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HomeMy WebLinkAbout09-06-1994 c\t)' or ~~ Auburn ~ ~$llin~~ CITY OF AUBURN COUNCIL MEETING MINUTES Tuesday, September 6, 1994 7:30 p.m. L 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, Finance Director Victor Thompson, Public Works Director Frank Currie, Planning and Community Development Director Paul Krauss, Senior Planner Lynn Rued, Assistant City Attorney Judy Ausman, Acting City Attorney Mike Reynolds, Utilities Engineer Dwight Holobaugh, City Engineer Dennis Dowdy, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and ADoointments 1. Announcements a. 1994 Emergencv Medical Services "Leadershiµ/Administration" Award A1.9 Mayor Booth announced the Auburn Fire Department is the recipient of the Washington State Office of Trauma Systems 1994 EMS Leadership/Administration Award. Mayor Booth explained the award is recognition for the leadership and innovation demonstrated by members of the department in the delivery of emergency medical services to citizens of Auburn. Mayor Booth congratulated Chief Medical Officer and Battalion Chief Frank Grall, Department Medical Officer and Captain Chris Heminger, Fire Fighter Specialists Jon Cahill, Dave Cook, Douglas Degraff, Bob Kiley, Rudy Peden, and Rich Snyder. Mayor Booth stated the Auburn Fire Medic Committee is instrumental in acquiring funding and donations to purchase equipment and provide training which enhance the delivery of emergency medical services to the public. Mayor Booth introduced the following members of the Fire Medic Committee: Tina Craig, Juan Huseby, Dwaine Schaffner, B. C. Frank Grall, Cody Craig, Darrell Loffer, Cupie Loffer, Florence Shinn, and Jackie Volstad. b. Proclamation A1.8 Mayor Booth read and presented a proclamation to Claudia Grant-Deahl, President of Auburn Council Parent Teacher Association, and Debbie Maguire, Vice President of the Association, proclaiming September, 1994 as Auburn Council ofPTAs -- Partners in Education (p.LE.) PTA Membership Month. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page No.2 c. Proclamation A1.8 Mayor Booth read a proclamation proclaiming September 8, 1994 as Literacy Day and September, Literacy Month. d. Presentation With the use of several overhead transparencies, Utilities Engineer Dwight Holobaugh presented an update with regard to the fuel contamination located south of Highway 18 and along Auburn Way South in the areas of what are known as the Firehouse Square and the Cenex property. Mr. Holobaugh introduced Mr. John Vales and Mr. Ching-pi Wang, representatives of the State Department of Ecology in attendance in the audience and Mr. Steve Marczewski an environmental consultant engaged by the City of Auburn and also present. Mr. Holobaugh explained there are two parcels of property pertinent to the fuel contamination; one is the property known as Firehouse Square and the other is the Cenex operations located at the intersection of 8th and C Streets S.E. Mr. Holobaugh explained the City previously owned the Firehouse Square property, and at the time of sale of the property contamination, as a result of underground fuel storage tanks on the site, was detected. A cleanup effort followed, and the property was subsequently sold to Hillman Properties. He further explained at the conclusion of the cleanup effort adequate ground water samples for the Department of Ecology were not obtainable because of the low level ground water, and the Department of Ecology requested the City continue monitoring until sufficient samples were obtained. Mr. Holobaugh stated that a few years later sufficient samples were obtained and contamination levels were higher than those found at the initial discovery of the contamination and before the remediation was performed. Mr. Holobaugh stated because the City completed remediation of the Firehouse Square property, the City looked for an off-site source of potential contamination which has been preliminarily identified as the Cenex property. Mr. Holobaugh stated there are several other fuel suppliers in the area which mayor may not be involved. Mr. Holobaugh stated free-product was discovered at the Firehouse Square site, and the City immediately tested the utilities for explosive conditions, once in July, 1994 and again on August 22, 1994. The tests revealed no explosive conditions exist. Mr. Holobaugh stated there are several monitoring wells on the Firehouse Square property, and he believes Cenex has installed three monitoring wells on their property. These wells will help target the off-site source of contamination. Mr. Holobaugh stated finding contamination in monitoring well #13 and no contamination in monitoring well # 14 as well as the gradient of the underground water through the Cenex site leads to the probability of the contamination originating from the Cenex site. Mr. Holobaugh reported Cenex has applied for and obtained a right-of-way permit to install a system of containment and initial remediation efforts. Mr. Holobaugh stated the Public Works Department personnel at this point of the investigation view the contamination as a low level concern as no explosives conditions exist, and the contaminants do not appear to be encroaching upon the City's ground water sources. In response to a question from Council member Borden, Mr. Holobaugh reported the City has conditioned the right-of-way use permit issued to Summit Envirosolutions on behalf of Cenex to provide the City all current information, AUBURN CITY COUNCIL MINUTES September 6, 1994 Page NO.3 reports, schedules, and any other documents regarding their remediation efforts. Councilmember Borden expressed her concern the contamination could threaten the City's ability to pursue its plans to construct a well north of the contamination area. Mr. Holobaugh stated the success of the planned well will depend upon the success of remediation, and also stated the aquifer is well below the contamination location. In response to a question from Councilmember Brothers, Mr. Holobaugh, Fire Chief Johnson and Public Works Director Currie reported the Firehouse Square property contained four underground tanks utilized for storage of gasoline, diesel, and waste oil; and all tanks were removed and the surrounding soil excavated and decontaminated by the City. Councilmember Wagner questioned whether the City has received Cenex fuel reports. Mr. Holobaugh reported the City has not received the historical information with regard to fuel tank measurements and usage. Mr. Ching-pi Wang, an environmental engineer with the Bellevue office of the Department of Ecology, stated the Department of Ecology encourages local authorities and property owners to work cooperatively and share information to complete the remediation work and to work independent of the Department of Ecology. Mr. Wang stated the Department of Ecology will ensure the work is performed properly and will provide some technical assistance. Councilmember Kurle expressed his concern that Cenex has not yet provided a schedule of their activities to the City and asked what deadlines the City will impose upon Cenex. Mr. Holobaugh stated staff is now drafting correspondence to Cenex headquarters. Mr. Holobaugh displayed and briefly discussed an August 29, 1994 letter addressed to Summit Envirosolutions, consultant for Cenex, from City Engineer Dennis Dowdy outlining the conditions of their right-of-way use permit. Councilmember Burns questioned whether it would be feasible to install a new monitoring well at the site of the potential new water source at Centennial Park. Mr. Holobaugh stated staff is ready to pursue any necessary action. In response to a question from Councilmember Burns, Mr. Wang stated fuel inventory control is not precise, and there are several variables which might affect the accuracy of inventory measures such as evaporation, spillage, or misreporting. Mr. Steve Marczewski, of Agra Earth and Environmental, spoke briefly to proof of financial responsibility required of companies with fuel storage tanks and federal and state regulations for underground storage tanks. Mr. Marczewski stated there are current regulations which require inventory reconciliations and some type of release detection on tanks. Mr. Holobaugh reviewed the readings from a monitoring well at the Firehouse Square site. He stated after the tanks were removed the contaminant reading in 1987 was less than 10 (non-detectible), in 1989 was 1,700, later in 1989 was 2,100, and in September of 1991 was 17,000, and in May of 1993 was 15,000. Mr. Holobaugh stated the contamination is not from a prior contamination but from an off-site location. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page NO.4 Councilmember Burns proposed reviewing the possibility of adopting a local ordinance imposing penalties on companies responsible for committing fuel leaks. Councilmember Haugen asked whether any testing has been done in residences within the area of the fuel spill. Mr. Holobaugh reported staff has investigated catch basins, sewer manholes and other sites which might show contamination, but no contamination has been discovered to date. Councilmember Haugen requested copies of the maps used by Mr. Holobaugh in his presentation this evening. Councilmember Wagner questioned whether the City has adequate authority to suspend the operations of Cenex in the interest of public health should Cenex fail to cooperate with the City. Acting City Attorney Reynolds responded the City has sufficient means. 2. ADoointments a. Personnel Director A4.5.2 Mayor Booth introduced the City of Auburn's new Personnel Director, Brenda Kennedy. D. Agenda Modifications A3.6.6 Agenda modifications include moving Agenda Item L C.l.c to L C.l.d and adds a proclamation under LC.l.c of these minutes. IL CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 1995 Budget Hearing F3.9 1995 Budget All persons interested are encouraged to participate in this initial public hearing by making comments, proposals, and suggestions on matters for the City Council and Mayor to consider during preparation of the City of Auburn 1995 Budget. Mayor Booth opened the public hearing and requested comments regarding the 1995 Budget. No member of the audience requested recognition to speak. Motion by Councilmember Barber, second by Councilmember Borden to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience ParticiDation Mayor Booth invited citizens in the audience to make any comments they wished to bring to the attention of the City Council. No member of the audience requested recognition to speak. C. Corresoondence 1. Memo dated August 25, 1994 to Mayor Booth and City Councilmembers from Paul Krauss, AICP, Planning Director with regard to Olson Canyon Annexation. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page No. 5 2. Letter dated August 18, 1994 to City Council Members from Nora Johnson regarding the Pet Club. 3. Letter received August 29, 1994 to the Mayor and City Council from Henry C. Towne. 4. Letter to City of Auburn Friends from Henry C. Towne Regarding the expansion of Sea Tac Airport. 5. Mayor Booth read into the record a letter dated August 31, 1994 addressed to Arnold Galli from Mavia Custer Stratis, the mother of Melinda K. Custer, expressing appreciation to the Cemetery staff. IlL COUNCIL COMMITTEE REPORTS A. MuniciDal Services A3.6.4.4 Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. and discussed the IIphoto COp" program, the parking of semi-trailers on Auburn streets, an update on the third fire station, and Ordinance No. 4698. The next regular meeting of the Municipal Services Committee will be Monday, September 19, 1994 at 4:30 p.m. B. Planning & Community DeveloDment A3.6.4.4 Chair Burns reported the Planning and Community Development Committee met August 22, 1994, and the minutes of the meeting are public record. Chair Burns requested Council support of the agenda items approved by the Planning and Community Development Committee and recommended for City Council approval. The next regular meeting of the Planning and Community Development Committee is scheduled for September 12, 1994 at 7:30 p.m. C. Public Works A3.6.4.4 Chair Wagner reported the Public Works Committee has not met since its meeting of August 22, 1994, at which time Ordinance No. 4691 was discussed and recommended for City Council approval. Chair Wagner reported the Public Works Committee will meet September 8, 1994, at 5:30 p.m. D. Finance A3.6.4.4 Chair Barber reported the Finance Committee met today at 7:00 p.m. and discussed claims and payroll vouchers. The next meeting of the Finance Committee is scheduled for September 19, 1994 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the June 9, 1994 Joint Meeting with Auburn School Board and the Mayors and City Council Members of Auburn, Algona, and Pacific. b. Minutes of the August 15, 1994 regular City Council meeting that was continued to August 22, 1994. a. c. Minutes of the August 24, 1994 City Council Workshop. d. Minutes of the August 25, 1994 City Council Workshop. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page NO.6 B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 94809 through 95211 in the amount of $1,052,918.60 and dated September 6, 1994. 2. Payroll numbers 207539 through 208050 in the amount of $715,039.10 for the pay period covering August 12, 1994 to August 24, 1994 are approved for payment and dated this 6th day of September, 1994. C. Utility Bill Adiustment F4.5.2 Recommend City Council approve utility billing adjustment to Account No. 4.34.2674 in the amount of $283.86. D. Contract Administration 1. Public Works Contract No. 541 04 PR 541, Contract 94-12 Request permission to advertise for bids for Public Works No 541, Contract No. 94-12, 1994 Utility Improvements. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A through IV.D. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS Action on Ordinance No. 4677 was postponed at the August 15, 1994 regular Council meeting until this evening. The motion on the floor is to introduce and adopt Ordinance No. 4677. The motion was made by Councilmember Barber, and second by Councilmember Borden. A. Ordinance No. 4677 F3.8 1994 Budget An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 4646, the 1994 budget ordinance, and authorizing the Mayor to accept Schedule "A" which relates to the City of Auburn 1994 Budget reallocation of funds in various account in several funds pursuant to RCW 35A.33.120, and setting forth findings. Councilmember Barber modified her original motion to delete the third fire station under Capital Project Funds in the amount of $250,000 from Schedule A of the 1994 budget adjustment. Councilmember Borden concurred with the modification of the motion. Mayor Booth recessed the City Council meeting at 8:48 p.m. Mayor Booth reconvened the meeting at 8:56 p.m. Finance Director Victor Thompson presented an overview of the mid-year budget adjustment. Mr. Thompson stated the purpose of the mid-year adjustment is to adjust for plans and circumstances which have changed and were not anticipated in the 1994 Budget. Mr. Thompson stated the only significant new funding is related to the third fire station, and much of the remainder of the adjustment is due to time changes and movement of spending from one budget item to another budget item. Mr. Thompson explained the adjustment includes an increase in the Cumulative Reserve of $520,000.00 which restores the same amount removed from the Cumulative Reserve in 1993 and brings the balance of the Cumulative Reserve to approximately $2.6 million. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page No. 7 Councilmember Burns asked Mr. Thompson for a projection of the revenues in excess of the 1994 Budget. Mr. Thompson stated revenues are exceeding the 1994 Budget by approximately $300,000-$400,000. Councilmember Burns stated in past years actual revenues have exceeded the budgeted amount by approximately $1 million. Mr. Thompson explained although the 1994 Budget was cautious in its revenue forecast, he could find no reason to expect $1 million in excess revenues. Mr. Thompson added that departmental spending may be under budget thereby increasing the year-end balance. Mr. Thompson explained the adjustment includes some carryover projects which were budgeted in 1993 but not completed until 1994 and is only an accounting adjustment. Mr. Thompson further explained the 1994 budget adjustment includes an increase in the cost associated with the telephone upgrade budgeted in 1994, the addition of voice mail, an additional computer file server, an additional Computer Specialist (offset by the clerical worker position budgeted for but not hired), additional legal fees, Municipal Court expenses related to temporary offices, Civil Service testing, and additional inspection and engineering services needed with the construction of the Supermall. Finance Director Thompson explained adjustments in construction projects resulting from work planned for 1993 but delayed until 1994 together with realignment of construction projects to meet current needs. Finance Director Thompson explained funding for the third fire station included planning and architectural work on the premise the project is to proceed. Finance Director Thompson explained the initial funding would be borrowed from another fund until bonds could be issued and the loan repaid. Councilmember Kurle stated he is concerned with program improvements included in a mid-year budget adjustment versus the program improvements competing with other programs and projects during the normal budget process. Councilmember Kurle stated approving the computer specialist as part of the mid-year budget adjustment establishes a policy decision. Councilmember Brothers stated he prefers to limit budget corrections and is reluctant to approve any mid-year budget adjustment. Councilmember Brothers asked Finance Director Thompson to explain the affect of the Supermall on the third fire station in terms of its obligation to the City relative to the third fire station. Finance Director Thompson stated a contract between the City and the developer provides that if the City builds the fire station within a period of time after the mall opens, and if a certain portion of the tax revenue from the mall is not sufficient to pay the debt service on the fire station, the developer must pay the difference. Councilmember Barber stated she reluctantly modified her motion to exclude the third fire station funding and asked Councilmembers' support of the remaining budget adjustments. Councilmember Borden stated she understood at the time of adoption of the 1994 Budget that the budget was mall neutral, and some adjustments might be needed. She further stated her support of transferring funds to the Cumulative Reserve Fund and the budget adjustments to enable the City to operate more efficiently. Councilmember Burns expressed concern with transferring motor vehicle tax from its current fund to an arterial street fund as proposed in the budget adjustment which would limit the use of the funds. Finance Director Thompson stated that the tax in question could only be used for transportation purposes under State regulations and that street projects which the tax was intended for were also moved to the arterial street fund. MOTION CARRIED. 6-1. Councilmember Burns voted no. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page No. 8 VL NEW BUSINESS A. ADDlication No. CUPO003-94 03.10.1 The request of Gary N. Cocker for a Conditional Use Permit to construct a duplex and a triplex on property located at 4021 Auburn Way South and zoned R-3, Duplex. Motion by Councilmember Burns, second by Councilmember Barber to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. VIL ORDINANCES AND RESOLUTIONS A. Ordinances Acting City Attorney Reynolds read the title of each Ordinance out loud. 1. Ordinance No. 4691 A3.5.5.12, 04.4.9, Airport An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Section 12.56.460, entitled IIMilitary-Type and Experimental-Type Aircraft Regulations" contained in Auburn City Code Chapter 12.56 entitled "Airport" to provide similar regulations for access to the Airport by all aircraft duly licensed and regulated by the Federal Aviation Administration including aircraft in the "experimental-type" category and requiring the experimental-type aircraft to carry insurance during its FAA required solo test period. Motion by Councilmember Wagner, second by Councilmember Burns to introduce and adopt Ordinance No. 4691. In response to questions by Councilmember Borden, Planning and Community Development Director Krauss explained the Federal Aviation Administration (FAA) licenses categories of military-type and experimental-type aircraft and are fully inspected by the FAA. Planning and Community Development Director Krauss explained the Ordinance requires experimental-type aircraft carry insurance during the FAA solo test period, is consistent with FAA regulations, and provides greater protection to the City. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4698 F5.2.6, 02 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation of grant funds not to exceed the amount of one thousand seven hundred fifty dollars, ($1,750.00), and authorizing the Mayor and City Clerk to execute an agreement with the State of Washington Department of Community Development Agreement No. 94 W&CS 013 to accept grant funding for an emergency information computer system. Motion by Councilmember Brothers, second by Councilmember Wagner to introduce and adopt Ordinance No. 4698. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES September 6, 1994 Page No. 9 3. Ordinance No. 4699 03.11.1, F5.4.3 An Ordinance of the City of Auburn, Washington, amending Ordinance No. 4618 which ordinance approved the 1993-1994 appropriation of Community Development Block Grant Funds to reallocate unused funds. Motion by Councilmember Burns, second by Councilmember Barber to introduce and adopt Ordinance No. 4699. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions - None. VIIL MA VOR'S REPORT A. Executive Session Mayor Booth announced there would be a brief Executive Session to discuss potential litigation and stated no action is expected as result of the Executive Session. Mayor Booth recessed the meeting to Executive Session at 10:08 p.m. Mayor Booth reconvened the regular meeting at 10:18 p.m. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10: 18 p.m. ~'t.to-G-~~ Charles A. Booth, Mayor 8-6·¿il)¿¿)W¡¿¿li:tu Robin Wohlhueter, City Clerk 94M9-6