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.
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City of Auburn Council Meetinq Minutes September 5, 1995
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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