugen voted no. 2. Ordinance No. 6224 O1.7.1 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the execution of an interlocal agreement relating to the South Correctional Entity Facility and the formation of the South Correctional Entity Facility Public Development Authority Councilmember Cerino moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6224. MOTION CARRIED. 6-1. Councilmember Haugen voted no. Mayor Lewis requested that prior to Auburn’s voting member acting on a bond issue for the South Correctional Entity Facility Public Development Authority, a resolution of support from Council will be required. B. Resolutions Page 10 City of Auburn Council Meeting Minutes January 20, 2009 1. Resolution No. 4435 O3.10.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Public Way Agreement between the City of Auburn and Northwest Pipeline G.P. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 4435. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 4439 A3.16.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amendment to Agreement AG-C-347 with ICF Jones & Stokes, Inc. to assist the City in updating the City’s development codes Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4439. MOTION CARRIED. 6-1. Councilmember Haugen voted no. 3. Resolution No. 4440 A5.3.33 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an amendment to the Interlocal Agreement for the continuation of participation on the South County Area Transportation Board Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 4440. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 4442 O3.10.8 A Resolution of the City Council of the City of Auburn, Washington, modifying the moratorium created and Page 11 City of Auburn Council Meeting Minutes January 20, 2009 established by Resolution No. 4416 for the remainder of the initial six (6) month period of time on the filing, receipt, and approval of applications for development within areas of the city located within, in whole or in part, floodplains as determined by the Federal Emergency Management Administration Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 4442. MOTION CARRIED. 6-1. Councilmember Haugen voted no. 5. Resolution No. 4443 A1.4.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an addendum to the April 5, 2007 contract, amended on March 12, 2008, between the City of Auburn and Recovery Centers of King County (RCKC) Councilmember Backus moved and Councilmember Peloza seconded to adopt Resolution No. 4443. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 4444 A1.4.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and Prosperity Counseling & Treatment Services, Inc. Councilmember Backus moved and Councilmember Peloza seconded to adopt Resolution No. 4444. MOTION CARRIED UNANIMOUSLY. 7-0. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:50 p.m. APPROVED THE ______ DAY OF FEBRUARY, 2009. Page 12 City of Auburn Council Meeting Minutes January 20, 2009 Peter B. 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 13 City of Auburn Council Meeting Minutes January 20, 2009 Page 14