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",
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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".
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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