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'
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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
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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
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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
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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.
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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.
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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.
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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
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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,
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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.
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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
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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.
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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
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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
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