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Home My WebLink About07-05-1994 G\tYor ~~ Auburn ~ ~&'/Jin~\! CITY OF AUBURN COUNCIL MEETING MINUTES Tuesday, July 5, 1994 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Booth and members of the Auburn City Council as follows: Pat Burns, Rich Wagner, Virginia Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don Kurle. Staff members present included Parks and Recreation Director Len Chapman, Fire Chief Bob Johnson, Police Chief Dave Purdy, Planning and Community Director Paul Krauss, Public Works Director Frank Currie, Finance Director Victor Thompson, Assistant City Attorney Judy Ausman, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Aooointments 1. Announcements - None. 2. Aooointments - None. D. Agenda Modifications Agenda modifications include a replacement of page two and page three of Ordinance No. 4692. Page two section three there was a typographical error, and page three section six the first line was changed to state, The City shall obtain a utility easement... II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings - None. B. Audience Particioation Mayor Booth invited citizens in the audience to make any comments or suggestions they wished to bring to the attention of the City Council. There were no requests for recognition. Mayor Booth recessed the meeting to Executive Session at 8:02 p.m. to discuss litigation for approximately 10-15 minutes. As Councilmembers were gathering in the Council work area, a group of citizens representing members of the Auburn Downtown Association requested to speak. Mayor Booth agreed to reconvene the meeting to allow citizens a chance to voice their opinion. Councilmembers returned to the Council Chambers where the meeting was reconvened at 8:05 p.m. For the purpose of these minutes, the comments are reported under audience participation even though they were made at the end of the meeting. AUBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 2 Sandra Shivelv - 1504 8th Street N.E., Auburn, WA Sandra Shively, resident in Auburn since 1965 and business owner since 1973, expressed concern with the Auburn Downtown Association (ADA). Initially, she said she was not aware that membership was mandatory. Ms. Shively remembered talking to Mr. Vine about the ADA. She said she remembers telling Mr. Vine that if improvements were not made within the area of her business by next year, she will not participate in the ADA the following year. Ms. Shively expressed concern of no improvements within the area of her business, exempt members, and not receiving information about the BIA as she requested. Linda Crites - 12 1st Street S.W., Auburn, WA Linda Crites, business owner, expressed concern of the action taken at the last Council meeting with regard to the Auburn Downtown Association. She felt the Council did not listen to the comments made by other business owners. Ms. Crites' business is a service business and she is unhappy with the benefit of the ADA. Ms. Crites would like to see how the ADA will benefit her business, and does not feel she should pay for improvement on Main Street. Councilmember Kurle and Burns explained to Ms. Crites that the City of Auburn did not create the BIA now known as the ADA, they created themselves. Councilmember Burns pointed out in the bylaws of the ADA is the ability to disolve the BIA. At the last meeting, Councilmember Kurle said, a technical error made in 1988 was corrected Councilmember Haugen asked if a hearing could be held. Judy Ausman, Assistant City Attorney, responded that there is no authority for the City to conduct a hearing. The membership has the ability to dissolve the ADA. Councilmember Wagner said, as Chair of the Public Works Committee, he is more sympathic in providing traffic signals and street improvements in the downtown area because of the ADA. He said it provides a cohesiveness to the business community that makes it competitive with other communities. Linda Crites questioned if the ADA was not legally in existence, what happens to the funds that have been collected. Judy Ausman responded that it is the City's position the BIA legally existed. She said at the last Council meeting, the ordinance that existed in 1988 was confirmed by the Council. C. Corresoondence 1. A letter from Carol Dyer, 307 S. Division #305, Auburn, WA, 98001, received by the Auburn City Council addressed to "track fans" and dated June 21, 1994. 2. Letter dated June 29, 1994 to the Auburn City Council from Fred & Emma Pattison with regard to the thoroughbred race track. 3. Councilmember Haugen extended thanks to Chief Johnson and Captains Bosch and Marino for a recent visit and tour of Fire Station #2. AUBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 3 4. Councilmember Brothers thanked Councilmember Burns for receiving a letter dated June 30th to Charles A. Booth, Mayor, from Patrick R. Burns with regard to the Auburn Airport Advisory Board. III. COUNCIL COMMITTEE REPORTS A. Municioal Services A3.6.4.4 Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. and the topics of discussion were official formation of the Auburn Fire Department and Resolution No. 2531 for nurse screening of jail prisoners. The next regular meeting is scheduled for Monday, July 18, 1994 at 4:30 p.m. B. Planning & Community Develooment A3.6.4.4 Chair Burns reported the Planning and Community Development Committee met on June 27, 1994 and the minutes are of public record. Chair Burns mentioned that a number of Councilmembers expressed an interest in the Historic Preservation ordinance which is being held until the next regularly scheduled meeting which is one week from tonight. Chair Burns invited Councilmembers to their next meeting on July 11, 1994 at 7:30 p.m. C. Public Works A3.6.4.4 Chair Wagner reported the Public Works Committee met on Monday, June 27, 1994 to discuss right of way use permits for downtown sidewalk sale and Good 01 Days, a bid award on the Subbasin F Storm Drain, Six Year Transportation Plan, future LID's, property acquisitions, and Resolution 2537 authorizing change in place of the use of water right for Auburn. Chair Wagner stated the Public Works Committee will meet on July 11, 1994 at 5:30 p.m. D. Finance A3.6.4.4 Chair Barber reported the Finance Committee met this evening at 7:00 p.m. to discuss an interfund loan on LID 341, and vouchers and payroll as they appear on the agenda. The next meeting of the Finance Committee is scheduled for Monday, July 18, 1994, at 7:00 p.m. Jeanne Barber said she would be out of town for the next Finance Committee meeting. E. Committee on Committees Chair Kurle reported the Committee on Committees met on June 20th to discuss goal setting workshop for the upcoming budget hearings. He said an August 10, 1994 meeting was tentatively scheduled. Chair Kurle stated Dr. Pendleton is unable to attend on August 10th, and suggested the Council consider meeting one evening and three to four hours the following day. Dates were exchanged among councilmembers. Motion by Councilmember Kurle to use the three step approach, as recommended by Dr. Pendleton and as outlined in his memo to the Council and Mayor, and to schedule the evening of August 24th, and three to four hours on August 25th from 7:00 a.m. to 11:00 a.m. instead of what is in the Committee on Committees minutes. Second by Councilmember Burns. A UBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 4 MOTION CARRIED UNANIMOUSLY. 7-0. IV. CONSENT AGENDA A. Minutes 1. Minutes of the June 20, 1994 regular Council meeting. 2. June 4, 1994 Council Workshop Minutes. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 93379 through 93810 in the amount of $571,355.32 and dated July 5, 1994. 2. Payroll numbers 205340 through 205853 in the amount of $704,586.49 covering the period 6/15/94 to 6/29/94 dated this July 5, 1994. C. Contract Administration 1. Proiect No. 526 04.8.1 Recommend bid award to Active Construction on their low bid of $795,704.31 for Subbasin F Storm Drain Upgrade, Project No. 526 and Contract No. 94-06. 2. Proiect No. 532 04.6.3 Recommend City Council reject the bids for Public Works Project No. 532, 8th Street Sewer Lift Station installation. D. Interfund Loan F4.7 1. Request authorization for an interfund loan for L.I.D. #341 (Fund 341) up to $1.3 million from the Storm Drainage Fund or the Arterial Street Fund at a rate to be adjusted monthly based on the rate earned by the State's investment pool. E. Call for Hearing I. Aoolication No. CUP0007 -91 03.10.1 City Council to schedule a public hearing to be heard July 18, 1994 on the proposed amendment to Ordinance No. 4535. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A.2 through IV.E.l and pull Consent Agenda Item IV.A.l from the agenda for consideration. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 5 Regarding Consent Agenda Item IV.A.l, Councilmember Brothers requested a changed in the draft June 20, 1994 Council minutes on Page No.4, paragraph 7 third line, beginning with ...referred to a standard bred season... be scratched, and insert ...suggested that a standard bred season in combination with a thoroughbred season... be included. With this change, Councilmember Brothers moved for adoption of the June 20, 1994 Council minutes. Second by Councilmember Kurle. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Booth continued to VI.A. Please see Council action taken under VI.A. V. UNFINISHED BUSINESS This ordinance was held in the Municipal Services Committee. A. Ordinance No. 4684 02 An Ordinance of the City Council of the City of Auburn, Washington, formally establishing the Auburn Fire Department. Assistant City Attorney read the title to Ordinance No. 4684 out loud. Councilmember Brothers moved to introduce and adopt Ordinance No. 4684. Second by Councilmember Wagner. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolution No. 2531 01.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn Finance Director to pay seventy-five dollars per visit once a week to Annie McDonald, R.N., to provide medical screening of prisoners at the Auburn City Jail. Assistant City Attorney read the title to Resolution No. 2531 out loud. Councilmember Brothers moved for adoption of Resolution No. 2531. Second by Councilmember Wagner. MOTION CARRIED UNANIMOUSLY. 7-0. VI. NEW BUSINESS A. Aoolication No. PL T0002-89R 03.5 Council to consider granting a one year extension to the preliminary plat of "Sunning Hills", located north of Aaby Drive and west of the West Valley Highway, a 96 lot single family subdivision containing 38.26 acres. AUBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 6 Motion by Councilmember Burns to approve Application No. PL T0002-89R, and to instruct the City Attorney to draft the necessary resolution. Second by Councilmember Barber. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Assistant City Attorney Judy Ausman read the titles to each Ordinance and Resolution out loud. 1. Ordinance No. 4689 03.3.4, 03.10.1 CUPOOOI-93 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to construct and operate a thoroughbred horse racing facility on property zoned M-I (Light Industrial) and M-2 (Heavy Industrial) located south of 37th Street N.W., between the Union Pacific and Burlington Northern railroad tracks, and north of 15th Street N.W., within the city of Auburn, Washington. Motion by Councilmember Burns to introduce and adopt Ordinance No. 4689. Second by Councilmember Barber. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4692 03.9 V-01-94, 03.3.4 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of 29th Street N.W., within the city of Auburn, Washington. Motion by Councilmember Burns, to introduce and adopt Ordinance No. 4692. Second by Councilmember Barber. Councilmember Wagner questioned the implication of the wording change presented under the agenda modification for Ordinance No. 4692. Lynn Rued clarified the word "retain" infers that we already have an easement in hand when, in fact, we do not. Councilmember Wagner expressed concern of having to pay for the utility easement. In response to Councilmember Wagner's concern, Laurie A. Pinard, PO Box 88050, Tukwila WA 98138, spoke on behalf of adjacent property owner La Terra Limited Partnership. She said it is consistent with their understanding that there will be no payment made by the City Auburn in obtaining the utility easement. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 7 B. Resolutions I. Resolution No. 2517 A5.6, 05.1.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a land use agreement between the City and the Washington Department of Fish and Wildlife for City Park Urban Wildlife Project Phase one. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2517. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2527 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a family support respite and attendant care contract between the City of Auburn and the State of Washington Department of Social and Health Services. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2527. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2536 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, amending Section 3 of the Contract for services between the City of Auburn and Domestic Abuse Women's Network (DAWN) to the term of the 1994 agreement. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2536. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2537 04.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an application for change in place of use of water right with the State of Washington Department of Ecology to identify retail and wholesale services areas. Motion by Councilmember Brothers, second by Councilmember Haugen to refer Resolution No. 2537 to the Municipal Services Committee. MOTION CARRIED UNANIMOUSLY. 7-0. A UBURN CITY COUNCIL MINUTES July 5, 1994 Page No. 8 5. Resolution No. 2538 03.4.1.9, 03.3.4 A Resolution of the City Council of the City of Auburn, Washington, amending the Arterial Street Plan (Map "E") of the City of Auburn Comprehensive Plan and directing that this resolution be filed with the Auburn City Clerk and be available for public inspection. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2538. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 2541 03.4.1.14 City Council to authorize the Mayor and City Clerk to execute an interlocal agreement between the Regional Transit Authority (RT A) and the City of Auburn for the purposes of planning for a commuter rail station in the City of Auburn. Motion by Councilmember Burns, second by Councilmember Barber to approve Resolution No. 2541. Under discussion, Councilmember Brothers questioned when a conclusion is foreseen with regard to a recommendation from the Regional Transit Authority. Planning & Community Development Director Paul Krauss responded that Phase I Commuter Rail Station Site Study is expected within the next month or two. He said the task force has selected two sites, the sites are being reviewed, and his hope is to have a report during that time. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MA YOR'S REPORT A. Executive Session Mayor Booth announced there would be a brief Executive Session for approximately 10 minutes to discuss potential litigation. The meeting recessed at 8:02 p.m. Mayor Booth reconvened the meeting at 8:05 p.m. due to a misunderstanding under Audience Participation. Please see Agenda Item II.B for comments made. At 8:30 p.m., the Mayor and Council recessed to Executive Session. Mayor Booth announced that he did not anticipate any action as a result of the Executive Session. Mayor Booth reconvened the meeting at 8:40 p.m. · . AUBURN CITY COUNCIL MINUTES July 5, 1994 Page No.9 IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:40 p.m. ~ G.ßO~ Charles A. Booth, Mayor 94M7-5 &&~áJ~ Robin Wohlhueter, City Clerk