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HomeMy WebLinkAbout03-01-2004CITY OF WAS H I NGTON CITY COUNCIL MEETING MINUTES March 1, 2004 7:30 PM CALL TO ORDER 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. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Roger Thordarson, and Lynn Norman. Staff members present included: Planning and Community Development Director Paul Krauss, Finance Director Shelley Coleman, City Attorney Daniel B. Held, Transportation Planner Joe Welsh, Public Works Director Dennis Dowdy, Museum Director Patricia Cosgrove, Planner Sean Martin, Human Resources/Risk Management Director Brenda Heineman, Parks and Recreation Director Daryl Faber, Police Chief Jim Kelly, Acting Fire Chief Russ Vandver, Museum Bookkeeper/Administrative Assistant Kristen Bruhahn, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - Museum Month Mayor Lewis declared the month of March 2004 as Museum Month in the City of Auburn. Mayor Lewis presented the Proclamation to Museum Director Patricia Cosgrove. Director Cosgrove noted Washington State and King County 2003 awards received by the museum and Page 1 City of Auburn Council Meeting Minutes March 1, 2004 stated that the White River Valley Museum has been ranked second with regard to grants awarded to museums within King County. Director Cosgrove was joined by Museum Board Member Gordy Nishimoto, Board Treasurer Ann Mehl, and staff member Kristen Bruhahn. b) Proclamation - Red Cross Month Mayor Lewis declared the month of March 2004 as Red Cross Month in the City of Auburn. Mayor presented the Proclamation to Red Cross Volunteer Larry LaCombe. Appointments City Council to confirm the following appointment: a) Human Services Committee The appointment of A. J. (Tony) Ladner to fill an unexpired five-year term that will expire on December 31, 2005. Councilmember Singer moved and Councilmember Wagner seconded to confirm the appointment of A. J. (Tony) Ladner to the Human Services Committee. MOTION CARRIED UNANIMOUSLY. 7-0. Agenda Modifications The following agenda items were distributed to the Council prior to the meeting: revised Ordinance No. 5833 under Item VIII.A.6 of these minutes and revised Exhibit A to the agreement related to Resolution No. 3697 under Item VIII.B.7 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings LID 250 Final Assessment Roll Hearing 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 Page 2 City of Auburn Council Meeting Minutes March 1, 2004 roll for Local Improvement District (LID) No. 250 as ordered by Ordinance No. 5821 for the purpose of providing certain public parking improvements in downtown Auburn. Finance Director Shelley Coleman introduced Attorney Stephen Dijulio with Foster, Pepper, and Shefelman. Mr. Dijulio reviewed the LID process. LID 250 was created to provide financing for 85 of the 180 parking stalls in the Auburn Transit Station parking garage and specially benefits a particular downtown business. Mayor Lewis opened the public hearing. City Clerk Danielle Daskam correspondence or protests were 250. confirmed that no received regarding LID No one in the audience requested to speak. Mayor Lewis closed the public hearing. Councilmember Wagner inquired regarding the availability of and responsibility for security for after-hours garage parking. Director Krauss responded the current contract between the City of Auburn and Sound Transit provides for after-hours parking until 9:00 p.m. Negotiations are underway to extend the parking hours beyond 9:00 p.m. The City of Auburn would bear the cost of after-hours operations. (See Item VIII.A. 6 for further action on this item.) Vacation Application No. V-04-03 03.9 V-04-03 City Council to conduct a public hearing on a petition for vacation of a portion of 4th Street SE. Transportation Planner Joe Welsh presented a staff report on Vacation Application No. V-04-03. Staff recommends granting this vacation. Mayor Lewis opened the public hearing. No one in the audience requested to speak. Page 3 City of Auburn Council Meetin,q Minutes March 1, 2004 Mayor Lewis closed the public hearing. (See Item VILLA. 1 for further action related to this item.) Vacation Application No. V-05-03 03.9 v-05-03 City Council to conduct a public hearing on a petition for vacation of right-of-way located south of 812 10th Street NE and west of I Street NE. Mr. Welsh presented a staff report on Vacation Application No. V-05-03. Staff recommends granting this vacation conditioned upon retaining easements for utilities and ingress and egress purposes, and also conditioned upon removal of debris on the property and maintenance and use of the area as a playground. Mayor Lewis commended Councilmembers Singer and Cerino for their efforts with regard to this issue. Mayor Lewis opened the public hearing. Attorney Brian Roberts, 812 10th Street NE, Auburn Mr. Roberts spoke on behalf of New Orleans Associates. Mr. Roberts noted that the property was recently foreclosed upon and is currently under receivership. Mr. Roberts stated that New Orleans Associates only recently received notification regarding the proposed vacation. Mr. Roberts inquired regarding liability with regard to clean up and requested the vacation be tabled to allow sufficient time to address conditions of the subject property. Russ Clark, 734 10th St NE, Auburn Mr. Clark stated that he represents RBJK and is also the owner of the Claree Apartments, which are adjacent to the Olympic Court Apartments. Mr. Clark expressed concerns related to his property, the Olympic Court Apartments, and liability with regard to the proposed playground at the Olympic Court Apartments. Page 4 City of Auburn Council Meetin.q Minutes March 1,2004 Joanna Hudspeth, 905 "1" Street NE, Auburn Ms. Hudspeth spoke regarding a utility easement on her property. Mayor Lewis closed the public hearing. (See Item VIII.A.2 for further action related to this item.) Vacation Application No. V-06-03 03.9 V-06-03 City Council to conduct a public hearing on a petition for vacation of a portion of alleyway located south of 4th Street SE and east of K Street SE. Mr. Welsh presented a staff report on Vacation Application No. V-06-03. Staff recommends granting this vacation. Mayor Lewis opened the public hearing. Ray Richcreek, 819 10th Street NE, Auburn Mr. Richcreek inquired regarding the impact of the proposed vacation to abutting properties. Ron Boyle, 27527 117th Avenue SE, Auburn Mr. Boyle requested assistance with regard to adjacent Burlington Northern Railroad (BNRR) property that needs to be cleaned up. At the direction of Mayor Lewis, Mr. Welsh indicated that staff would correspond with the BNRR regarding the state of their property and forward a copy of the correspondence to Mr. Boyle. Lenny Canfield, 1004 4th Street SE, Auburn Mr. Canfield inquired regarding the property division of the proposed vacation. Mr. Welsh responded that the property would be divided equally between the adjacent property owners. Mayor Lewis requested that Mr. Welsh meet with the property owners and address any questions they may have. Page 5 City of Auburn Council Meetin.q Minutes March 1, 2004 Mayor Lewis closed the public hearing. (See Item VIII.A.3 for further action related to this item.) Moratorium Extension O3.4.2.1.2 Resolution No. 3436, adopted March 4, 2002, established an initial one-year moratorium on the filing with the City or the Courts of any applications for licenses, permits and approvals for sexually oriented businesses. The City Council extended the moratorium an additional six months on March 3, 2003, and again on August 18, 2003. On February 17, 2004, the City Council adopted Resolution No. 3688 extending the moratorium for an additional six months and set today's date for public hearing on the proposed moratorium extension. City Attorney Daniel B. Held presented a staff report related to moratoria criteria. Mayor Lewis opened the public hearing. No one in the audience requested to speak. Mayor Lewis closed the public hearing. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Shelley Erickson, 5421 Pearl Avenue SE, Auburn Ms. Erickson requested that the City Council consider her request to extend her permit related to her temporary modular building located on Howard Road. Due to the construction standards allowed for Ms. Erickson's temporary building, Planning and Community Development Director Paul Krauss recommended that Ms. Erickson reapply for a new development proposal with the modular building being the permanent construction so as to bring it into compliance with the Uniform Building Code and City standards. Page 6 City of Auburn Council Meetin,q Minutes March '1~ 2004 III. Marylyn Pederson, 1917 "N" Court SE, Auburn Ms. Pederson spoke in support of Ms. Erickson's request. Jerry Green, 1308 20th Court SE, Auburn Mr. Green spoke in support of Ms. Erickson's request. Joann Fonda, 1210 20th Court SE, Auburn Ms. Fonda spoke in support of Ms. Erickson's request. Mayor Lewis commended staff members for their efforts and outstanding customer service related to Ms. Erickson's situation. Ca Correspondence No correspondence was received for City Council review. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported that the Municipal Services Committee met this evening at 5:00. The Committee discussed and recommended approval of Resolution Nos. 3690 and 3691. The Committee also received reports from Police Chief Jim Kelly regarding the 2004 Fireworks Season Enforcement Plan and the Yakima County Jail Interlocal Agreement, and from Acting Fire Chief Russ Vandver on the grant application for the Wellness Fitness Program. The Committee also discussed potential land acquisition. The next regular meeting of the Municipal Services Committee is scheduled for March 15, 2004 at 5:00 p.m. Planning & Community Development Vice Chair Norman reported that the Planning and Community Development Committee met February 23, 2004 at 5:00 p.m. The Committee held a public hearing on Application No. WSC03-0016, and discussed Resolution Nos. 3694, 3695, 3696, 3697, and 3699. The Committee also discussed and recommended approval of the Comprehensive Plan Special Area funding, and Ordinance No. 5831. Vice Chair Norman announced a joint meeting of the Arts Commission and the Planning and Community Development Committee to be held on March 2, 2004 at 1:00 p.m. at the Parks and Recreation Department at Les Gove Park. The next regular meeting of the Planning and Community Development Committee is scheduled for March 22, 2004 at 5:00 p.m. Page 7 City of Auburn Council Meetinq Minutes March '1, 2004 IV. C= Public Works Chair Wagner reported that the Public Works Committee met on February 23, 2004 at 5:30 p.m. The Committee discussed and recommended approval of contract administration items, Resolution No. 3660, and Ordinance No. 5831. The Committee also discussed the draft Stormwater Monitoring Inspection Program, the 2004 Arterial Pavement Preservation Program, and the "C" Street Road Improvement Project grant. The next regular meeting of the Public Works Committee is scheduled for March 8, 2004 at 5:30 p.m. Finance Chair Backus reported that the Finance Committee met this evening at 6:30. The Committee reviewed claims and payroll vouchers and Ordinance Nos. 5831 and 5833. The Committee also discussed the Comprehensive Plan Special Area funding, the Yakima County Jail Interlocal Agreement, and the SuperMall police officer services. The next regular meeting of the Finance Committee is scheduled for March 15, 2004 at 6:30 p.m. COUNCILMEMBER REPORTS At this time Councilmembers may report on items not specifically described on the agenda, which are of interest to the community. Councilmember Thordarson reported that he attended a Regional Transit Committee meeting on March 18, 2004. The Committee discussed the Van Pool and Van Share Programs, Flex Car Program, the Six Year Transit Plan, and transit security issues. Councilmember Backus reported that she attended the Annual Firefighters Awards Ceremony on February 28, 2004. Councilmember Backus announced that Firefighter Norm Golden and Deputy Fire Marshall Mike Lee received the Firefighter and Officer of the Year awards. Mayor Pro Tem Singer reported that the Puget Sound Regional Council Executive Board approved the transportation split funding amendment, which provides for potential additional annual transportation funding of approximately $100,000. Mayor Pro Tem Singer commended staff members for their efforts related to this issue. Councilmember Peloza reported that he attended the Green/Duwamish Ecosystem Restoration System celebration on February 19, 2004 for a Water Resources Inventory Area (WRIA) 9 project. Councilmember Peloza also attended an Italian Bocci Ball exhibition on February 21, Page 8 City of Auburn Council Meetin.q Minutes March l~ 2004 V= 2004, the JC Penney Building/Low Income Housing Institute (LIHI) open house on February 26, 2004, and the Firefighters Award Ceremony on February 28, 2004. Councilmember Peloza announced that he will attend an Emergency Management Council meeting at Camp Murray on March 4, 2004. Councilmember Cerino reported that he attended the Pierce County Regional Council General Assembly and thanked Councilmember Singer for her efforts related to the transportation split funding amendment. Councilmember Norman reported that she attended the Auburn Symphony Orchestra concert last week, which received rave reviews from the Seattle Post Intelligencer Newspaper, and also attended the King County Cultural Arts Advisory Group meetings. Councilmember Norman commended efforts by all individuals with regard to Family Week activities. Councilmember Norman reported that she heard Mayor Lewis' State of the City Address at an Auburn Area Chamber of Commerce meeting, heard Senator Patty Murray address Medicaid issues at the Auburn Senior Center, and attended the JC Penney Building/LIHI open house. Mayor Lewis reported that he attended a Valley Com board meeting, the Italian Bocci Ball exhibition, the JC Penney Building/LIHI open house, and gave the State of the City Address at the Auburn Area Chamber of Commerce meeting. 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 Minutes of the February 17, 2004 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 328536 through 328885 amount of $1,451,827.24 and dated March 1, 2004. in the Page 9 City of Auburn Council Meeting Minutes March 1, 2004 Ow Payroll Payroll check numbers 507423 to 507561 in the amount of $269,519.71 and electronic deposit transmissions in the amount of $930,999.85 for a grand total of $1,200,519.56 for the pay period covering February 12 to February 25, 2004. Contract Administration Consultant Agreement No. AG-C-169 with TModel A3.16.9, O3.4.1.14 City Council to approve an amendment to Consultant Agreement No. AG-C-169 with TModel for work related to Public Works Project Number C213A, Comprehensive Transportation Plan. Consultant Agreement No. AG-C-227 with Barghausen Consulting Engineers A3.16.9, O4.91 C404A City Council to approve Consultant Agreement No. AG-C- 227 with Barghausen Consulting Engineers for professional design services related to Public Works Project No. C404A, D Street SE Improvements. 2004 Human Services Agreements 03.11.2 City Council to approve the following General Fund Human Services Agreements for 2004: Auburn Food Bank Children's Home Society YWCA of Seattle, King, Snohomish Auburn Youth Resources $30,000 $29,000 $33,OOO $58,OOO Project Number C203B O3.3.11 City Council to approve Final Pay Estimate No. 2 to Contract No. 03-12 with Elite Commercial Contracting and accept construction of Project No. C203B, Auburn Station Commercial Improvements, Phase II. Director Coleman requested approval of Claims Voucher number 328570 to the Auburn Downtown Association Page 10 City of Auburn Council Meeting Minutes March 1~ 2004 VI. VII. subject to receipt of appropriate supporting documentation by the Finance Department. Councilmember Singer moved and Councilmember Wagner seconded to approve the Consent Agenda as amended. MOTION CARRED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS There were no items under this section for Council consideration. NEW BUSINESS Application Number WSC03-0016 A3.13.8 City Council to consider the request of Geoff Swanson for a Developer's Agreement, subject to conditions, for the issuance of water and sewer availability certificates for property located at the northwest corner of SE 312th Street and 124th Avenue SE on Lea Hill for a 2-lot rezone in King County. Councilmember Singer moved and Councilmember Norman seconded, based upon findings of fact and conditions as outlined, to approve the development agreement subject to conditions which will enable the issuance of water and sewer availability certificates to the applicant. MOTION CARRIED UNANIMOUSLY. 7-0. (See Item VlII. B.9 for further action on this item.) ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5823 03.9 V-04-03 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of 4th Street SE located east of M Street SE, within the City of Auburn, Washington Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5823. Page 11 City of Auburn Council Meeting Minutes March 17 2004 MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5824 O3.9 V-05-03 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of right-of- way located south of 812 10th Street NE, within the City of Auburn, Washington Councilmember Wagner moved and Councilmember Cerino seconded to refer Ordinance No. 5824 to the Pubic Works Committee. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5825 03.9 V-06-03 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of alleyway located south of 4th Street SE and east of K Street SE, within the City of Auburn, Washington Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5825. Councilmember Wagner requested that staff review procedures for City initiated vacations. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5831 A3.6 An Ordinance of the City Council of the City of Auburn, Washington, creating a new Section 2.06.045 of the Auburn City Code, relating to City Council Committee of the Whole Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5831. MOTION CARRIED UNANIMOUSLY. 7-0. Page 12 City of Auburn Council Meeting Minutes March 1~ 2004 Ordinance No. 5832 O3.10.1 CUP03-0009 An Ordinance of the City of Auburn, King County, Washington, approving the issuance of a conditional use permit to convert group residence facility into 12 multi-family dwelling units Councilmember Singer moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 5832. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5833 F2.4.9 LID 250 An Ordinance of the City of Auburn, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 250 for the improvement of certain parking facilities, as provided by Ordinance No. 5821, and levying and assessing a part of the cost and expense thereof against the property as shown on the assessment roll Councilmember Backus moved and Councilmember Norman seconded to introduce and adopt Ordinance No. 5833. MOTION CARRIED UNANIMOUSLY. 7-0. Resolutions Resolution No. 3660 O4.6.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an interlocal agreement with the Muckleshoot Indian Tribe for the cost sharing in the replacement and maintenance of a new wastewater conveyance facility conveying wastewater from Muckleshoot Indian.Tribe parcels located outside city limits to King County conveyance and treatment facilities Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3660. Page 13 City of Auburn Council Meeting Minutes March 1~ 2004 MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3690 O3.4.1.21, F5.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Seattle- King County Department of Public Health Memorandum of Understanding on the Local Hazardous Waste Management Program for 2004 activities Councilmember Cerino moved and Councilmember Wagner seconded to adopt Resolution No. 3690. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3691 O3.4.1.21, F5.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of grant funds in the amount of Fifty Seven Thousand Seventy Two Dollars ($57,072) for the 2004-05 Waste Reduction and Recycling Grant Program, and authorizing the Mayor and City Clerk to execute an interlocal agreement between King County and the City of Auburn therefor Councilmember Cerino moved and Councilmember Wagner seconded to adopt Resolution No. 3691. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3694 O5.1 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 a Concessionaire Agreement between the City and the Little League of Auburn, Washington for the concession operation at the Sunset Park Ballfields for 2004 Councilmember Singer moved and Councilmember Norman seconded to adopt Resolution No. 3694. MOTION CARRIED UNANIMOUSLY. 7-0. Page 14 City of Auburn Council Meetinq Minutes March 1~ 2004 Resolution No. 3695 o5.1 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 a Concessionaire Agreement between the City and the Little League of Auburn, Washington for the concession operation at the Brannan Park Ballfields for 2004 Councilmember Singer moved and Councilmember Norman seconded to adopt Resolution No. 3695. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3696 O5.1 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 a Concessionaire Agreement between the City and the Optimist Club of Auburn, Washington for the concession operation at the Game Farm Park Ballfields for 2004 Councilmember Singer moved and Councilmember Norman seconded to adopt Resolution No. 3696. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3697 A3.16.7, 05.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services between the City of Auburn and Environmental Coalition of South Seattle (ECOSS) for the purpose of providing community outreach and funding analysis support for the Auburn Environmental Park Project Councilmember Singer moved and Councilmember Norman seconded to adopt Resolution No. 3697. MOTION CARRIED UNANIMOUSLY. 7-0. Page 15 City of Auburn Council Meeting Minutes March 172004 IX. Resolution No. 3698 O4.9.1, F5.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the financial assistance award between the City of Auburn (the City) and the U.S. Department of Commerce, Economic Development Administration (the EDA) approving EDA funds for the design and construction of improvements to C Street SW Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3698. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3699 A3.13.8 WSC03-0016 A Resolution of the City Council of the City of Auburn, Washington, approving the Development Agreement enabling the issuance of a water/sewer availability certificate to the applicant subject to certain conditions Councilmember Singer moved and Councilmember Norman seconded to adopt Resolution No. 3699. MOTION CARRIED UNANIMOUSLY. 7-0. MAYOR'S REPORT Executive Session No executive session was held. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:55 p.m. APPROVED THE Peter Lewis, Mayor / ..~>"("{"'DAY OF MARCH, 2004. Cathy Richa~lS~, Deputy ~,i{~/-Clerk Page 16