Loading...
HomeMy WebLinkAbout09-05-1995 CITY OF AUBURN COUNCIL MEETING MINUTES September 5, 1995 7:30 p.m. CALL TO ORDER Fla.q Salute Mayor Booth called the meeting to order at 7:30 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, Stacey Brothers, and Don Kurle. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Parks and Recreation Director Len Chapman, Finance Director Victor Thompson, City Engineer Dennis Dowdy, Planning and Community Development Director Paul Krauss, City Attorney Michael Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. At 7:33 p.m. Mayor Booth recessed the regular meeting to executive session for approximately 10 minutes in order to discuss potential litigation. Mayor Booth reconvened the regular meeting at 7:49 p.m. C. Announcements and Appointments Announcements There were no announcements. Appointments There were no appointments for consideration. Page1 City of Auburn Council Meetinq Minutes September 5, 1995 Do Agenda Modifications Agenda modifications include correspondence transmitted under Items II.C.5, II.C.6 and II.C.7 of these minutes; Ordinance No. 4788 transmitted under Item VlI.A.2 of these minutes; and Resolution No. 2671 transmitted under Item VlI.B.4 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1996 Budget Hearing 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 1996 Budget. Mayor Booth opened the public hearing and requested public comment. There were no requests from the audience for recognition. Motion by Councilmember Barber, second Councilmember Brothers to close the public hearing. by MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation Perry Weinber,q, Preston Gates and Ellis, 701 5th Avenue, Suite 5000, Seattle, WA, 98104 Mr. Weinberg spoke on behalf of Burlington Northern Railroad. Mr. Weinberg requested, on behalf of Burlington Northern Railroad, that the City Council delay consideration of Ordinance No. 4788 for a couple weeks. Mr. Weinberg stated the substance of his comments this evening are contained in a letter addressed to the City from Dick Ford of Mr. Weinberg's office and dated September 1, 1995. Mr. Weinberg requested the letter be included as part of this evening's record. (Subject letter is included under Item II.C.6 of these minutes.) Mr. Weinberg stated the property is zoned light industrial which requires all activities to take place indoors. Mr. Weinberg stated the City's Page 2 City of Auburn Council Meetinq Minutes September 5, 1995 Comprehensive Plan Northern's existing rail precludes intermodal will result effectively makes Burlington line a nonconforming use, and it Burlington Northern from constructing an facility at its rail yard. Mr. Weinberg stated this in significant impacts for rail service locally, throughout the region, and within the state. Mr. Weinberg stated the City has not conducted an environmental impact statement for the Comprehensive Plan, and Mr. Weinberg requested it be noted that there has been inadequate analysis of the environmental impacts to make an informed decision on the adoption of the Plan. Mr. Weinberg stated that because of the importance of the rail corridor and the intermodal yard as a regional and state-wide transportation facility, the Ports of Seattle and Tacoma and the State Department of Transportation are concerned about the Plan's failure to adequately address regional transportation issues and freight mobility. Mr. Weinberg stated the Ports and the State Department of Transportation also support an intermodal facility at Burlington Northem's yard. Mr. Weinberg requested action be delayed on Ordinance No. 4788 until after the City's meetings later this week with the Ports of Seattle and Tacoma and the State Department of Transportation. Mr. Weinberg stated by order of the Central Growth Planning Hearings Board, the City has until October 6, 1995 to adopt the Comprehensive Plan, and he requested the City Council address Burlington Northem's concerns prior to adoption rather than after adoption of the Comprehensive Plan. Mr. Weinberg added that Burlington Northern is not attempting to circumvent a permitting process or receive special treatment for its facilities, but requests that the Plan contain flexible language in it so that the rail lines are permitted uses, not nonconforming uses, and that Burlington Northern can attempt to permit an intermodal facility in the future at its site. Mr. Weinberg stated Burlington Northern officials are willing to meet with the City. Mr. Weinberg also stated that if the Plan is adopted as is, Burlington Northern will return to the Growth Planning Board in an attempt to resolve concerns with the City's Comprehensive Plan. Page 3 City of Auburn Council Meeting Minutes September $, 1995 Cyril Van Selus, 20 Riverview Drive SE, Auburn, WA, 98002 Mr. Van Selus stated his comments tonight were prompted by a letter to the editor last week giving credit to the previous Mayor, Bob Roegner, for his work in bringing the Supermall development to Auburn. Mr. Van Selus compared the naming of Roegner Park to that of Les Gove Park. Mr. Van Selus stated the City Council named Roegner Park while Mayor Roegner was in office and a plaque at the park commemorates it as Roegner Park. Mr. Van Selus stated he could not find a similar plaque or monument to Mayor Gove at Les Gove Park. Mr. Van Selus also stated that under Auburn City Code Section 2.63.120, the Mayor is the only City employee allowed to accumulate more than two years vacation pay. Mr. Van Selus stated Mayor Roegner received approximately $39,000 for accrued vacation pay in late 1993. Mr. Van Selus also stated he visited the new fire station located at the General Services Administration facility. Mr. Van Selus said he was impressed with the enthusiastic tour of the facility given by the firefighters. Mr. Van Selus stated the firefighters saved the City several thousands of dollars by constructing the kitchen, bathroom, sleeping rooms, the office, and the board room themselves. Mr. Van Selus stated he believes the City employees have been taken for granted for too long and requested the City Council demonstrate their appreciation. Correspondence Letter addressed to the Auburn City Council from Barbara and Al Glenewinkel dated August 16, 1995 regarding proposed senior housing. Letter addressed to the City of Auburn from Finance Director Victor Thompson dated July 31, 1995 transmitting Notice of Collection on LID 348 Assessment No. 8 which was hand delivered to Finance Director Thompson on July 31, 1995. Letter addressed to the City of Auburn from Finance Director Victor Thompson dated July 31, 1995 transmitting Notice of Collection on LID 348 Assessment No. 20 which was hand delivered to Finance Director Thompson on July 31, 1995. Page 4 City of Auburn Council Meetina Minutes September 5, 1995 III. Letter addressed to the City of Auburn from Finance Director Victor Thompson dated July 31, 1995 transmitting Notice of Collection on LID 341 Assessment No. 77 which was hand delivered to Finance Director Thompson on August 4, 1995. Letter dated August 31, 1995 to J. Tayloe Washburn, Foster Pepper & Shefelman, and Michael Reynolds, City Attorney, from Richard D. Ford and Perry S. Weinberg, Preston Gates & Ellis regarding Burlington Northern Railroad v. City of Auburn. Letter dated September 1, 1995 to Mayor Charles Booth and the Members of the Auburn City Council from Richard D. Ford and Perry S. Weinberg, Preston Gates & Ellis. Letter, via facsimile, dated September 5, 1995 to Robin Wohlhueter, City Clerk from Perry S. Weinberg, Preston Gates & Ellis regarding Adoption of Auburn Comprehensive Plan. At the request of Councilmember Kurle, at 8:03 p.m. Mayor Booth recessed the regular meeting to executive session for approximately 10 minutes to discuss potential litigation. At 8:04 p.m. Mayor Booth reconvened the regular meeting. COUNCIL COMMITTEE REPORTS Ao Municipal Services Chair Brothers reported the Municipal Services Committee meeting scheduled for this afternoon was canceled. The next regular meeting of the Municipal Services Committee is scheduled for September 18, 1995 at 4:30 p.m. Bo Planning & Community Development Chair Burns reported the Planning and Community Development Committee has not met since the last City Council meeting. The next regular meeting of the Planning and Community Development Committee is scheduled for September 11, 1995 at 7:30 p.m. Public Works Chair Wagner reported the Public Works Committee met August 28, 1995 at 5:30 p.m. and discussed the acceptance of $1.6 million Page 5 City of Auburn Council Meeting Minutes September 5, 1995 IV. from the federal and state governments for part of the implementation of the "C" Street interchange. Chair Wagner stated the Committee also discussed a number of contract administration items and requests City Council support for them. Chair Wagner also reported the Committee reviewed the Water Capital Improvements Plan, and the Committee is close to bringing the Water Comprehensive Plan to City Council for approval. Chair Wagner stated that because of the progress made on the Water Comprehensive Plan, the Committee began studying one of the interlocal agreements for selling water to District 111. Chair Wagner also stated the Committee heard a presentation on fuel contamination at various locations in the City which are currently under study. The next regular meeting of the Public Works Committee will be held September 11, 1995 at 6:00 p.m. Do Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. and discussed the sale of LID bonds with Finance Director Victor Thompson. Chair Barber also reported the Committee reviewed claims and payroll vouchers, and requests their approval by the City Council. The next regular meeting of the Finance Committee is scheduled for Monday, September 18, 1995 at 7:00 p.m. CONSENT AGENDA A. Minutes 1. Minutes of the August 21, 1995 regular City Council meeting. Minutes of the August 21, 1995 continued meeting of the City Council held August 22, 1995. Bo Vouchers F4.9.2, F4.9.5 Claims Claims check numbers 104892 through 105320 in amount of $626,898.58 and dated September 5, 1995. the 2. Payroll Page 6 City of Auburn,Council Meetina Minutes September 5, 1995 VI. Payroll check numbers 217754 to 218091 in the amount of $580,124.00 and Direct Payroll Deposit transmissions in the amount of $174,813.40 for a grand total of $754,937.40 for the pay period covering August 16, 1995 to August 29, 1995. C. Contract Administration Public Works Project Number 519 O4.8.1 PR 519 Contract 95-15 Recommend the award of Public Works Contract Number 95-15, North Central Auburn Storm Drainage Facilities Phase I, PR 519, to Robison Construction on their Iow bid of $484,641.05. Public Works Project Number 502 04.9.1 PR 502, F2.4.9 LID 341 Recommend approval of Pay Estimate No. 9 (Final) to R. W. Scott Construction, for Public Works Contract No. 94-01, 37th Street SE Improvements, PR 502, in the amount of $56,824.16. Public Works Project Number 522 O4.9.1 PR 522 Recommend approval of Change Order No. 2, Contract No. 94-08, Downtown Pedestrian Plaza, PR 522, to R. W. Scott Construction in the amount of $2,491.65. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A. 1 through IV.C.3. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS There were no items for City Council review under this section. NEW BUSINESS Ao Application No. PLT0002-89R 03.5 PLT0002-89R City Council to consider the final plat of Sunning Hills, Division I, consisting of 55 single-family lots located west of West Valley Highway and north of Aaby Drive. Page 7 City of Auburn Council Meetinfl Minutes September 5, 1995 VII. Motion by Councilmember Burns, second by Councilmember Wagner to approve the final plat of Sunning Hills Division I and to instruct the City Attorney to prepare the necessary ordinance. Councilmember Haugen asked the acreage of the 55 lots requested for approval in Phase I. Planning and Community Development Director Krauss and City Engineer Dowdy stated they are unsure of the exact acreage for Phase I. MOTION CARRIED UNANIMOUSLY. 7-0. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4786 O4.9.1 PR 529, F5.2 An Ordinance of the City Council of the City of Auburn, Washington, approving State TIA Grant Funds with local matching funds as provided in the Urban Design Prospectus between the City and the Washington State Transportation Improvement Board to design and purchase right of way for the westbound ramp at SR 18 and "C" Street SW. Motion by Councilmember Wagner, second by Councilmember Kurle to introduce and adopt Ordinance No. 4786. Councilmember Wagner complimented staff, especially City Engineer Dennis Dowdy, on securing the grant from federal and state sources. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 4788 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting the Comprehensive Plan Map and text amendments for the City of Auburn, Washington, pursuant to the provisions of R.C.W. Chapters 36.70A and 35A.63 of the Laws of the State of Washington; designating these amendments as Page 8 City of Auburn Council Meetin;I Minutes September $, 1995 guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); directing that this Ordinance and Comprehensive Plan text amendments its adopts and approves be filed with the Auburn City Clerk and be available for public inspection; ratifying and confirming Resolution No. 2635. Motion by Councilmember Bums, second by Councilmember Haugen for the introduction and adoption of Ordinance No. 4788. MOTION CARRIED UNANIMOUSLY. 7-0. Resolutions Resolution No. 2666 A3.13.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Payback Agreement between the City and William M. Goodwin, Sharon M. Goodwin and Jerry C. Knudson. Motion by Councilmember Wagner, second Councilmember Burns to adopt Resolution No. 2666. by MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 2667 A3.13.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a public utility easement between the City of Auburn Airport Enterprise Fund and the City of Auburn Utility Enterprise Fund for the purpose of a perpetual nonexclusive easement. Motion by Councilmember Wagner, second Councilmember Kurle to adopt Resolution No. 2667. by MOTION CARRIED UNANIMOUSLY. 7-0. Page 9 City of Auburn Council Meetin.q Minutes September 5, t995 Resolution No. 2668 A3.13.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a public utility easement between the City of Auburn Airport Enterprise Fund and the City of Auburn Utility Enterprise Fund for the purpose of a perpetual nonexclusive easement. Motion by Councilmember Wagner, second Councilmember Burns to adopt Resolution No. 2668. by MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 2671 O4.6.1 A Resolution of the City of Auburn, King County, Washington, authorizing the Mayor to execute a Memorandum of Agreement among the Indian Health Service, the Environmental Protection Agency, the City of Auburn and the Muckleshoot Tribe of the Muckleshoot Indian Reservation Washington, to provide for a sewer connection from the Tribal community sewerage system to the City system to resolve current health problems on the reservation. City Attorney Reynolds explained that normally a Resolution is brought to Committee first; however, the Resolution is a result of a meeting held late Friday afternoon. City Attorney Reynolds stated City administration has been pursuing an agreement with regard to the Muckleshoot Tribe's desire to connect to the Auburn sewer system to help alleviate a health problem resulting from failed sanitary sewer systems on the Reservation. The Muckleshoot Tribe's desire is to construct a sewer line on the Reservation and connect it to the Auburn sewer system which will transport the waste to the Metro system. City Attorney Reynolds stated Resolution No. 2671 authorizes the Mayor to enter into a Memorandum of Agreement among the Indian Health Service, the Environmental Protection Agency, the Muckleshoot Tribe, and the City of Auburn. The Resolution also refers to Page 10 City of Auburn Council Meeting Minutes September $, 1995 another agreement called the Sewer Connection Agreement which is an agreement between the Muckleshoot Tribe and the City of Auburn. City Attorney Reynolds stated the parties have not been able to agree on the Sewer Connection Agreement. City Attorney Reynolds stated the Indian Health Service indicated to him that unless the four- party agreement is approved, the Muckleshoot Tribe will lose approximately $2 million in Clean Water Act funds from the Environmental Protection Agency to be used for the construction of a sewer system. The Environmental Protection Agency and Indian Health Service have confirmed with the City Attorney that they will approve the grant based on the City's and Muckleshoot Tribe's agreement to agree to a Sewer Connection Agreement. City Attorney Reynolds stated the Memorandum of Agreement contains language that the sewer connection is conditioned upon service only to current domestic and residential units, the Tribal school, the Tribal offices, the senior center, the store, and other facilities on Tribal lands at this time. City Attorney Reynolds stated the Memorandum of Agreement will provide for future residential connections up to 100 single-family homes, but will not allow a commercial or major residential use connected to the system. City Attorney Reynolds stated the Tribal Council approved the agreement this morning, and the Indian Health Service and the Environmental Protection Agency have indicated their approval of the agreement. City Attorney Reynolds stated that if the City Council authorizes the Mayor to execute the Memorandum of Agreement which will facilitate the grant process, and the City will be legally bound to provide the connection. Councilmember Brothers asked how many single family homes currently exist on the Reservation. City Engineer Dowdy estimated 65 homes. Councilmember Brothers questioned the provision for connection of an additional 100 homes. City Attorney Reynolds stated that based on his discussions with the Muckleshoot Tribe, they plan on constructing approximately 460 new homes over the next several years. City Attorney Reynolds stated the concerns have been the amount of flow and the limited capacity of the line and the quality of the discharge to meet Metro standards. City Attorney Reynolds stated the mechanics of Page 11 City of Auburn Council Meeting Minutes September 5, 1995 enforcement of an agreement are also more difficult because of the Muckleshoot Tribe's sovereign status. In response to a question from Councilmember Kurle, City Attorney Reynolds stated that the Muckleshoot Tribe has not indicated a problem with the City's current rate structure. Also in response to a question from Councilmember Kurle, City Attorney Reynolds responded that enforcement of the four-party Memorandum of Agreement through the Indian Health Service and the Environmental Protection Agency is not procedurally difficult as it is with the Tribal unit. Councilmember Wagner asked the deadline for consideration of the Resolution. Councilmember Wagner asked whether returning the Resolution to Committee and bringing it back to the City Council on September 18, 1995, will be within the deadline for the Muckleshoot Tribe to receive their grant funding. City Attorney Reynolds stated the representatives of the Indian Health Services have led him to believe the grant needs to be awarded by the first part of September. Motion by Councilmember Wagner, second by Councilmember Haugen to return Resolution No. 2671 to the Public Works Committee for study at the September 11, 1995 meeting and return it to City Council at their September 18, 1995 meeting for further consideration. Councilmember Wagner stated he is generally in favor of the type of agreement authorized by Resolution No. 2671 and is in favor of providing better health to the Reservation through connection to the City's sewer system; however, he will not vote in favor of an agreement until an agreement is in place that does not financially obligate the citizens of Auburn to pay for the services to the Muckleshoot Tribe. Councilmember Haugen stated she has not had an opportunity to study the Resolution and therefore cannot vote on the Resolution. Councilmember Wagner stated he is concerned about the financial impact of the agreement and wants a document Page 12 City of Auburn Council Meetinq Minutes September 5, 1995 IX. that will protect the City financially. Councilmember Wagner stated he is willing to attend a special Council meeting between September 11 and September 15 to consider acting on a revised agreement. Councilmember Kurle questioned whether Metro should be negotiating with the Muckleshoot Tribe since Metro owns the sewer trunk line. Councilmember Kurle asked whether the King County Council and the King County Executive should be advised of the situation. MOTION CARRIED UNANIMOUSLY. 7-0. MAYOR'S REPORT National LeaRue of Cities Mayor Booth announced the National League of Cities Conference will be held December 2, 1995 in Phoenix, Arizona. Mayor Booth stated that if any member of the Council decides to attend, they must be designated as a delegate prior to October 1. Bo Special Council Meetin,q Mayor Booth and City Councilmembers discussed setting a tentative date and time for a special City Council meeting to consider Resolution No. 2671. By consensus, the City Council set the tentative date of September 13, 1995 at 6:30 p.m. for a special City Council meeting, if needed, to consider Resolution No. 2671. ADJOURNMENT There being no further business to come before the City Council, Mayor Booth adjourned the meeting at 8:42 p.m. Charles A. Booth, Mayor 95M9-5 Robin Wohlhueter, City Clerk Page 13