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HomeMy WebLinkAbout05-15-1995 CITY OF AUBURN COUNCIL MEETING MINUTES May 15, 1995 7:30 p.m. CALL A. Bo TO ORDER Fla.q Salute Mayor Booth called the meeting to order at 7:32 p.m. and led those in attendance in the pledge of allegiance. 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, and Don Kurle. Mayor Booth indicated Councilmember Stacey Brothers is excused from attending this evening's meeting. Staff members present included: Police Captain Ray Sherman, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Parks and Recreation Director Len Chapman, Deputy Finance Director Arlene Mempa, Public Works Director Frank Currie, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Assistant City Attorney Judy Ausman, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. Announcements and Appointments 1. Announcements a) Proclamation A1.8 Mayor Booth read and presented a proclamation to Gene Wiley, Disabled Veterans Outreach Specialist, declaring June 18 through June 24, 1995 as "Hire A Veteran Week". Mr. Wiley thanked the Mayor and City Council for their support of the veterans' Page1 City of Auburn Council Meetinq Minutes May 15, 1995 II. programs. Mr. Wiley also thanked the Parks, Police, and Fire Departments for their assistance with the annual veterans "Standown" held at Game Farm Park. Mr. Wiley presented the Mayor with a cap in appreciation for his service and support of the veterans' programs. Mayor Booth stated Mr. Wiley has been instrumental in organizing the "Standown" where veterans can receive medical assistance, guidance and counseling services, and other services. Mayor Booth and Mr. Wiley relayed an incident at a recent Standown where the organizers discovered a homeless veteran had been awarded the Congressional Medal of Honor. 2. Appointments - None. D. Agenda Modifications Agenda modifications include a petition to annex an 18 acre parcel of land located south of 280th and east of "B" Street NW transmitted under Item IV.D of these minutes, and the addition of Resolution No. 2643 not available at the time of publication of the City Council Agenda and transmitted under Item VlI.B.3 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings - None. B. Audience Participation Don Freund, 3306 104th Avenue Court East, Sumner, WA Mr. Freund stated he is the co-owner of Ande Recreation which currently operates Person Lanes. Mr. Freund distributed information to the Mayor and City Council with regard to his presentation this evening on admission tax. Mr. Freund referred to Auburn City Code Section 3.52.010 which he said requires a five percent tax on all fees paid for the purpose of an admission charge in the city limits. Mr. Freund also quoted Auburn City Code Section 3.52.020.A.3 as follows: "The charge made for rental or use of equipment or facilities for purposes of recreation or amusement and where the rental of equipment or facilities is necessary to Page 2 City of Auburn Council Meetinq Minutes May 15, 1995 the enjoyment of the privilege for which general admission is charged, the combined charge shall be the admission charge." Mr. Freund stated he currently pays a use tax to the city. Mr. Freund referred to his Combined Monthly Excise Tax Return for March 1995 included in his handout. Mr. Freund stated the return shows he paid a use tax on the facility to the City of Auburn. Mr. Freund stated he does not understand why his business is subject to a five percent admission tax when an admission charge is not collected to gain entrance to his business. Mr. Freund stated the admission tax is paid on the fees collected from persons bowling. Mr. Freund reported he contacted the cities of Kent, Tacoma, Federal Way, and Seattle and found they do not currently collect admission tax on bowling alleys. Mr. Freund stated that according to a fellow bowling alley operator, the City of Seattle repealed its admission tax at the urging of bowling alley operators. Mayor Booth interjected that the cities of Bellevue and Bremerton may assess admission tax on bowling alleys. Mr. Freund then stated that of the approximate 122 bowling centers in the state of Washington, three bowling centers are subject to admission tax. Mr. Freund stated he was told there are approximately 17 businesses in the city that pay admission tax, and there are approximately 2,137 businesses in Auburn. Mr. Freund stated he believes he is being singled out. Mr. Freund stated the additional revenues the city will gain from the supermall, the horsetrack, and tourism is astronomical compared to the amount collected from him for admission tax. Mr. Freund stated the bowling center business loses money during May, June, July and August each year. Mr. Freund stated unless something is done about the admission tax, he will not be able to continue his business in Auburn. Mr. Freund stated he sponsored a professional bowlers tournament in Kennewick, but had to decline sponsoring a similar event in Auburn because of the admission tax. Mr. Freund requested the City Council review the admission tax. In response to a question from Councilmember Borden, Mr. Freund stated he pays sales and use tax to the state of Washington and a percentage is returned to the City. Mr. Freund explained he paid $153.00 to the City in use taxes Page City of Auburn Council Meetinq Minutes May 15, 1995 and approximately $12,000 in admission taxes for the first quarter of 1995. Councilmember Barber indicated the Finance Committee will review Mr. Freund's request. Mayor Booth recommended Mr. Freund contact Councilmember Barber, who is the Chair of the Finance Committee, to determine when his request will be on the Finance Committee meeting agenda. Kathy Perry, 2615 19th Street SE, Auburn, WA Ms. Perry stated she is a resident of the Greentree Condominium Association and lives behind the Muckleshoot Casino. Ms. Perry asked for City Council assistance in the proper approach to her concern about the lack of fencing or barriers around the Muckleshoot Casino construction site and construction machinery. Ms. Perry stated there is also a problem with overflow parking from the casino in the condominium parking area. Ms. Perry stated she would like a permanent fence erected around the casino. Ms. Perry stated she is concerned for the safety of the residents' children. Mayor Booth advised Ms. Perry that the petition from residents of the Greentree Condominiums was transmitted to the City Council. Councilmember Kurle asked if the City has approached the Muckleshoot Tribe about erecting a barrier. Mayor Booth stated the Tribe has been contacted. Councilmember Haugen asked how close the construction site is to the condominiums. Donna Lewis, 2513 18th Street SE, Auburn, WA Ms. Lewis stated she is President of the Homeowners Association at Greentree Condominiums. Ms. Lewis stated the construction site is approximately 30 feet from the condominium units. Ms. Lewis stated when trees were removed from the construction site, trees on the condominium property were also removed. She stated children cannot differentiate between Greentree Page 4 City of Auburn Council Meetinq Minutes May 15, 1995 Condominium property and the Muckleshoot Casino construction site. Ms. Lewis stated a barrier is needed to protect the children. Councilmember Kurle asked Public Works Director Currie if there is a federal law requiring a barrier be erected around the construction site. Public Works Director Currie stated he knows of none, but would check further. Councilmember Kurle asked what would be the cost to the City for erecting a barrier and requested Public Works Director Currie provide the information at the next Public Works Committee meeting. Councilmember Barber stated she lives in the area and has observed some of the conditions described by Ms. Perry and Ms. Lewis. Councilmember Haugen requested information on the cost to the City if the City installed a barrier. Councilmember Kurle asked if Ms. Perry or Ms. Lewis have attended a Tribal Council meeting. Ms. Lewis indicated they have not, but they have corresponded by letter and contacted Tribal officials. In response to a question from Councilmember Barber, Mayor Booth stated he is not opposed to a Resolution encouraging action by the Muckleshoot Tribe, but he would prefer to continue efforts in resolving the issue first. Councilmember Burns stated he also lives in the area and is concerned with the conditions at the casino site. Councilmember Burns stated that since the Muckleshoot Tribe is a separate nation, the City of Auburn is limited in its ability to affect the Muckleshoot Tribe. Councilmember Burns stated he agrees with Mayor Booth in that a Resolution may not be appropriate at this time and other means of resolving the issue be continued first. Planning and Community Development Director Krauss advised when the final facility is built, there will be a fence and landscaping along the property line shared by the Muckleshoot Casino and the Greentree Condominium. Mr. Page 5 City of Auburn Council Meetinq Minutes May 15, 1995 Krauss stated he contacted the Muckleshoot Tribe last week and was assured at that time temporary fencing would be installed. Mayor Booth stated he would check on the matter again tomorrow. Jim Farrell, Auburn High School, 800 4th Street NE, Auburn Mr. Jim Farrell, Auburn High School teacher, introduced the following Auburn High School students in attendance this evening to observe the City Council meeting: Michele Boyd, Kate Hamilton, Ruth Gordon, Kelly Wiesner, Kristen Belcheff, Robert Bryant, Cam Snow, Josh Hicks, Matt Marx, Adam Galvin, Matt Olson, Matt Sugarbaker, and Bryan Pellegrini. Ruth Gordon, 12121 SE 19th Place Auburn, WA Ms. Gordon stated she is of Native American descent. She stated the Muckleshoot Reservation is under federal guardianship and is not within the city of Auburn. She stated the City has no control over the Reservation. Ms. Gordon encouraged Ms. Perry and Ms. Lewis go to the Tribal Council with their concerns and continue their efforts through the Tribal Council. Donna Brown, 202 "D" Street SE, Auburn, WA Ms. Brown stated she is concerned with the Iow-income senior housing development that is expected to be constructed at the end of "D" and "E" Streets. At the request of Mayor Booth, Planning and Community Development Director Krauss explained the City held a public hearing on the vacation of the alley, and the hearing on the development has not been scheduled yet. Mr. Krauss stated the City has been requested to conduct a SEPA review. Assistant Planning Director Rued explained that once staff completes the environmental review, a determination will be issued which is appealable to the Hearing Examiner. Mr. Rued stated that a public hearing on the conditional use permit will be held before the Hearing Examiner with a recommendation made to the City Council. In response to a question from Ms. Brown, Assistant Planning Director Rued stated the environmental review includes studies on traffic and a lot of other issues. Mr. Page 6 City of Auburn Council Meetinq Minutes May 15, 199~ Rued stated the process includes a public hearing where decision makers have an opportunity to review staff proposals and neighborhood comments. Ms. Brown asked who will be notified of the hearing. Assistant Planning Director Rued stated the legal notification area is 300 feet, but in cases where there is a lot of neighborhood interest staff attempts to go beyond the legal requirement. Ms. Brown stated she thinks it is wrong to vacate the alley as traffic will be limited to using either "E" or "D" Street. Ms. Brown stated her experience indicates ambulances visit senior housing quite often. She stated more room is needed than what is offered. In response to questions from Mayor Booth and Councilmember Haugen regarding notification of the public hearing, Planning and Community Development Director Krauss stated he can expand beyond the legal requirement for notification. He stated the department has been contacted by a number of people regarding the project. Mrs. Brown requested she be placed on a list to receive all future meeting notices regarding this project. Gordon Roach, 101 "E" Street SE, Auburn, WA Mr. Roach asked if residents of the area will have any voice in the proposed project. Mayor Booth stated the residents' concerns and recommendations will be taken into consideration during the process. Councilmember Burns stated the City Council is charged with keeping an open mind until such time as the issue comes before the City Council for resolution and all the evidence is presented to the Council. Mr. Roach questioned the number of notices sent out regarding the hearing on the petition for alley vacation. Public Works Director Currie stated he prepared the mailing list which consisted of property owners on both sides of "E" Street and property owners on the west side of "D" Street from Main Street to 2nd Street. Page 7 City of Auburn Council Meetinq Minutes May '15, 1995 II1. Mr. Roach stated if the project is a three or four story building with 100 units, it is an impact. Mayor Booth advised Mr. Roach will have an opportunity to address the issue during the public hearing. C. Correspondence Mayor Booth noted the following correspondence. This transmits a Greentree Condominium Petition received from Kathy Perry, on behalf of area residents, on May 5, 1995. The petition is a request that the Muckleshoot Indian Tribe erect a fence around the area of their construction site and the Greentree Condominium property line due to the concern and safety of children. The following information is provided to the City Council prior to the public hearing to finalize Local Improvement District No. 341 and Local Improvement District No. 348 according to the City's participation and compliance with State law. a) City of Auburn, Washington Notice of Hearing on Final Assessment Roll, Local Improvement District No. 341, Assessment No. 77. b) City of Auburn, Washington Notice of Hearing on Final Assessment Roll, Local Improvement District No. 348, Assessment No. 8 and Assessment No. 20. c) Summary of the Final Assessment Roll and a copy of the Final Assessment Roll for Local Improvement District No. 341. d) A Summary of the Final Assessment Roll and a copy of the Final Assessment Roll for Local Improvement District No. 348. COUNCIL COMMITTEE REPORTS Municipal Services Mayor Booth noted the regularly scheduled Municipal Committee meeting for this afternoon was canceled. Services Page 8 City of Auburn Council Meetinq Minutes May 15, 1995 IV. Planning & Community Development Chair Burns reported the Planning and Community Development Committee met May 8, 1995, and the minutes are a matter of public record. Chair Burns requested Council's support of the Planning and Community Development Committee items as they appear in tonight's agenda. Chair Burns stated the Planning and Community Development Committee received its first request to have property taxed as open space hearing. The next regular meeting of the Planning and Community Development Committee is scheduled for Monday, May 22, 1995 at 7:30 p.m. Public Works Chair Wagner reported the Public Works Committee met May 8, 1995, and discussed a number of items including Ordinance No. 4744 which accepts funds from the State to improve Auburn Way North, the Six Year Transportation Improvement Plan process and impacts, and a potential workshop to discuss transportation and growth management issues. The next meeting of the Public Works Committee is scheduled for May 30, 1995 at 5:30 p.m. Chair Wagner stated there may be a meeting in the interim. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. Chair Barber stated that since the Municipal Services Committee did not meet this evening, the Finance Committee considered Resolution No. 2643 and recommends its approval. Chair Barber stated the Finance Committee also reviewed claims and payroll vouchers and recommends their approval. The next regular meeting of the Finance Committee is scheduled for Monday, June 5, 1995 at 7:00 p.m. CONSENT AGENDA A. Minutes Bo 1. Minutes of the May 1, 1995 regular Council meeting. Vouchers F4.9.2, F4.9.5 1. Claims check numbers 101532 through 101546 in the amount of $30,662.30 and dated April 26 through April 28, Page 9 City of Auburn Council Meetinq Minutes May 15, 1995 1995, and claims check numbers 101547 through 101950 in the amount of $1,705,422.26 and dated May 15, 1995. 2~ Payroll check numbers 214894 to 215317 in the amount of $725,472.58 and Direct Payroll Deposit transmissions in the amount of $157,688.51 for a grand total of $883,161.09 for the pay period covering April 28, 1995 to May 8, 1995 and dated this 15th day of May, 1995. C. Contract Administration Public Works Proiect No. 526 O4.8.1 Approve the final pay estimate to Active Construction for Contract No. 94-06, Public Works Project No. 526, Subbasin F Storm Upgrade. Call for Hearinq 03.1 ANX0001-95 The City Council to schedule a public hearing for the Council's June 5, 1995 meeting on a request to annex an 18 acre parcel of land located south of 280th and east of "B" Street NW. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A through IV.D. UNFINISHED BUSINESS - None. NEW BUSINESS Ordinance No. 4744 F5.2.14, O4.9.1 Project No. 505 An Ordinance of the City Council of the City of Auburn, Washington, approving State Urban Arterial Board Grant funds with Local Matching Funds as provided in the Urban Arterial Board Project Agreement between the City and the Washington State Urban Arterial Board for roadway widening and construction of Auburn Way North and installation of related utilities from 4th Street NE to 15th Street NE. At the request of Councilmember Burns Ordinance No. 4744 is presented on tonight's agenda. At the May 1, 1995 City Council meeting Ordinance No. 4744 failed by a 2-2 vote. Page 10 City of Auburn Council Meetinq Minutes May 15, 1995 Motion by Councilmember Burns, second by Councilmember Borden to reconsider Ordinance No. 4744. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Wagner, second by Councilmember Borden to introduce and adopt Ordinance No. 4744. Councilmember Haugen stated she is grateful for Councilmember Burns' motion to reconsider Ordinance No. 4744, and she will be voting in favor of its adoption. Councilmember Haugen stated she is concerned with the effect the project will have on businesses in the area and the property that will be lost by the business owners as a result. Councilmember Haugen stated she is aware of the importance of the project to many other people. MOTION CARRIED UNANIMOUSLY. 6-0. Bo Application PLT0003-93 03.5 PLT0003-93 Chinook Park Estates Council consideration on the request of property owners for approval of the Final Plat of a 9-lot multi-family subdivision to be known as "Chinook Park Estates" located in the 3600-3700 block of Auburn Way South, within the City of Auburn. Motion by Councilmember Burns, second by Councilmember Wagner to approve the Final Plat of Chinook Park Estates and to instruct the City Attorney to prepare the necessary Ordinance and Agreement. MOTION CARRIED. 5-1. Councilmember Haugen voted no. Councilmember Haugen asked the reason for putting change orders on the Consent Agenda for full Council approval. Mayor Booth responded it is his understanding Change Orders are presented to the full City Council if the expense exceeds the amount authorized for the project. Assistant City Attorney Ausman stated Change Orders are presented to the City Council if they exceed the budget parameters approved by the City Council. Councilmember Haugen stated she saw a Change Order for approximately $9,400 and was told at a public meeting that the Change Page 11 City of Auburn Council Meetinq Minutes May 15~ 1995 VII. Order was within budget. Councilmember Haugen stated the Change Order was presented to the full City Council under a Consent Agenda for approval. Councilmember Haugen stated she does not understand why time and supplies are wasted on Change Orders if they are within budget. Councilmember Haugen stated that as of this afternoon, she has not been allowed to see Change Order No. 3 for approximately $14,124. Councilmember Haugen stated she has been refused access to the Change Order. Mayor Booth asked Councilmember Haugen who refused her access to the Change Order. Councilmember Haugen explained she made the request by way of the City Clerk. City Clerk Robin Wohlhueter stated Councilmember Haugen's request was referred to the Mayor's office. Mayor Booth advised Councilmember Haugen that there is a written response to her request, and she will receive it. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4742 O3.3.1, 03.8 REZ0009-90 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 4627 by revising Condition No. 8. K.3 that required the developer to provide landscaping along the Interurban trail prior to occupancy of Phase I of the Supermall. Motion by Councilmember Wagner, second by Councilmember Borden to introduce and adopt Ordinance No. 4742. MOTION CARRIED. 5-1. Councilmember Burns voted no. Resolutions Resolution No. 2641 04.4.7 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an Agreement For Golf Professional Services On Auburn Golf Course between the City and Douglas J. Campbell. Page 12 City of Auburn Council Meetinq Minutes May 15, 199-~ Motion by Councilmember Burns, second by Councilmember Kurle to adopt Resolution No. 2641. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 2642 04.9.3 A Resolution of the City Council of the City of Auburn, Washington, fixing 7:30 PM on June 19, 1995 as the time and date for a public hearing before the City Council on the 1996-2001 Six Year Transportation Improvement Program. Motion by Councilmember Wagner, second Councilmember Haugen to adopt Resolution No. 2642. by MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 2643 F4.6.1 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 Disposition of Property Agreement between the City and King County Fire Protection District No. 25 for the purchase of a 1987 Mack 1500 GPM Pumper. Motion by Councilmember Barber, second Councilmember Borden to adopt Resolution No. 2643. by MOTION CARRIED UNANIMOUSLY. 6-0. MAYOR'S REPORT Council Work Session A3.6.2 Members of the Public Works and Planning & Community Development committees have agreed that they would like to schedule a work session to gain an understanding of concurrency management and impact fee systems. These two tools are key components in implementing the new Comprehensive Plan. They are also particularly important due to GMA, the new Regulatory Reform bill change in focus on SEPA and to effectively manage the City's development review process. These tools will be used to Page 13 City of Auburn Council Meetinq Minutes May 15, 1995 IX. insure that adequate levels of emergency, transportation, utility, recreation and other public services continue to be available as the community grows. In coordination with the City's consultant, Randy Young, a date has not been set that is agreeable with members of the City Council and the consultant. Dates available for the consultant are as follows; Wednesday, May 24, Thursday, May 25, Tuesday, May 30, and Wednesday, June 14, 1995. This meeting will begin at 5:30 PM. Mayor Booth stated the meeting should last approximately two hours. Councilmember Borden stated she cannot attend on May 24, 1995. Councilmember Barber stated she prefers the work session not be held May 25, 1995. It was consensus of the City Council to schedule a work session for May 30, 1995 at 5:30 p.m. Councilmember Wagner noted a Public Works Committee meeting is scheduled for the same time, and he will have to determine a way to conduct the regular agenda. B. Executive Session Mayor Booth recessed the regular meeting to Executive Session at 8:36 p.m. for approximately 20 minutes in order to discuss potential litigation and personnel matters. Mayor Booth stated no action is expected as a result. At 9:15 p.m. Mayor Booth reconvened the regular meeting. ADJOURNMENT There being no further business to come before the City Council, the meeting adjourned at 9:15 p.m. Charles A. Booth, Mayor 95M5-15 Robin Wohlhueter, City Clerk Page 14