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HomeMy WebLinkAbout01-06-1997 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES January 6, 1997 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 Mayor Booth and the following members of the Auburn City Council were present: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Stacey Brothers. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Acting Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Frank Currie, Planning and Community Development Director Paul Krauss, Associate Planner Keith Niven, City Attorney Michael J. Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1. Announcements a) United Way Campaign Mayor Booth presented Associate Planner Keith Niven with a Certificate of Appreciation for his efforts in organizing and coordinating this year's City of Auburn employees' United Way and community fund drive. Mayor Booth commended Mr. Niven for his work on the employee fund drive which doubled last year's contributions. Page 1 City of Auburn Council Meeting Minutes January 6, 1997 2. Appointments a) Board and Commission Appointments A3.8 City Council to confirm the following appointments: White River Valley Historical Society (1) Confirm the appointment of Maxine Moergeli for a three year term to expire on December 31, 1999. (2) Confirm the appointment of Earl Hagen for a three year term to expire on December 31, 1999. Airport Advisory Board (1) Reappoint John Fleck for a 5-year term to expire on December 31,2001. Ads Commission (1) Reappoint Paul Dodsworth for a three-year term to expire on December 31, 1999. (2) Reappoint Roma Lindbloom for a three year term to expire December 31, 1999. (3) Reappoint Barbara Sharrard for a three year term to expire on December 31, 1999. (4) Reappoint Gertrude Sprenger for a three year term to expire on December 31, 1999. (5) Confirm the appointment of Bobby Medina to fill an unexpired term vacated by Reverend Dennis Shinseki for a term to expire December 31, 1998. Human Services Committee (1) Reappoint Cyril Van Selus for a five year term to expire on December 31, 2001. (2) Reappoint Lillian Kitchell for a five year term to expire on December 31, 2001. (3) Confirm the appointment of Marian J. Thomas to fill an unexpired term vacated by Mary Rawley to expire on December 31, 1998. Page 2 City of Auburn Council Meeting Minutes January 6, 1997 LEOFF Board (1) Reappoint Gene Cerino for a two year term to expire on December 31, 1998. (2) Confirm the appointment of Bud Larson as the Member at Large for a term to expire December 31, 1998. (3) Confirm the appointment of Sue Singer to fill an unexpired term vacated by Jeanne Barber for a term to expire on December 31, 1997. Library Board (1) Reappoint Kim Harlington for a five year term to expire on December 31, 2001. Park Board (1) Reappoint Jim Weese for a three year term to expire on December 31, 1999. (2) Reappoint Yoka Ansingh for a three year term to expire on December 31, 1999. (3) Confirm the appointment of Vicki Gilthvedt to fill an unexpired term vacated by MaW Caldwell to expire on December 31, 1997. Motion by Councilmember Barber, second by Councilmember Brothers to approve and confirm the Board and Commission appointments. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Booth added that certificates of appreciation for years of service will be prepared for those Commission and Board members whose terms have expired or are no longer serving due to other reasons. D. Agenda Modifications For clarification of these minutes, Mayor Booth announced the following agenda modifications after Item I.B of these minutes. Agenda modifications include the addition of an announcement regarding the United Way Campaign under Item I.C.l.a of these minutes, the term expiration date for the appointment of Vicki Gilthvedt to the Park Board under Item I.C.2.a of these minutes, the full text of Ordinance No. 4938 transmitted under Item VII.A.1 of Page 3 City of Auburn Council Meeting Minutes January 6, 1997 these minutes, and the full text of Resolution No. 2796 transmitted under Item VII.B.1 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings There were no public hearings scheduled for this evening. B. Audience Participation 1. Paula Thrush, 10872 SE 318th Place, Auburn, WA Ms. Thrush spoke with regard to the call for public hearing on Application No. ANX00001-96. She questioned how the public will be notified of the hearing. Planning and Community Development Director Krauss advised that the notice of public hearing is published in the newspaper, posted in various locations, and mailed to the vicinity residents and to those persons who have made a request to be notified. Councilmember Borden suggested issuing a press release. Ms. Thrush also requested an opportunity to review information on the issue before the hearing. Planning and Community Development Director Krauss advised that a staff report will be prepared and offered to make it available. He stressed that the purpose of the public hearing is to consider the petition for annexation only. If the property is annexed, any development of the property by Correctional Service Corporation or other developers would require additional permits and approvals. In response to a question from Ms. Thrush, Mayor Booth advised that persons wishing to speak during a public hearing are encouraged to limit their comments to approximately three minutes although some allowances are made. C. Correspondence There was no correspondence for City Council review. Page 4 City of Auburn Council Meeting Minutes January 6, 1997 III. COUNCIL COMMITTEE REPORTS For clarification of these minutes, the Council Committee reports were given after consideration of the Consent Agenda. 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 Tuesday, January 21, 1997. B. Planning & Community Development Chair Borden 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 Monday, January 13, 1997 at 7:30 p.m. C. Public Works Chair Brothers reported the Public Works Committee has not met since the last City Council meeting. The next regular meeting of the Public Works Committee is scheduled for Monday, January 13, 1997 at 5:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed the fire pumper purchase to include sales tax in the purchase price. The Committee also discussed and recommends approval of claims and payroll vouchers. Chair Barber thanked Councilmember Poe for his past service as a member of the Finance Committee. The next regular meeting of the Finance Committee is scheduled for Tuesday, January 21, 1997 at 7:00 p.m. IV. CONSENT AGENDA A. MinUtes 1. Minutes of the December 16, 1996 regular City Council meeting. 2. Minutes of the December 16, 1996 Committee on Committees meeting. Page 5 City of Auburn Council Meeting Minutes January 6, 1997 3. Minutes of the November 21, 1996 Special Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 118209 through 118870 in the amount of $1,676,592.94 for Period 12 and dated December 31, 1996. 2. Payr011 Payroll check numbers 235953 to 236287 in the amount of $1,443,200.00 and Direct Payroll Deposit transmissions in the amount of $473,391.97 for a grand total of $1,916,591.97 for the pay period covering December 18, 1996 to December 31, 1996 are approved for payment this 6th day of January, 1997. C. Contract Administration 1. Public Works Project No. 592 O4.12.1 City Council to grant permission to advertise for Project No. 592, 1996 Sidewalk Improvement Program, for improvements to sidewalk along Auburn Way South, between 6th and 12th, and create wheelchair ramps at various locations in South Auburn, additional sidewalk to Les Gove Park, the Museum and other park facilities, and modifications to pedestrian signals at 12th Street SE and Auburn Way South. 2. Fire Pumper Purchase 02.9 City Council to amend the amount of the bid award to Pierce from $262,738.00 to $276,590.16 for the purchase of a fire apparatus pureper. Page 6 City of Auburn Council Meeting Minutes January 6. 1997 D. Call for Public Hearing 1. Application No. ANX0001-96 O3.1 City Council to schedule a public hearing for the January 21, 1997 Council meeting on a petition for annexation of a 12 acre parcel of land located north of the existing City limits and south of South 285th Street, and east of the West Valley Highway. Motion by Councilmember Barber, second by Councilmember Brothers to approve Consent Agenda Items IV.A.1 through IV.D.1, with the exception of Item IV.A.2. Councilmember Poe expressed concern that the agenda bill materials for Item IV.D.1, Call for Public Hearing on ANX0001-96 contained references to a speculative use of the property. Councilmember Borden advised that the Planning and Community Development Committee received information on the speculative use when the Committee first considered the request to annex. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Brothers, second by Councilmember Wagner to amend the minutes of the December 16, 1996 Committee on Committees meeting to replace the name of Councilmember Rich Wagner with Councilmember Stacey Brothers where the minutes reference the conflict of interest resolution meeting group. MOTION CARRIED UNANIMOUSLY. 7-0. V, UNFINISHED BUSINESS There were no items for review under this section. Page 7 City of Auburn Council Meeting Minutes January 6, 1997 VI. NEW BUSINESS A. Application No. CUP0005-96 O3.10.1 The request of Nextel Communications for a conditional use permit to allow the erection of 3 wireless communication antennas on top of the grandstand at Emerald Downs racetrack located at 2300 Emerald Downs Drive on property zoned M-2, Heavy Industrial. Motion by Councilmember Borden, second by Councilmember Singer to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4938 O3.10.4 An Ordinance of the City of Auburn, Washington, providing for an administrative use permit to allow for expansion of the existing Insurance Auto Auction facility located in the 3300 block of "D" Street S.E. on property zoned M-2 (Heavy Industrial), within the City of Auburn, Washington. Motion by Councilmember Poe, second by Councilmember Cerino to introduce and adopt Ordinance No. 4938. MOTION CARRIED. 4-3. Councilmembers Borden, Brothers, and Wagner voted no. Page 8 City of Auburn Council Meeting Minutes January 6, 1997 B. Resolutions 1. Resolution No. 2796 A3.7.1 A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 2695 passed January 2, 1996, and designating the members, powers, duties and meeting times and days of all Standing Committees of the City Council of the City of Auburn. Motion by Councilmember Brothers, second by Councilmember Wagner to adopt Resolution No. 2796 with an amendment to page 2, line 24 to insert the word "telecommunications" after the word "T.V." and before the word "and" so that the sentence reads in part, "emergency planning, cable T.V., telecommunications, and solid waste." MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Status and Update on BNRR Issue Planning and Community Development Director Krauss and City Attorney Reynolds presented a brief update on the status of the Burlington Northern Railread issues. Mr. Krauss reported on a meeting hosted by the City of Yakima which included representatives from the cities of Kennewick, Pasco, Yakima County, Kittitas County, and other jurisdictions including Auburn. The meeting was also attended by Senator Alex Deccio. The purpose of the meeting was to discuss the Burlington Northern issue and coordination of efforts in dealing with Burlington Northern. City of Yakima representatives indicated rail traffic is heavier than expected, and the City of Yakima has experienced problems with emergency access because of the rail traffic. Mr. Krauss reported that the City of Yakima intends to join the cities of Auburn and Kent case in the 9th Circuit Court action. Mr. Krauss also noted that although the railroad has publicly stated and written that the railread would have two trains a day by the end of 1996 and ten trains per day in 1997, the railroad had eight trains per day traveling over Stampede Pass before the end of 1996. Mr. Krauss also reported on a meeting with Senator Patty Murray coordinated Page 9 City of Auburn Council Meeting Minutes January 6. 1997 by the Citizens for Responsible Railroads at which she spoke about the potential for having Congressional hearings on the issue. Mr. Krauss also reported on the hearing before the Growth Management Hearings Board which was held regarding compliance of the City's Comprehensive Plan and the Railroad's effort to require the City to accept the rail yard without review. The hearing was held before the holidays, and the decision is expected within two to three weeks. City Attorney Reynolds outlined several causes of action the City is involved in at this time related to the Burlington Northern issue. As reported by Planning and Community Development Director Krauss, a hearing was held before the Growth Management Hearings Board with regard to the City's Comprehensive Plan. The City expects a decision within the next two to three weeks. The City has an action in the United States District Court, Western District of Washington, which was heard in a motion argument prior to the holidays. The presiding judge determined that the City's first and second causes of actions would be more appropriately heard by the 9th Circuit Court of Appeals. The judge allowed the City to amend to a third cause of action involving intermodal yards. The judge stated on the record that Burlington Northern will be required to give the City of Auburn notice of any activities on the intermodal yard in Auburn. The City also has a pending cause of action before the Surface Transportation Board on federal preemption. Additionally, the City has a cause of action before the 9th Circuit Court of Appeals which is a challenge to a ruling made by the Surface Transportation Board on the merger of the Burlington Northern/Santa Fe and the Washington Central Railroads. The primary issue is the lack of an environmental assessment done by the Surface Transportation Board in approving the merger. B. Mayor's Proclamation of Civil Emergency Mayor Booth read a proclamation declaring a civil emergency in the city of Auburn December 26, 1996 through January 4, 1997. He advised that Auburn City Code Chapter 2.75 permits the Mayor to proclaim a civil emergency which enables the Mayor to issue certain orders, enter into contracts and incur obligations resulting from a natural disaster. In several areas, City forces were employed to respond to the December 26, 1996 through January 4, 1997 storm event. City forces expended considerable labor in excess of 425 hours of overtime reacting to traffic signal outages, Page 10 City of Auburn Council Meeting Minutes January 6. 1997 roadway flooding, power outages, and removing right-of-way hazards. Major damage occurred in the vicinity of 37th Street NW and C Street NW when properties were threatened with flooding. Pump stations at two locations controlled water levels north of the airport between the Burlington Northern Railroad and Auburn Way North. Road damage occurred on Academy Drive, Peasley Canyon Road, and Mountain View Drive. There was substantial damage to trees, shrubs and City parks due to snow and ice. A number of mudslides threatened areas in the White Lake and Forest Villa areas. The majority of the costs will be included in the City's request for federal assistance. The proclamation enables the City to qualify for inclusion in the State's damage assessment. Finance Director Supler advised that an estimate of the labor costs will be available after a special payroll is run next week. The cost estimates will be presented to the Finance Committee and the City Council as soon as they are available. Motion by Councilmember Wagner, second by Councilmember Barber to ratify the proclamation issued by the Mayor. MOTION CARRIED UNANIMOUSLY. 7-0. C. Special City Council Meeting Mayor Booth advised that a special City Council meeting will be held Monday, January 13, 1997 at 6:30 p.m. in the Council work area located in the Mayor's office. The purpose of the meeting is to discuss the special planning area and LID proposal for "1' Street NE area. The special Council meeting will alleviate the need for two presentations to two Council Committees. D. Executive Session No executive session was held this evening. Page 11 City of Auburn Council Meeting Minutes January 6. 1997 IX. ADJOURNMENT Them being no further business to come before the City Council this evening, the meeting adjourned at 8:13 p.m. Approved on the ~2~/,~ day of (~-~Z,E/~4.~-- , 1997. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 97M 1-6. DOC Page 12