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HomeMy WebLinkAbout05-20-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES May20, 1996 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Those in attendance included Mayor Booth and the following members of the City Council: Rich Wagner, Sue Singer, Jeanne Barber, Fred Poe, Gene Cerino, and Stacey Brothers. Councilmember Trish Borden was excused from the meeting. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Parks and Recreation Director Len Chapman, Assistant Parks and Recreation Director Dick Deal, Assistant Finance Director Arlene Mempa, Public Works Director Frank Currie, City Engineer Dennis Dowdy, Planning and Community Development Director Paul Krauss, Library Director Andy Waters, City Attorney Michael J. Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1. Announcements a) Proclamations A1.8 (1) Law Enforcement Torch Run Week Mayor Booth to present a proclamation to Police Chief Dave Purdy declaring May 27- June 2, 1996 as "Law Enforcement Torch Run Week", Page 1 City of Auburn Council Meeting Minutes May 20, 1996 Mayor Booth read and presented a proclamation declaring May 27 through June 2, 1996 as "Law Enforcement Torch Run Week" in the city of Auburn to Police Chief Dave Purdy. The Law Enforcement Torch Run commemorates the Washington State Special Olympics Summer Games which will be held May 27 through June 2, 1996. (2) Auburn Police Explorer Program Mayor Booth to present a proclamation in honor of the "Auburn Police Explorer Program". Mayor Booth read a proclamation honoring the Auburn Police Explorer Program members and advisors for their assistance and support in numerous civic events. Mayor Booth presented the following Explorer Program members and advisors with a proclamation in recognition of their contributions and services to the community: Sergeant Jennifer Holt, Sergeant Bethany Sills, Explorer Kim Lynch, Explorer Candace Barker, Explorer Wanda Velazquez, Explorer Dave Rollins, Explorer Richard Lynch, Explorer Michael Holt, Captain Ryan Hamilton, Explorer Rebecca Sills, Explorer Aaron Richards, Explorer Jared Harrison, Lieutenant James Hanson, Lieutenant Ben Crum, Officer GregWoods, CSO Beth Bergeon, and DetectiveSteve Sills, St. Other members of the ExplorerProgram not in attendance include: Explorer James Murry, Explorer Joey Tracy, and Explorer Andrea Lawrence. (3) Hire a Veteran Week Mayor Booth to present a proclamation to Gene Wiley, Disabled Veterans Outreach Specialist, declaring June 16-22, 1996, as "Hire A Veteran Week". Page 2 City of Auburn Council Meeting Minutes May 20, 1996 Mayor Booth read and presented a proclamation declaring June 16-22, 1996 as "Hire a Veteran Week" to Gene Wiley, Disabled Veterans Outreach Specialist from the Washington Employment Security Office. 2. Appointments There were no appointments for consideration this evening. D. Agenda Modifications There were no agenda modifications this evening. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings There were no public hearings scheduled for this evening. B. Audience Participation 1. Virginia Haugen, 2503 "R" Street SE, Auburn, WA Virginia Haugen offered an apology to those in attendance for some of the comments she made during the May 6, 1996 City Council meeting. She offered a special apology to Planning and Community Development Director Paul Krauss. She also expressed concern with the development in the city, for the environment, and for the safety of people living in Auburn. C. Correspondence There was no correspondence for City Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee did not meet this afternoon. The next regular meeting of the Municipal Services Committee is scheduled for Monday, June 3, 1996 at 4:30 p.m. B. Planning & Community Development Vice Chair Wagner reported the Planning and Community Development Committee met May 13, 1996. The Committee Page 3 City of Auburn Council Meeting Minutes May 20, 1996 received an update on senior center activities, reviewed an Airport lease assignment which the Committee recommends for Council approval this evening, reviewed Conservation Futures funding, discussed a preannexation agreement process, and discussed the Lakeland Annexation and Utilities Agreement. The Committee recommends approval of the Lakeland Annexation and Utilities Agreement subject to acceptable language in the ordinance. The Committee received a report from Assistant Park Director Deal regarding Lea Hill Park, which is an existing King County park within the City's potential annexation area. The Committee also discussed a formula for human services funding, continued its discussion of the library, and considered a sister city proposal. The next meeting of the Planning and Community Development Committee will be held Thursday, June 6, 1996 at 4:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met May 13, 1996. The Committee reviewed portions of the Transportation Plan, received a preliminary proposal for a local improvement district to extend "1" Street NE to 277th, discussed the status of the intertie project in the Lea Hill area, and rescheduled some Committee meeting dates and times. The next regular meeting of the Public Works Committee is scheduled for Tuesday, May 28, 1996 at 5:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed and recommends approval of Ordinance No. 4864, and Resolutions No. 2744, 2745, 2746, 2747 and 2748. The Committee also reviewed claims and payroll vouchers. The next regular meeting of the Finance Committee is scheduled for Monday, June 3, 1996 at 7:00 p.m. IV. CONSENTAGENDA A. Minutes 1. Minutes of the May 6, 1996 City Council Study Session. 2. Minutes of the May 6, 1996 regular City Council meeting. Page 4 City of Auburn Council Meeting Minutes May 20, 1996 B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 111545 through 111970 in the amount of $2,876,532.51 for Period t8 are approved for payment May 20, 1996. 2. Payroll Payroll check numbers 223824 to 224201 in the amount of $716,028.69 and Direct Payroll Deposit transmissions in the amount of $205,048.39 for a grand total of $921,077.08 for the pay period covering April 29, 1996 to May 8, 1996, are approved for payment this 20th day of May, 1996. C. Utility Bill Adjustment F4.5.2 1. Utility Bill Adjustment City Council to consider the recommendation to approve a utility adjustment to the following account for the amount listed: Account 253-1020 = $38.00 2. Utility Bill Adjustment City Council to consider the recommendation to approve a utility adjustment to the following accounts for the amount listed: Account357-2430 = $ 138.59 Account312-1830 = $ 535.83 Account334-1380 = $ 499.99 Account257-2730 = $ 726.60 Account234-3000 = $ 196.02 Account 361-3370 = $1,928.18 Page 5 City of Auburn Council Meeting Minutes May 20, 1996 D. Contract Administration 1. Public Works Project Number PR 591 O4.11.1 PR 591 Request permission to advertise an invitation to bid for Public Works Project Number PR 591, Well 7. E. Call for Public Hearing O3.1 City Council to call for a public hearing on June 3, 1996 to consider establishing a preannexation agreement process. Motion by Councilmember Barber, second by Councilmember Poe to approve Consent Agenda Items IV.A through IV.E. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS A. Lakeland Annexation and Utilities Agreement O3.1, A3.13.20 City Council to consider an Agreement to provide utilities to land owned by the Lakeland Company within the Lakeland Hills South Special Plan Area located in Pierce County prior to annexation. The City Council conducted a public hearing on the Lakeland Annexation and Utilities Agreement on May 6, 1996. After the close of the hearing, the City Council referred the Agreement to the Planning and Community Development Committee for further review. Motion by Councilmember Wagner, second by Councilmember Singer to approve the Agreement and authorize the City Attorney to prepare the necessary ordinance. Planning and Community Development Director Krauss recommended two minor changes to the Agreement. The first recommended change is to Section 2.11 which deals with violations and breaches of the Agreement. At the suggestion by the Lakeland Company, Mr. Krauss recommended including a 60- day time limit for a remedy to any breach of the Agreement which may occur. The second recommended change relates to Section Page 6 City of Auburn Council Meeting Minutes May 20. t 996 4.5. Mr. Krauss recommended changing the last two sentences of paragraph 1 of Section 4.5 to read: "The level of improvement for the parks and trails shall be equivalent in quality to those improvements made to the "Lakeland Hills Park", located in the CITY. The maximum cost of future improvements shall not exceed the 1992 rate adjusted annually from the Consumer Price Index." Councilmember Wagner amended his motion to include a 60-day period in Section 2.11 of the Agreement and the changes in Section 4.5 as outlined by Planning and Community Development Director Krauss. Councilmember Singer accepted the amendment to the motion. In response to a question from Councilmember Brothers, Planning and Community Development Director Krauss explained how the 60-day remedy period would be utilized in a breach of the Agreement. MOTION CARRIED UNANIMOUSLY. 6-0. VI. NEW BUSINESS A. Application No. PLT0005-90 03.5 PLT0005-90 City Council to consider the final plat of Lakeland Division No. 14, Phase 1, consisting of a 25-1ot single family subdivision located within Lakeland Hills. Motion by Councilmember Wagner, second by Councilmember Singer to approve the final plat of Lakeland Division No. 14; and instruct the City Attorney to prepare the necessary ordinance. In response to a question from Councilmember Cerino, Planning and Community Development Director Krauss confirmed that the lot sizes in Division No. 14 meet City ordinance requirements and standards. MOTION CARRIED UNANIMOUSLY. 6-0. Page 7 City of Auburn Council Meeting Miitutes May 20, 1996 B. Application No. PLT0005-90 03.5 PLT0005-90 City Council to consider the final plat of Lakeland Division No. 12, Phase I, consisting of a 9-lot single family subdivision located within Lakeland Hills. Motion by Councilmember Wagner, second by Councilmember Singer to approve the final plat of Lakeland Division No. 12, Phase 1; and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 6-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances I 1.Ordinance No. 4862 03.8 REZ0001-96 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located at 822 "A" Street SE, within the City of Auburn, Washington, changing the zoning classification thereof from R-3 (duplex) to C-3 (heavy commercial). Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4862. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 4863 O3.10.1 CUP0006-95 An Ordinance of the City Council of the City of Auburn, Washington, approving a Conditional Use Permit to allow the construction of a drive-in restaurant on property zoned CN (neighborhood commercial) located at 3224 Auburn Way South, within the City of Auburn, Washington. Page 8 City of Auburn Council Meeting Minutes May 20. 1996 Motion by Councilmember Wagner, second by Councilmember Singer to introduce and adopt Ordinance No. 4863. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 4864 A3.5.5.5, O7.1, F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Title 5, Business Licenses and Regulations, by amending Chapters I, General Provisions, Chapter 5.10, General Business Registrations, Section 5.10.030, Registration - Fee - Term - Notices - Exemptions. Motion by Councilmember Barber, second by Councilmember Poe to introduce and adopt Ordinance No. 4864. Councilmember Brothers advised that he will oppose Ordinance No. 4864. Councilmember Brothers explained that, although the $25.00 fee is not excessive compared to other cities' fees, he opposes the amount of the increase from $5.00 to $25.00. MOTION CARRIED. 5-1. Councilmember Brothers voted no. 4. Ordinance No. 4865 A3.13.4, 05.4, F5.3 An Ordinance of the City Council of the City of Auburn, Washington, providing for the authority for the Mayor to enter into all agreements necessary to expend 1993 Regional Conservation Futures Funds for the purchase of the "Pautzke Property Tax Lot Numbers 172105-9034, 172105-9038, 172105-9039, and 172105-9210." Motion by Councilmember Singer, second by Councilmember Wagner to introduce and adopt Ordinance No. 4865. Page 9 City of Auburn Council Meeting Minutes May 20. 1996 Parks and Recreation Director Chapman reviewed the Regional Conservation Futures funding. In 1993, the City received $2.1 million from the 1993 Regional Conservation Futures Acquisition Program for two projects. The projects were the Olson Canyon project and the Green' River Access project. After the two projects were acquired, $750,000 remained in Conservation Futures funds. The City then requested permission from King County to expand the Green River Access property to include the Fenster property. The Fenster propeF;y was acquired, and approximately $230,000 of the Conservation Futures funding remain. Ordinance No. 4865 gives the City the authority to request King County to expand the Green River Access project to include the Pautzke property. The Pautzke site is approximately 36 acres in size and was appraised at approximately $345,000. Staff will negotiate to obtain as much of the property as possible, especially the frontage along the river. Mr. Chapman advised that the Pautzke property represents the last, large piece of property to be acquired in the Green River corridor. The acquisition will give the City continuity from the Green River access site to Highway 18, with the exception of a small area owned by the Burlington Northern Railroad. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 2743 A3.17, O4.4.9.13 A Resolution of the City Council of the City of Auburn, Washington, authorizing the assignment of lease between Auburn and Northwest Propeller Service, Inc. to Alan and Louise Turnidge for certain space at the Auburn Municipal Airport. Motion by Councilmember Wagner, second by Councilmember Singer to adopt Resolution No. 2743. Councilmember Poe noted that Exhibits 1 and 2 were not attached to the Assignment of Lease. He also commented that he would like to review the lease information for the Page 10 City of Auburn Council Meeting Minutes May 20, 1996 airport property for the last ten years. Councilmember Poe questioned whether the City should consider an assignment of the lease or require the tenant to sublease the property. City Attorney Reynolds advised that Northwest Propeller Services desires to escape the lease and assign the lease to Alan and Louise Turnidge. Planning and Community Development Director Krauss described the lease property. It consists of three hangar bays without doors. Mr. Tumidge proposes to install two or three doors on the hangar bays so that he can utilize it as a maintenance facility. The cost of each door is estimated at $5,000 to $6,000. Mr. Turnidge proposes that the City participate in the cost of each door up to $2,500 per door. The cost to the City would be paid through an adjustment in the monthly lease payment to the City. The improvements would remain the property of the City. Councilmember Poe recommended adding that the improvements to the lease property must be reviewed and approved by Building Department officials as well as the Airport Manager. Councilmember Poe proposed terminating the existing lease with Northwest Propeller Services and writing a new lease for TAS Enterprises. City Attorney Reynolds explained that Northwest Propeller has the right to assign the lease subject to the City's approval, and there may have been financial or other considerations given between the leasing parties. Alan Turnidge, PO Box 5527, Bellevue, WA, 98008 Mr. Turnidge was in attendance to answer questions from the City Council. Mr. Turnidge reported that TAS Enterprises is in its third year of operation. The business consists of two principals, he and his wife, one full-time and one part-time employee. Councilmember Brothers expressed concern with the City's investment for the installation of the doors on the hangar bays. Page 11 City of Auburn Council Meeting Minutes May 20, 1996 Councilmember Poe expressed his disagreement with the process for leasing the property. He reiterated that the property should be subleased or a new lease written. Councilmember Wagner expressed his support for the assignment of lease based upon the recommendation of the Airport Advisory Board. Councilmember Cerino expressed his support for the Assignment of Lease Agreement. MOTION CARRIED. 4-2. Councilmembers Brothers and Poe voted no. The following discussion and City Council action with regard to Resolution No. 2743 occurred after Item VII.B.6 of these minutes. City Attorney Reynolds identified an error in the Assignment of Lease Agreement approved by Resolution No. 2743. The Agreement provides for one-year options for the tenant for an unlimited duration and under the tenant's exclusive control. City Attorney Reynolds recommended that the Agreement should instead provide that the tenant assumes the remainder of the lease agreement with Northwest Propeller Services. He further recommended that at the end of the Northwest Propeller Services lease on December 31, 1998, the City enter into a lease with TAS Enterprises with two one-year lease options adjusted by the Consumer Price Index. At the end of the second year lease option, the City and the tenant would have the option to cancel the lease. Motion by Councilmember Singer, second by Councilmember Wagner to reconsider Resolution No. 2743. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Poe recommended that the words "or decrease" be deleted from Item 4 of the Assignment of Lease. Page 12 City of Auburn Council Meeting Minutes May 20, 1996 Planning and Community Development Director Krauss advised that City Building Division staff have inspected the structure, and a building permit would be secured for installation of the doors. Councilmember Brothers expressed concern with the investment the City is being asked to make for installation of doors on the hangar. He questioned the marketability of the airport property. Planning and Community Development Director Krauss reminded members of the Council that the City has issued a request for proposals for long term lease of airport property which should reveal the marketability of airport property by the number of responses to the request for proposals. Motion by Councilmember Wagner to adopt Resolution No. 2743 with the following modifications to the Assignment of Lease: Paragraph 4, Term, limit the successive twelve month periods, following the December 31, 1998 expiration of the underlying lease, to two; and delete the word "decrease". Councilmember Singer seconded the motion. Mr. Turnidge indicated the proposed change in the term of the lease is unacceptable. Mr. Turnidge requested a longer lease term which would allow him to amortize his improvement costs over a longer term and suggested 20 one-year options. Councilmember Brothers suggested that because of the number of questions with regard to the lease assignment, that the City Council withdraw motions on the Resolution and return it to Committee for discussion. Councilmember Wagner withdrew his motion to adopt Resolution No. 2743, and Councilmember Singer withdrew her second. Motion by Councilmember Wagner, second by Councilmember Singer to return Resolution No. 2743 to Committee for further study. Page13 City of Auburn Council Meeting Minutes May 20, 1996 Councilmember Poe requested that the Airport Manager and Planning and Community Development Department provide the City Council with information on whether it is feasible to negotiate a long-term lease for the property. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 2744 A1.4.1, A3.16.10 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 Professional Services Contract for Municipal Court Judge Pro Tem Services between the City and Corinna D. Harn. Motion by Councilmember Barber, second by Councilmember Poe to adopt Resolution No. 2744. CoUncilmember Brothers stipulated that he will vote in opposition to Resolutions No. 2744, 2745, 2746, 2747, and 2748 because he lacks sufficient information about the individuals contracted to provide Municipal Court Judge Pro Tern Services. In response to a question from Councilmember Cerino, Mayor Booth explained that the Professional Services Contracts being considered this evening are for Municipal Court Judges Pro Tem who sit in the absence of the Municipal Court Judge. The attorneys contracted for Municipal Court Judge Pro Tem services are members of the Washington State Bar Association in good standing. They have submitted resumes and other information which have been reviewed by the Personnel Director and the Court Administrator. MOTION CARRIED. 5-1. Councilmember Brothers voted rio. Page 14 City of Auburn Council Meeting Minutes May 20, 1996 3. Resolution No. 2745 A1.4.1, A3.16.10 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 Professional Services Contract for Municipal Court Judge Pro Tem Services between the City and Glenn M. PhilPips. Motion by Councilmember Barber, second by Councilmember Poe to adopt Resolution No. 2745. Councilmember Brothers reiterated his opposition to Resolution No. 2745 as expressed under Item VII.B.2 of these minutes. MOTION CARRIED. 5-1. Councilmember Brothers voted i10. 4. Resolution No. 2746 A1.4.1, A3.16.10 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 Professional Services Contract for Municipal Court Judge Pro Tem Services between the City and Denise C. Marti. Motion by Councilmember Barber, second by Councilmember Poe to adopt Resolution No. 2746. Councilmember Brothers reiterated his opposition to Resolution No. 2746 as expressed under Item VII.B.2 of these minutes. MOTION CARRIED. 5-1. Councilmember Brothers voted RO. Page 15 City of Auburn Council Meeting Minutes May 20, 1996 5. Resolution No. 2747 A1.4.1, A3.16.10 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 Professional Services Contract for Municipal Court Judge Pro Tem Services between the City and Nicholas George. Motion by Councilmember Barber, second by Councilmember Poe to adopt Resolution No. 2747. Councilmember Brothers reiterated his opposition to Resolution No. 2747 as expressed under Item VII.B.2 of these minutes. MOTION CARRIED. 5-1. Councilmember Brothers voted RO. 6. Resolution No. 2748 A1.4.1, A3.16.10 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 Professional Services Contract for Municipal Court Judge Pro Tem Services between the City and Patrick K. Hargus. Motion by Councilmember Barber, second by Councilmember Singer to adopt Resolution No. 2748. Councilmember Brothers reiterated his opposition to Resolution No. 2748 as expressed under Item VII.B.2 of these minutes. MOTION CARRIED. 5-1. Councilmember Brothers voted RO. Page 16 City of Auburn Council Meeting Minutes May 20, t996 VIII. MAYOR'S REPORT Executive Session Mayor Booth recessed the regular meeting to executive session at 8:50 p.m.. for approximately 20 minutes to discuss litigation and personnel. Mayor Booth indicated no action is expected as a result of the executive session, Mayor Booth reconvened the meeting at 9:10 p.m. IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 9:10 p.m. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96M5-20.DOC Page 17